Terms of Use

Welcome to the UNIQ YOU LTD (“UNIQ YOU”) service and website at www.uniqyou.com.au (the “Site”), owned and operated by UNIQ YOU LTD, ABN: 28 648 144 914 (“UNIQ YOU”, we, us). This Agreement contains the terms, covenants and conditions (the “Terms of Use”) upon which you (“you” or “User”) may access and use the Site and the UNIQ YOU video calls service (“Service”).

 

1. TERMS OF USE

Unless we provide to the contrary, these Terms of Use apply to both the Site and the Service and reference to “the Site” is taken to include both.

Your access to and use of the Site is conditional upon you agreeing to be bound by these Terms of Use. By visiting the Site and registering for or logging into the Service, you, the User, indicate that you understand these Terms of Use and intend them to be a legally enforceable contract and agree to be legally bound and to abide by them without any limitation or qualification. If you do not agree to these Terms of Use, please discontinue your use of the Site.  Please note that UNIQ YOU reserves the right to change these Terms of Use from time to time. If we do, we will post an updated version on our website www.uniqyou.com.au

2. USE OF SITE

You may use the Site in accordance with, and subject to your continued compliance with, these Terms of Use. You may print and download materials and information on the Site solely for educational and non-commercial use, subject to our intellectual property rights. Other than for a purpose we expressly authorise or as permitted at law, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through the Site. As a further condition of use of the Site, you warrant to the UNIQ YOU that you will not use the Site for any purpose that is unlawful or is otherwise inconsistent with these Terms of Use.

3. INTELLECTUAL PROPERTY

We own or are licensed to use all intellectual property rights contained in our website, associated material and the service, and those rights are protected by law including, but not limited to, Australian copyright and trade mark law, as well as other state, federal, and international laws and regulations. Except as expressly provided herein or by law, UNIQ YOU does not grant any express or implied right(s) to you to use or exploit its property in any manner.

Our intellectual property includes, in particular, the trademarks UNIQ YOU, the UNIQ YOU logo and UNIQ YOU logo, and all other trademarks, names, logos, and icons identifying UNIQ YOU, UNIQ YOU’s or UNIQ YOU’s products and services and may not be copied, used or infringed upon in whole or in part, without the prior written permission of UNIQ YOU. We are also the owner or licensee of all copyright, trademarks, get up and content in our website and the Service. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by UNIQ YOU.

If you are authorised to use the service, you are granted a non-exclusive, royalty-free, limited license to use the Service and related intellectual property rights for the purposes for which it has been designed only and the license can be cancelled by us at will without prior notice. No other licence, express or implied, is hereby granted for any other purpose.

2. PRIVACY POLICY

Any information that you submit to us through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Please see our Privacy Policy for a summary of our practices regarding the collection and use of personal information. Acceptance of these Terms of Use constitutes consent to the collection and use of personal information as outlined therein.

3. YOUR REGISTRATION INFORMATION

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and accept responsibility for all activities that occur under your password; (c) maintain and promptly update the Registration Data, and any other information you provide to UNIQ YOU, and to keep it accurate, current and complete; and (d) accept all risks of unauthorised access to or alteration of the Registration Data and any other information you provide to UNIQ YOU.

4. MINORS

If you are under the age of 18 and have any concerns about these Terms of Use, your access to and use of the Site and the provision of personal information, please request your parent or guardian to read these Terms of Use and our Privacy Policy and get their permission before you proceed.

5. CODE OF CONDUCT

You agree not to do any of the following:

  1. Restrict or inhibit any other person from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, another person’s account without the person’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another person or otherwise misrepresenting yourself to UNIQ YOU and the service, our affiliates, the Site’s systems, or other entities.
  2. Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorised to access. Unauthorised access (or attempts) may subject you to civil and/or criminal penalties.
  3. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
  4. Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
  5. Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).

6. LAW ENFORCEMENT

UNIQ YOU reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organisations, including in connection with investigation or prosecution of possible criminal activity on the Site. UNIQ YOU will also comply with all court orders involving requests for such information.

7. LINKS TO OTHER SITES; THIRD PARTY SERVICES

The Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content. UNIQ YOU is not responsible for the accuracy of information contained on other Sites accessed by links from this Site and gives no warranty that the information contained on this Site or any links from this website are free of infection by computer viruses, malware or other contamination.

8. EVENTS BEYOND OUR CONTROL

You expressly discharge and release UNIQ YOU from any claim of harm resulting from a cause beyond our reasonable control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, malware, unauthorised access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism, or governmental restrictions. UNIQ YOU will not be in breach of these Terms of Use to the extent that any failure or delay in performing an obligation occurs because of such a cause.

9. INDEMNITY

You agree that you are responsible for your behaviour in connection with the Site. UNIQ YOU shall not be liable for any claims made against you or UNIQ YOU arising out of your direct or indirect use of or inability to use the Site, and you agree to defend, indemnify, and hold harmless UNIQ YOU and its affiliates and all of their respective employees, agents, directors, officers, representatives, contractors, advisers, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including legal fees and litigation expenses on a full indemnity basis), relating to or arising from your use of the Site or any breach by you of these Terms of Use. UNIQ YOU reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of UNIQ YOU. You agree to cooperate as fully as reasonably required in UNIQ YOU’s defence of any claim.

10. GOVERNING LAW

These Terms of Use are governed by and will be construed and enforced in accordance with the laws of the State of Queensland. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum. UNIQ YOU makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access the Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.

11. RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your access to or use of the Site.

12. TERMINATION AND MODIFICATION

UNIQ YOU reserves the right in its sole discretion to terminate, block or restrict your use of this Site or any portion thereof, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, UNIQ YOU reserves the right in its sole discretion to terminate or modify any Site feature or offering, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.

13. DISCLAIMERS

While we endeavor to provide accurate and timely information, the information available on the Site may include inaccuracies, incorrectness or typographical errors. Moreover, UNIQ YOU may make modifications and/or changes in the Site or in the information available on the Site at any time, for any reason without notice.

You, the user, assume the sole risk of making use of, and/or relying on, the information available on or through the Site. UNIQ YOU and its officers, employees, contractors and agents make no representations about the suitability, completeness, timeliness, reliability, security, legality in your jurisdiction, or accuracy of the information available on or through the Site for any purpose. Such information is provided “as is” and “as available” and, to the full extent permitted by law, without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, meeting users’ expectations, title, and non-infringement.

UNIQ YOU and its officers, employees, contractors and agents assume no liability or responsibility for any errors or omissions on the Site, any failures, delays or interruptions in the Site’s accessibility; any losses or damages arising from the use of the Site including any cyber security breaches or privacy breaches; any conduct by other users of the Site; or unauthorised access to or use of the Site or servers. No advice or information, whether oral or written, obtained by you from UNIQ YOU shall create any warranty not expressly made in these Terms of Use.

UNIQ YOU and its officers, employees, contractors and agents are not liable for any loss or damage to your computer, technology, data or other material caused by a distributed denial of service or similar attack, any virus, trojan, worm, disabling feature, malware or other material which is malicious or technologically harmful due to the use of the Site or the content or downloading or otherwise obtaining any content through the Site.

You expressly agree that any ratings, comments and recommendations provided via the Site are, and will be construed solely as, statements of opinion and not statements of fact and you will be solely responsible for your reliance on such opinion.

Certain legislation, including the Competition and Consumer Act 2010(Cth), may imply guarantees or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms of Use must be read subject to those statutory provisions. If they apply, to the extent to which it is entitled to do so, UNIQ YOU limits its liability in respect of any claim under those provisions, at UNIQ YOU’s option, to: (a) the supply of services again; or (b) payment of the cost of supplying services again.