Terms of Service
UdioSwim is pleased to provide you with access to its website and related services owned or operated by UdioSystems Pty Ltd (ACN 166 661 945) and its related bodies corporate (the website and company are referred to as UdioSystems in these terms and conditions) on these terms and conditions.
By accessing or using UdioSystems you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on UdioSystems) as amended from time to time.
1. About UdioSwim
UdioSwim publishes or makes available on UdioSystems information, advertisements, product and service offers, Software and links and other content supplied by UdioSystems and third parties (Material). UdioSystems does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on UdioSystems or on any website that links from UdioSystems, (including third party display advertisements).
UdioSystems does not provide any warranty in relation to any services advertised on UdioSystems by third parties including, but not limited to, any representation or warranty that the services are fit for the purpose intended or safe for the purpose intended.
2. Personal Use Only
Use of UdioSystems is for your personal use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of UdioSystems:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Material published on UdioSystems to create any website or publication or searchable database;
- mirror or frame any website or page within UdioSystems;
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on UdioSystems or generate or compile any document, index or database based on the Material published on UdioSystems;
- transfer or sell any information, functionality or products or services offered on UdioSystems; or
- undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
If UdioSystems considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these terms and conditions or in a manner contrary to UdioSystems’s interests, then UdioSystems may immediately terminate your right to access and use UdioSystems at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to UdioSystems.
3. You are Responsible for the use of UdioSystems
Whilst UdioSystems takes care to ensure that the Material on UdioSystems is correct, current and free from errors, UdioSystems does not warrant the accuracy or completeness of or the representations made in the Material on UdioSystems or any website that links from UdioSystems or any information received as a result of using UdioSystems. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
The services and Material made available on UdioSystems may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or do not do anything; and may not be continually accessible or free from errors or viruses.
You agree to indemnify UdioSystems against any liability, loss, claim or demand if UdioSystems (or any of its officers, representatives, employees or agents) suffers any loss or damage or incur any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
You must keep your username and password to access UdioSystems secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to UdioSystems that you accept all liability for any unauthorised use of any username and password issued to you.
You are responsible for ensuring that all information that you enter into UdioSystems is correct and that you are charging the correct fees to your customers. UdioSystems cannot be held responsible for incorrect and or incomplete information entered into UdioSystems by you. See clause 6 in relation to UdioSystems’s liability to you under these terms and conditions.
4. Services Provided By UdioSystems, Payment and Amendments
If UdioSystems offers services to you, those services may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
UdioSystems requires a valid payment method on signing up and your first invoice becomes due when you sign up. The amount on your first invoice will reflect the selected features and you will charged for one facility.
All subsequent invoices will include charges per number of active (not removed) facilities in your UdioSystems account.
For any upgrade or downgrade in plan level, this will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades or upgrades part way through a billing cycle.
Downgrading your service may cause the loss of features or capacity of your account. UdioSystems does not accept any liability for such loss.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
If you are not satisfied with your service you can request a refund by writing to email@example.com This refund may be provided only during first billing period and UdioSystems reserves the right to assess requests for refunds on case-by-case basis.
5. Services Provided By Third Parties
If services are offered on or through UdioSystems by third parties (sellers):
- UdioSystems does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any person’s services;
- UdioSystems will not be responsible for the terms of any transaction between you and any person; any services purchased by you from any person or; resolving any dispute between you and any person.
6. Disclaimer & UdioSystems Liability to You is Limited
Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any services provided by UdioSystems are HEREBY EXCLUDED.
UdioSystems does not warrant or represent that all information on UdioSystems websites is current, up to date or in compliance with all applicable laws, regulations and other statutory provisions (legislation). Any reference to any legislation or any provision of any legislation includes any modification or re-enactment of the legislation or any legislative provision substituted for, and all legislation and statutory instruments and regulations issued under, the legislation.
To the full extent permitted by the law, UdioSystems will only be liable to you:
- pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of UdioSystems is limited, at UdioSystems’s option, to (A) supplying the relevant services again or (B) paying the cost of such replacement supply;
- except to the extent that liability cannot be excluded, UdioSystems will not be liable to you:
- for claims arising out of or in connection with your access and use of UdioSystems and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
- to the full extent permitted by law, UdioSystems will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
- For these purposes, the term UdioSystems will mean UdioSystems, its officers, employees, contractors and agents, whether individually or collectively.
These terms and conditions will survive the expiration or termination of this agreement.
7. Cancellation and Termination
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account will not be a valid cancellation. You can only cancel your account at any time by clicking on the account link in the global navigation bar at the top of the screen. The account screen provides a simple no-questions-asked cancellation link.
All of your content will be immediately inaccessible from the service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating or refund of unused time in the last billing cycle.
UdioSystems, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. UdioSystems reserves the right to refuse service to anyone for any reason at any time.
8. Copyright, Trademarks and Licence
Material on UdioSystems is © UdioSystems Systems Pty Ltd and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by UdioSystems. Unless otherwise indicated on UdioSystems, the material on UdioSystems is owned by or licensed to UdioSystems and is subject to copyright (the "Copyright Material").
- only copy or reproduce the Copyright Material for the purpose of browsing UdioSystems or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
UdioSwim and other names of UdioSystems product and/or services referenced herein may be trademarks of UdioSystems Systems Pty Ltd. Other product and company names mentioned on UdioSystems may be the trademarks of their respective owners. Nothing displayed on UdioSystems should be construed as granting you any intellectual property rights including the right to use any trademark, without UdioSystems’s (or the relevant owner’s, if applicable) express written consent.
9. Client login to UdioSystems
If you choose to obtain a client login to UdioSystems, additional products and services may be made available to you.
By obtaining a client login, you agree to receive electronic communications from UdioSystems about its products and services.
If you choose to utilise products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
You may access UdioSystems via the Application Program Interface (API). Access to API is bound by these terms and conditions.
10. Communications Services
UdioSystems may provide you with the ability to communicate with UdioSystems, advertisers and users of UdioSystems through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by UdioSystems. You should not however, consider Communication Services to have been reviewed, screened, or approved by UdioSystems.
Use of the Communications Services is provided on condition that you do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
- transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- use the Communications Services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
- upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of UdioSystems’s infrastructure;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by UdioSystems;
- download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;
- excessively use the Communications Services in a manner which may hinder or prevent UdioSystems from providing services to any other persons or which may threaten the integrity or use by any person of UdioSystems;
- authorise, aid, abet encourage or incite any person to do any of the above acts.
UdioSystems may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
11. Software Services
Any software, including HTML code and ActiveX controls, that is made available to use or download from UdioSystems ("Software") is owned by UdioSystems and/or its suppliers.
Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.
If there is no License Agreement, UdioSystems grants you a personal, non-transferable license to use the Software for viewing and otherwise using UdioSystems in accordance with these terms and conditions, and for no other purpose. You must not:
- copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
- reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
- introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
12. UdioSystems and Your Privacy
13. What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of Western Australia, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
14. UdioSystems May Change These Terms and Conditions
UdioSystems may cease to provide you with access to UdioSystems or any of its services without notice
All rights not expressly granted are reserved.
15. Security of Data
UdioSystems understands that your information is critical to you and your business, and that you need to be able to rely on the information UdioSystems provides its users. UdioSystems is designed to ensure the confidentiality, integrity and availability of the information we process and the systems that process it.
16. Contact UdioSystems
If you have a question, problem or complaint or need to contact us:
Postal Address: PO Box 232, Palmyra WA 6957
Contact: General Manager of Operations
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