Welcome to Welcomer.me, a website owned and operated by White Label Personal Clouds Pty Ltd A.B.N. 73 152 082 810 (“Welcomer”). Welcomer is carrying on through this website a business of securely transferring an individual’s personal and confidential data between authorised persons and entities.
These Terms of Service apply to the websites at http://www.Welcomer.com.au and http://www.welcomer.me and other websites owned by Welcomer (“Websites”) and their facilities for electronic procurement of the Services.
The terms of service in force at any time are published on the Websites and a Registered User will be taken to have accepted them by accessing or using the Services. This is the case regardless of the class, level or status of a Registered User.
Please read these Terms of Service carefully before accessing or using the Website or Services.
1.1 “We”, “us” and “our” refer to Welcomer. References to users must be read as being also a reference to Registered Users.
1.2 “Registered User”, “you” or “your” means anyone who has signed up for the Services and is approved by Welcomer to use the Services. A Registered User may set up a profile by giving Welcomer certain additional information, which is referred to as the Registered User’s Account.
1.3 “Services” means Welcomer’s various facilities for Registered Users for use in accordance with these Terms of Service.
1.4 “Account” means a Registered User’s account incorporating the Balance.
1.5 “Amount” means sums of money in Australian dollars payable by the Registered User to Welcomer to be accounted for in the Balance.
1.6 “Balance” means the aggregate Amount paid by you, less any Amount applied by you for procuring Services.
1.7 “Discounts” means any reduction in the price of the Services.
2. LEGALLY BINDING CONTRACT
2.1 These Terms of Service constitute a binding legal contract between Welcomer and each Registered User. Each Registered User is legally bound on registration on clicking an “I agree,” “I consent,” or other similarly worded “button”, check box or entry field on the Website whether that involves a mouse, finger, keystroke, or other data entry mechanism. Those actions are a legal equivalent of a handwritten signature or affixing a corporate seal.
2.2 The Website and these Terms of Service may change without notice, so do check them from time to time. A revision date appearing at the beginning of the Terms of Service specifies the date of the last effective revision.
2.3 If Welcomer develops revised terms of service, then on their publication on the Website they will supersede those they replace. Subsequent access or use of the Website or the Services by a Registered User will be taken as acceptance of the revised terms of service. If you do not agree to any change to terms of service applicable at any time, do not access, use, upload, submit information to or download from the Website or use the Services.
2.4 Provisions separate from those in these Terms of Service, and placed elsewhere on the Website, may govern specific functionality or features of the Services or the Discounts. Those additional provisions must be read with these Terms of Service. If there is an inconsistency between such provisions and these Terms of Service then the provisions of these Terms of Service will prevail to the extent of such inconsistency and the parties must take all necessary steps to remove that inconsistency.
2.5 Each individual Registered User represents that he or she is either 18 years of age or older.
3.1 Registration and Use
(a) Each Registered User is permitted to have only one Account. Only a Registered User is permitted to use the Services to conduct Account transactions.
(b) Each Registered User will have a unique user ID, which comprises the email address the user provides when registering to be a Registered User. Welcomer may provide a Registered User with additional codes necessary to access and use specific functions, facilities and features of the Services or the Website.
(c) Registered Users may be required to submit personal information such as first and last name, email address, date of birth, postal address, postcode and additional information for security or identity verification purposes. Welcomer may also ask Registered Users to provide optional information about the Registered User that will enable Welcomer to personalise and customise the Services. Welcomer will indicate what information is required and what information is optional.
(d) A Registered User may not impersonate another person or entity, or falsely state or otherwise misrepresent itself, its age or affiliation with any person, organisation or entity.
The Registered User can deposit Amounts in the Registered User’s Account.
Welcomer’s performance of each type of the Services requires use of the Balance. The part of the Balance to be used for each type of the Services is indicated on the Website. The deduction of the part from the Balance will take place on delivery of the Services. Welcomer will issue an invoice after each delivery of the Services.
Welcomer may allow Discounts to the Registered User according to Welcomer’s Discounts policy.
A Registered User may transfer the Balance or any part of it to another Registered User. A transfer is effective on the date Welcomer records it in the transferee’s Balance. The transferor’s Balance will be reduced to reflect the transfer. Welcomer makes a charge in the form against the Balance for each transfer. The charge amount is published on the Website. Welcomer does not take part in any transfer transaction and is not liable for any amount relating to or arising out of the transfer, whether by way of taxes, duties, withholding payments or otherwise. The Registered User indemnifies and holds Welcomer any of its affiliates, related bodies corporate, directors, officers, members, agents, employees and contractors harmless from any such liability.
Any taxes, imposts, levies or otherwise, whether by way of income, capital or supply, stamp duty or any other such levies incurred or which may be incurred by the Registered User connected with the Account, Website or Services will be the sole liability of the Registered User, including in relation to any transfer of the Balance or part of it. The Registered User indemnifies and holds Welcomer and any of its affiliates, related bodies corporate, directors, officers, members, agents, employees and contractors harmlessfrom any such liability.
3.7 Outside Transactions
Any transaction or payment made outside of the Website, and relating to the Services or the Balance, is not under the control of Welcomer. Welcomer disclaims any and all liability for such payments and transactions and will not recognise, refund, recompense or compensate for such transactions or payments.
Welcomer may from time to time send communication to Registered Users, such as alerts and newsletters or confirmations regarding use of the Website or Services.
3.9 Account Closure
If the Account is closed for any reason by the Registered User no refund will be given for any Balance or otherwise.
Welcomer may, by notice provided on the Website, change or discontinue any Website or Services function, facility, feature, section, area, community, discussion group, module, service, menu, offering, incentive, password, or user.
4. REGISTERED USER OBLIGATIONS AND WARRANTIES
(a) Each Registered User:
(i) is responsible for the security and use of its user account. Welcomer will provide services to assist the Registered User to maintain security.
(ii) must not allow any third party, unqualified, untrained or unauthorised person to access the Account; and
(iii) must immediately notify Welcomer of any unauthorised use of the Account or any other breach of security.
(b) Each Registered User warrants that the Registered User’s details provided to Welcomer are true and accurate, including personal names, affiliations, and email address.
(c) Welcomer is not liable for any loss or damage arising from a Registered User’s failure to comply with these Terms of Service.
(a) Each Registered User warrants and represents that the Registered User, or any authorised individual acting for it, has full power and authority to bind the Registered User to these Terms of Service.
(b) Each Registered User warrants and represents that individuals appointed by it and authorised to use the Services on its behalf are competent and trained in the use of the Services and will be made aware of these Terms of service prior to their starting to use the Services.
(c) Each Registered User warrants and represent that in a transfer of Balance the transferee will satisfy the condition in (b) above.
(a) The Registered User indemnifies Welcomer and any of its affiliates, related bodies corporate, directors, officers, members, agents, employees and contractors against all expenses, damages, costs and losses whatsoever (including legal costs and expenses) incurred by them in consequence of any breach by the Registered User or any of its authorised representative of these warranties.
(b) Despite anything stated elsewhere in these Terms of Service, the Registered User indemnifies and holds harmless Welcomer (and any of its affiliates, related bodies corporate, directors, officers, members, agents, employees and contractors) from and against all demands, claims, actions, proceedings, settlements, liability, expenses, fines, damages, costs or losses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to activities involving the Website, Services or Account in breach of these Terms of Service by the Registered User or any person authorised by it.
5. LAW ENFORCEMENT
As regards any personal information, information relating to IP addresses, or other data submitted or posted, Welcomer may in certain cases be legally obligated to disclose such data to law enforcement agencies, intellectual property owners and others. Welcomer may disclose such data as legally required..
6. DISCLAIMERS AND LIABILITY
6.1 The Competition and Consumer Act 2010 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms of Service, the disclaimers and limitations specified in these Terms of Service only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.
6.2 To the full extent it is lawful or possible to do so and except as may be expressly specified in these Terms of Service, all conditions, warranties, representations and liability, whether express or implied, are disclaimed and excluded as to the Services and its description, quality, performance or fitness for its purpose. In particular, we do not warrant that the operation or performance of the Services will be uninterrupted or error-free, except as may be expressly specified in these Terms of Service.
6.3 Welcomer, its affiliates, related bodies corporate, directors, officers, members, agents, employees and contractors and the internet service provider hosting the Website make no representation and accept no responsibility or liability for:
(a) error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not;
(b) loss of data, theft, delays, non-deliveries, misdeliveries, or service interruptions caused by their negligence, errors or omissions;
(c) demands, claims, actions, proceedings, settlements, liability, expenses, damages, costs or losses of any type which may be incurred (either actual or contingent) in the event of any loss, damage, destruction of tangible or intangible property (including equipment, computer programs and data or any loss of use of any of them), death, bodily injury, disability, sickness, disease, mental incapacity, insanity, accident or event whether relating to the Registered User or third parties, wilful, unlawful or negligent act or omission or breach of the law, violation of any statute, regulation, by-law or ordinance; or
(d) special, incidental, indirect, consequential, exemplary, or punitive damages of any type (including damages for loss of profits, business interruption, or loss of reputation, data or computer programs);
whether based on contract, equity, statutory law, tort, criminal law, property, bailment, trust, unjust enrichment or any other legal theory, arising out of the delivery, installation, training, use, performance or support of the Website or if the Registered User uses, uploads, downloads, or acts in reliance on any representation, information or data contained, linked or distributed through the Website.
6.4 The disclaimers limitations of liability, exclusions of liability, and recommendations in the preceding paragraphs apply to all content on the Website and any alerts, newsletters, broadcast emails or other materials associated with the Website.
6.5 We have implemented commercially reasonable technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. The Registered User acknowledges that its personal information is provided at its own risk.
Without limitation to other provisions in these Terms of Service, Welcomer may at its discretion refuse to provide the Services, suspend or terminate any access or account the Registered User may seek or have for the Website. Welcomer may do so, for example but without limitation, if it believes the Registered User will breach or has breached these Terms of Service or has submitted false, inaccurate, untrue, unauthorised or incomplete information or Balance or if a request is made by law enforcement or other government or regulatory authorities; or due to technical difficulties. This includes any access right the Registered User may have as a Registered User. Further, these Terms of Service are revocable by Welcomer at any time without notice and with or without cause. If these Terms of Service are terminated due to anything attributable to the Registered User as specified above, no refund will be given for the Balance or otherwise.
In these Terms of Service, unless the context otherwise requires:
(a) a reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;
(b) a reference to these Terms of Service is a reference to these Terms of Service as may be varied, supplemented, novated, or replaced from time to time;
(c) words in the singular number include the plural and vice versa;
(d) headings, underlines, indexes and lists of contents are for convenience only and have no effect on interpretation;
(e) “including” and like terms mean “including but not limited to”;
(f) a failure to comply, observe or perform an obligation constitutes a breach of an obligation; and
(g) no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted these Terms of Service or part of it.
10.1 Relationship of Parties
Nothing in these Terms of Service is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website will be barred if it is not filed within one (1) year of the cause of action arising.
These Terms of Service are subject both to any agreement between the Registered User and Welcomer which expressly supersedes these Terms of Service, and, to any mandatory statutory or common law to the contrary applicable in the state of New South Wales, Australia.
These Terms of Service or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.
No provision of these Terms of Service is to be taken to be waived except by express written consent executed by the party that is claimed to have waived the relevant provision.
If a provision, or part of it, of these Terms of Service is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms of Service will otherwise remain in full force.
10.7 Governing Law and Jurisdiction
These Terms of Service must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
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