Softhard Solutions Terms and Conditions of Use
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Please read our Terms and Conditions of Use of our Services Carefully
Terms and Conditions of Use of Services
Softhard Solutions Australia (hereafter referred to as 'Softhard') provides the ShopMateWeb site and YouMe App and related services (hereafter referred to as 'Services') to any user (hereafter referred to as 'Subscriber') subject to the following Terms and Conditions of Use.
USE OF THIS APP OR WEB IMPLIES AN AGREEMENT TO ABIDE BY AND BE BOUND BY THESE TERMS, so please read the following information carefully.
Age to use Services
You must be at least 16 years old to use our Services (or such age as required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
The app or web site as referenced by Softhard Solutions Australia or any of it's alias domains.
All downloads or uploads made by Subscriber to or from the Softhard Solutions Australia app or website... whether data, code, articles, comments, files or pictures etc.
Softhard Services Jurisdiction
All information and services contained within the Softhard Solutions domain, including YouMe App Service and ShopMateWeb Website Service, are governed by and are to be construed according to the laws applicable in the State of New South Wales and the Commonwealth of Australia.
Use of ShopMateWeb and YouMe Software
Softhard grants Subscriber the right to access and use the Services via the App and Website with the particular user roles available to Subscriber according to Subscriber subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
Subscriber acknowledges and agrees that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
Subscriber determines who is an Invited User and what level of user role access to the ShopMateWeb and YouMe Services that Invited User has.
Subscriber is responsible for all Invited Users' use of the Services.
Subscriber controls each Invited User's level of access to the relevant organisation and Services at all times and can revoke or change an Invited User's access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be.
If there is any dispute between Subscriber and an Invited User regarding access to any organisation or Services, Subscriber shall decide what access or level of access to the relevant Data or Services that Invited User shall have, if any.
Whilst Softhard intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason Softhard has to interrupt the Services for longer periods than Softhard would normally expect, Softhard will use reasonable endeavours to publish in advance details of such activity on the Website.
Use of the Services may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls Subscriber is permitted to make against Softhard's application programming interface. Any such limitations will be advised.
An invoice for the Access Fee will be issued each month starting from the date Subscriber added their organisation to Softhard Service account. All invoices will include the Access Fee for the next period of month of use. Softhard will continue invoicing Subscriber monthly until this Agreement or subscription is terminated.
All Softhard invoices will be sent to Subscriber, or to a Billing Contact whose details are provided by Subscriber, by email. Subscriber must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 7 days of the invoice date.
Subscribers are responsible for payment of all taxes and duties in addition to the Access Fee.
Subscriber must only use the Services and Website for their own lawful internal business purposes, in accordance with these Terms and any notice sent by Softhard or condition posted on the Website.
Subscribers may use the App and Website Services on behalf of others or in order to provide services to others but if they do so they must ensure that Subscribers are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to Subscriber.
Subscriber must ensure that all usernames and passwords required to access the Services are kept secure and confidential.
Subscriber must immediately notify Softhard of any unauthorised use of Subscriber passwords or any other unauthorized breach of security and Softhard will reset Subscriber password and Subscriber must take all other actions that Softhard reasonably deems necessary to maintain or enhance the security of Softhard's computing systems and networks and Subscriber access to the Services.
Not attempt to undermine the security or integrity of Softhard's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks.
Not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website.
Not attempt to gain unauthorised access to any materials other than those to which Subscriber has been given express permission to access or to the computer system on which the Services are hosted.
Not transmit, or input into the Website or App, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which Subscriber does not have the right to use).
Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website or App except as is strictly necessary to use either of them for normal operation.
Not use offensive, insulting, rude, derogatory or disrespectful language in their messages to other users.
Content Downloads or Uploads
Subscriber may choose to submit or receive content to the Softhard Services website. Subscriber does not grant any other site Subscribers, the right to freely view all submitted content as well as use all content in their own computers without restriction, as well as not grant the right to distribute content freely and without restriction.
Subscribers understand that after submitting content, they RETAIN OWNERSHIP OF ANY DATA OR COPYRIGHT OF THE CONTENT. The Subscribers grant to Softhard a nonexclusive, worldwide license to link to, reproduce, distribute, adapt and display the submitted Data or content.
Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Subscriber property. However, Subscriber access to the Data is contingent on full payment of the Softhard Access Fee when due. Subscriber grants Softhard a licence to use, copy, transmit, store, and back-up Subscriber information and Data for the purposes of enabling Subscriber to access and use the Services and for any other purpose related to provision of services to Subscriber. On termination of Services, Subscribers may request a copy of their Sql Data Database where applicable.
Backup of Data:
There is no need for Subscriber to maintain copies of Data records inputted into the ShopMateWeb and YouMe Services. Softhard adheres to its best practice policies and procedures, which are regulated by membership in the Microsoft Azure Cloud Services, to prevent data loss. Subscriber Data lives in the Softhard's Microsoft Azure Cloud Service Account, in the Australia East region.
Microsoft, and therefore Softhard, garantee constant maintaining of three mirror copies of Subscriber Data in three different regions, making the Data available to Subscriber ShopMateWeb or YouMe Application 24/7 anywhere in the World. When a current region data goes down, data is instantly available from the next sister mirror region data service with no interruption. Softhard expressly excludes liability for any loss of Data no matter how caused.
Subscriber asserts that he or she owns the complete copyright to all content submitted to the site or is empowered by the original copyright holder to grant other parties the full rights detailed in this agreement. Subscriber further attests that no submitted content is subject to any licence that would infringe on any of the rights granted to other parties in this contract.
Subscriber agrees that the burden of determining proper copyright ownership of all their posted content, lies exclusively with themselves. Subscriber agrees to assume full liability for any disputes regarding ownership, copyright, or trademarks of any content they have submitted to this site and further agrees to hold Softhard completely harmless in all such regards.
Softhard reserves the right to refuse to post, alter or remove any content at its sole discretion.
While using Softhard Services, Subscriber agrees Not to:
Restrict or inhibit any other Subscriber from using the service.
Post any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise objectionable content.
Post or transmit any information or software that contains a virus or other harmful or disruptive component.
Post or transmit materials in violation of another party's copyright or intellectual property rights.
Softhard reserves the right to block or refuse access (or service) to any Subscriber who does not adhere to these guidelines, without prior notice.
Softhard also reserves the right to revoke access rights to any Subscriber at any time, at its sole discretion and without advance notice.
All content as well as the Softhard Solutions ShopMateWeb and YouMe Services themselves are provided by Softhard 'as is', without warranties as to performance, fitness, merchantability, or any other warranty or warranties (whether expressed or implied).
There are no guarantees that the Softhard Solutions YouMe and ShopMateWeb services will be available at any given time, and no guarantees that use of the services will not be subject to interruptions. All direct or indirect risk related to use of the services is borne entirely by the Subscriber.
The possibility exists that the Softhard Solutions YouMe and ShopMateWeb services and their contents may contain inaccuracies or errors. Although Softhard keeps checking the links to other websites, Softhard makes no guarantees regarding the accuracy of the services or their contents.
The Softhard Solutions ShopMateWeb Website may contain links to other sites operated by third parties. Softhard does not endorse and is not affiliated with these linked sites, and is not responsible for any content that appears on these linked sites.
Modifications to Services
Softhard reserves the right at any time to modify or discontinue parts, temporarily or permanently, of the Softhard Solutions YouMe and ShopMateWeb services with or without notice.
This includes the right to remove, cancel or suspend any content Softhard posts on the services.
Subscriber agrees that Softhard shall not be liable to Subscriber or any Third Party for any modification, suspension or discontinuance of the services.
Termination of Services
Subscriber also agrees that Softhard is not liable to Subscriber or any Third Party for any termination of Subscriber access to these services.
Subscriber agrees to indemnify and hold Softhard Solutions and any of the Softhard Solutions Suppliers harmless from any dispute which may arise from a breach of terms of this Agreement.
Subscriber further agrees to hold Softhard and any of the Softhard Suppliers harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement.
Copyrights and Trademarks
The names Softhard Solutions, ShopMate and MotoShop are registered trademarks in Australia and cannot be used without the written permission of Softhard Solutions.
All pages and graphics of the Services are the property of Softhard. The pages may not be redistributed or reproduced in any way, shape, or form without the written permission of Softhard.
Subscriber may distribute links to Softhard YouMe and ShopMateWeb Applications to any entity.
The information in these Services is current at the date of publication but may be subject to change. Notice of any other change to these Terms and Conditions of Use will be given no later than the day the change takes effect.
This is the current Terms and Conditions of Use statement and replaces any previously published statement.
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