- These terms create a contract between you and YTML Consulting Pty Ltd (ACN: 142 689 683) of level 5 80/76 Clarence St, Sydney NSW 2000 and its Related Bodies Corporate (us, we or our). Please read the terms carefully.
- You will access the Services in accordance with:
- our reasonable directions and all applicable laws.
- You agree that your use of the Services is at your own risk.
- To use the Services, you may need compatible hardware, software and Internet access (fees may apply). Performance of the Services may be affected by these factors.
- In order to access certain products through the Services, you must set up an account.
- You agree and acknowledge that all information you provide us will be true, accurate, current and complete.
- You are responsible for maintaining the confidentially of your account and password and for all activity on or through your account and you must not sell, transfer, license or assign your account, username, or any account rights.
- You must notify us immediately of any unauthorised use of your account. We are not liable for any loss or damage arising in connection with any unauthorised use of your account.
- We may, in our sole discretion, suspend or terminate your account, and refuse any and all current or future use of the Services.
- You may cancel your account for any reason by deleting your account.
4. External Services
- We enable access to third-party applications and services through our Services (External Services).
- If you acquire External Services via our Services (a Transaction), each Transaction is a contract between you and the third party providing the External Services.
- If you use External Services, you agree:
- you must comply with any third party terms applicable to the External Services. Mention of External Services in any materials, documentation or advertising provided to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. All External Services are supplied by the respective vendor and we have no responsibility with regard to the selection, performance, or use of these vendors or their products;
- we are not responsible for examining or evaluating the content of any third party External Services;
- we do not guarantee the accuracy, integrity or quality of third party External Services, and will not be liable for any third party External Services;
- charges may apply to your use of the External Services and we assume no responsibility for the transaction of funds or the actions or identity of any transfer recipient or sender nor do we have an obligation to provide a refund or repayment for whatever reason of any amounts paid by you to any other third party for External Services; and
- we may suspend, remove, disable or impose access restrictions or limits on any External Services, at any time without notice or liability to you.
- You are responsible for all your content that you submit, post or display on through the Services, including data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials (User Content).
- You must not submit, post or display any User Content that:
- you do not have permission, right or license to use;
- is objectionable, offensive, unlawful, deceptive or harmful;
- is personal, private or confidential information belonging to others;
- requests personal information from a minor;
- impersonates or misrepresents your affiliation with another person or entity;
- transmits spam, including unauthorised advertising or promotional materials; or
- is illegal, fraudulent, or manipulative.
7. Acceptable Use
- You must not:
- copy, modify, or create derivative works based on the content available on or through the Services;
- infringe the intellectual property rights, privacy or confidentiality of any third party;
- engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
- interfere or disrupt the Services, servers or networks connected to the Services or another person’s use of the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
8. Term and Termination
- Upon termination you must:
- pay all outstanding amounts;
- cease using the Services; and
- comply with any additional applicable third party terms.
9. Intellectual Property
- You agree you may not
- copy, modify, or create derivative works based on the Services;
- distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; or
- modify, decompile, or disassemble the Services.
- You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and content to you and to other users.
- The YTML name, logo and other YTML or Seido trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of YTML in Australia and internationally. You are granted no right or license with respect to these trade marks.
- You acknowledge and agree:
- we may collect aggregated information about your activities, and details of how you use the Services, the types of content you engage with or the frequency and duration of your activities;
- we may collect metadata, which is technical data that can describe the details of how User Content was collected and how that content is formatted; and
- we may automatically store in log files, including IP addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data to analyse trends, to administer the Services, to generally improve the Services and for marketing.
- The Services may contain links to third-party websites, products, and services. We may also use or offer products or services from third parties. Information collected by third parties is governed by that third party’s terms.
We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.
12. Warranties and Liabilities
- To the extent permitted by law:
- the services and all content delivered to you through the Services are (except as expressly stated by us) provided "as is" and "as available" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; and
- we, our directors, officers, employees, affiliates, agents, contractors, or licensors will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Services or for any other claim related in any way to your use of the Services and/or content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
- You acknowledge that the use of the Services is at your sole risk. You are responsible for backing up your own system, including any content acquired or rented through the services.
- We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
- If we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, we limit our liability in respect of any claim under those provisions to:
- in the case of goods, at our option:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- in the case of services, at our option:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
14. Additional Terms
- We will not be responsible for failures to fulfil any obligations due to causes beyond our control.
- The Services or content made available on or through the Services, are not intended for distribution to, or use by, any person or entity, in any jurisdiction or country, where such distribution or use would be contrary to law or regulation. We may limit the availability of the Services or content, or any part of, to any person, geographic area, or jurisdiction at any time.