The “Website” or “Site” means the website provided by UNLTD Pty Ltd (Australia)
The “Services and Applications” means services of all kinds, software and hardware of all kinds provided by UNLTD Pty Ltd (Australia)
- Your Agreement with UNLTD Pty Ltd (Australia).
1.1 Terms are governed by the law of Victoria Australia. You may have additional rights under the law. We do not limit those rights where it is prohibited to do so by law.
1.2 Our Services, Data and Applications are licensed, not sold, to you
2.2 Our Access to Your Content. We will only access, view, or listen to your Contents in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your Content to (a) respond to your support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce the Terms. Our automated systems may analyze your Content using techniques such as machine learning to improve the Services and User Experience.
- Use of Services, Data and Applications.
3.1 Subject to your compliance with the Terms & Conditions, and the law, you may access and use the Services, Data and Application.
3.2 We (and our licensors) remain the sole owner of all right, title, and interest in the Services or Application. We do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Applications. We reserve all rights not granted under the Terms.
3.3 For data you stored in our system, we recommend that you back up your Content with your own storage regularly. We reserve our rights to remove your contents and files stored in our system if your license has been suspended for over 90 calendar days.
3.4 At our discretion, contents those against the Law, inappropriate to the Services will be removed from the website.
3.5 Your account may be suspended, banned or deleted permanently if breaching our applicable Terms & Conditions. We reserve our rights to prohibit your re-entry to the Services and Application.
3.6 We reserve our rights to suspend or terminate the license grant to you to access and or use our Services, Data and Applications for the reasons including but not limited to data scraping of any kind, abusing features, uploading copyrighted materials, affecting other user rights and normal operation of using the Services and Application, any suspicious behaviour which may harm our reputation and interests, unlawful act without prior notice.
- Your Content.
4.1 “Content” means any physical and digital material, such as audio files, video files, electronic documents, images, textural contents that you upload and import into the Services or Application in connection with your use of the Services.
4.2 You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.
4.3 Licenses to Your Content in Order to Operate the Services and Software. When you upload Content to the Services and Applications, you confirm that you have full copyrights of the contents, and you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content as needed in response to user driven actions (such as when you choose to privately store or share your Content with others). This license is only for the purpose of operating or improving the Services and Applications.
4.4 Sharing Your Content.
(a) Some Services, Data and Applications may provide features that allow you to Share your Content with other users or to make it public. “Share” means but not limited to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services and Applications. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.
(b) We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be shared and to adjust the setting related to accessing or sharing your Content.
(c) The Services, Data and Applications may allow you to comment on Content. Comments may not anonymous and may be viewed by other users.
4.5 You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service and Application. Some copies of your Content may be retained as part of our routine backups, or permanent copy if shared to other Services and Applications, however.
4.6 You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). If you submit Feedback to us however, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
- Account Information.
You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator); or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Applications.
- User Conduct.
6.1 Responsible Use. You must use the Services, Data and Applications responsibly.
6.2 Misuse. You must not misuse the Services, Data or Applications. For example, you must not:
(a) copy, modify, host, stream, sublicense, or resell the Services, Data or Applications;
(b) enable or allow others to use the Services, Data or Applications using your account information;
(c) use the Data and Applications to construct any kind of database;
(d) access or attempt to access the Services, Data or Applications by any means other than the interface we provide or authorize, or non-human access and or operation;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services or Applications;
(f) share Content, or engage in behavior that violates anyone’s intellectual property rights (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
(g) upload or share any Content that is but not limited to unlawful, harmful, misleading, fake, threatening, abusive, tortious, defamatory, libelous, invasive of another’s privacy, or hateful;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(i) attempt to disable, impair, or destroy the Services and Applications;
(j) upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Application;
(k) disrupt, interfere with, or inhibit any other user from using the Services, Data or Applications (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
(l) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages;
(m) advertising of any products or services in the Services except which the Services and Applications are intended to, or with our prior written approval;
(n) deliberate multiple insertion of the same business by making minor change of address, and or different phone number, email address etc. is prohibited in our websites to maintain high standard and quality of data for better user experience. Account which breaches our data quality rule may be suspended and listing will be removed from our websites.
(o) use any data mining or similar data gathering and extraction methods in connection with the Services; or
(p) violate applicable law.
7.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
7.2 Credit Card Information. We do not store Credit Card Information in our system. Credit Card you used to make payment will not save and stored by our payment system. However, it may be stored by third-party payment system we use. If in doubt, please contact payment system provider for more information, or you may choose any other available payment methods we accept.
- Your Warranty and Indemnification Obligations.
8.1 Warranty. By uploading your Content to the Services or Applications, you agree that you have: (a) all necessary licenses and permissions to use and Share your Content; and (b) the rights necessary to grant the licenses in the Terms.
8.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services or Applications, or your violation of the Terms.
- Disclaimers of Warranties.
9.1 Unless stated in the Additional Terms, the Services, Data and Applications are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services, Data or Applications will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services, Data or Applications will be effective, accurate, or reliable; (c) the quality of the Services, Data or Applications will meet your expectations; or (d) any errors or defects in the Services, Data or Applications will be corrected.
9.2 We specifically disclaim all liability for any actions resulting from your use of any Services or Applications. You may use and access the Services, Data or Applications at your own discretion and risk, and you are solely responsible for any damage to your hardware devices or loss of data that results from the use of and access to any Service or Applications.
9.3 If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than us; or (c) the inclusion of your Content by third parties on other websites or other media.
9.4 While the Information is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact on the accuracy of the Information. The Information may change without notice and we are not in any way liable for the accuracy of any information presented and stored or in any way interpreted and used by you.
- Limitation of Liability.
10.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Applications. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct, or for death or personal injury.
10.2 Our total liability in any matter arising out of or related to the Terms is limited to AUD100 or the amount of affected period that you paid for access to the Service and Applications, whichever lower.
- Termination of license.
11.1 Termination by You. You may stop using the Services, Data and Applications at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
11.2 Termination by Us. If we terminate the Terms, or your use of the Service(s) for any reasons other than beyond our control, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us. We may, at any time, terminate your right to use and access the Services, Data or Applications if:
(a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(b) you fail to make the timely payment of fees for the Services or Applications, if any;
(c) you fail to submit required supporting documents for account verification purpose as we required, for more than 45 calendar days;
(d) you fail to comply our requirement(s) relating to the Service and Applications within 90 calendar days
(e) you materially breach any provision of the Terms;
(f) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel;
(g) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(h) we elect to discontinue the Services, Data or Applications at our discretion, in whole or in part; or
(i) extended period of inactivity in your free account.
12.1 Screening. We do not review all content uploaded to the Services or Applications, but we may use available technologies, vendors, or processes to screen for certain types of illegal content or other abusive content or behaviour.
12.2 Disclosure. We may access or disclose information about you or your use of the Services or Applications: (a) when it is required by law (such as when we receive a valid search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
- Dispute Resolution.
If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 60 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify. All legal actions must be governed by Victoria Australian Law.
- Updates, Availability and Languages.
14.1. Updates to the General Terms and Additional Terms. We may modify any terms of the Services and Applications. You should look at the Terms regularly. We will make reasonable effort to notify you via our user interface or other means. By continuing to use or access the Services, Data or Applications after the revisions are in effect, you agree to be bound by the revised Terms.
14.2. Updates to the Services and Application. We may modify, update, or discontinue the Services, Data or Applications (including any portions or features) at any time, without liability to you or anyone else. We may provide you with a pro rata refund for any unused fees for that Service or Application that you prepaid.
14.3. Availability. The Services, Data and Applications are accessible worldwide, but we do not guarantee that all Services or service features are available to you.
14.4. Languages. English version is primary. Services are not available in all languages. We do not guarantee accuracy of interpretation to other languages. If there is error in interpreted versions, refer to English version.
Feb 2019. Supersede all previous versions