1.3 By using or accessing the Services, you (“you”) agree to all the terms and conditions of the Agreement, and if you do not agree to all the terms and conditions of the Agreement you should not and are not permitted to use the Services.
2. MODIFICATIONS TO THE AGREEMENT
2.2 Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
3.1 Use of and access to the Service may be subject to a subscription fee more specifically described on the Service (“Subscription Fee”), and which is payable each calendar month in advance.
3.2 Use of and access to the specific elements of the Service may be subject to a service fees (“Service Fee”), payable as described.
3.3 Fees are not refundable or partially refundable, except as required by law.
3.4 All payments received by Salestrekker are processed through third party secure transaction service providers.
4.2 If you provide any information to us, either intentionally or incidentally about any other person through your use of the Services, including but not limited to medical or health information about that third party, you:
- 4.2.1 if that third party is a minor, agree that through your use of the Services you consent to the collection and use of this information; and
- 4.2.2 if that third party is a minor, give permission for that third party to consent to the collection and use of this information;
- 4.2.3 if that third party is not a minor, warrant that the third party has reviewed and consents to these Terms and Conditions; and
4.4 We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.
4.5 We may also disclose your personal information to recipients that are located outside of your country.
5. ACCOUNT CREATION
5.1 In order to use the Service you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. You may be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
5.2 All information provided to us must:
- 5.2.1 be accurate and correct to the best of your knowledge; and
- 5.2.2 not infringe on the rights of any third parties, including but not limited to, content that infringes on privacy rights or intellectual property rights, such as copyright and trademark rights.
5.3 Upon successful completion the sign up process, we will provide you with an account, accessible for you by a password of your choice.
5.4 When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
5.5 If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms.
5.6 If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
- 5.6.1 exercise supervision over the Minor’s use of the Services and account;
- 5.6.2 assume all risks associated with the Minor’s use of the Services and their account, including the transmission of content or information to and from third parties via the Internet;
- 5.6.3 ensure that the content and information that the Minor may encounter on the Services are suitable for the Minor;
- 5.6.4 assume liabilities resulting from the Minor’s use of the Services and their account;
- 5.6.5 ensure the accuracy and truthfulness of all information submitted by the Minor; and
- 5.6.6 provide the consents contained in these Terms on behalf of the Minor.
5.7 We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to the Services and your account on this basis.
6. LIMITATIONS OF USE
6.1 You may not do any of the following while accessing or using the Services:
- 6.1.1 access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Salestrekker and/or its service providers;
- 6.1.2 probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
- 6.1.3 access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Salestrekker (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Salestrekker;
- 6.1.4 scrape the Services, and particularly scrape Content (as defined below) from the Services, without the express prior written consent of Salestrekker;
- 6.1.5 use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or
- 6.1.6 interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
- 6.1.7 take any action that may undermine the feedback or ratings systems used on the Service.
7. INTELLECTUAL PROPERTY
- 7.1.1 “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Service.
7.2 For Content uploaded by you, or given to us, for use on the Service, you retain ownership, and grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for the use of any Content uploaded or submitted to the Software:
- 7.2.1 that is not Personal Information or Confidential information, for any purpose; and
- 7.2.2 that is Personal Information or Confidential Information, for the purpose of providing services under this Agreement.
7.3 The Service contains material which is owned by or licensed to Salestrekker. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
7.4 Reproduction of all Content that appears on the Service is prohibited.
7.5 All trademarks reproduced in the Service which are not the property of, or licensed to, the operator are acknowledged on the Service. Salestrekker and/or third parties retain ownership of all intellectual property rights in all Content.
7.6 Unless otherwise indicated, all materials on the Service, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. Except for the bona fide purpose of considering an invitation to treat from Salestrekker or as otherwise permitted by law, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Salestrekker.
7.7 Any other use of materials on the Service, including reproduction for purpose other than your personal non- commercial use, modification, distribution or republication, without the prior express written permission of Salestrekker is strictly prohibited.
7.8 You grants to us an unlimited non-exclusive licence to use any trade marks, logos or other branding images owned or controlled by you for marketing and promotional purposes.
8. APPLICABLE LAW AND JURISDICTION
8.1 Your use of the Service is governed in all respects by the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding directly or indirectly arising out of or relating to the Service (including but not limited to the purchase of Salestrekker products).
9.1 The information contained on the Service is for general information purposes only. The information is provided by Salestrekker and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9.2 Salestrekker shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the purchase of Salestrekker products from the Service.
9.3 The Service may contain links to other websites and software applications. Salestrekker is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites and software applications. Any link to another website, and reference to third-party information, products or services linked to The Service, is not, and should not be construed as, an express or implied endorsement by Salestrekker. Any questions or comments relating to such other websites and software applications and software applications should be addressed to the operator or operators of those websites and software applications.
9.4 The Service may contain content, imagery, text and other media generated by users of the Service. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9.5 Every effort is made to ensure the efficient operation of the Service and Services and that the information contained within the Service is accurate at all times. However, Salestrekker takes no responsibility, and will not be liable for the Service becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.
9.6 You release Salestrekker and all related parties from all claims, demands and proceedings in tort, statute or in any other way arising out of my engagement of a health and/or beauty services provider, and indemnify Salestrekker against all liability (including liability for negligence and the negligence of others) for all injury, loss or damage arising out of any engagement under this Agreement.