Onboarding Buddy BETA
Terms And Conditions
The following terms and conditions will apply to all uses of the Onboarding Buddy Platform, published by Architected Pty Ltd, ABN 48 134 308 937 (“Architected”). Specific terms and conditions may apply to particular pages, transactions or uses.
By viewing and using the Website, you are deemed to have accepted these terms and conditions. Onboarding Buddy reserves the right to modify these terms and conditions at any time without notice to you.
A. Creating Your Account
1. You must be at least 18 years of age or older to use the Onboarding Buddy platform. If you are under 18 years of age, your parents must supervise and approve your use of the Onboarding Buddy platform.
2. When you are creating your Account, you must:
(a) provide true, current, complete and accurate information about you as required by the application or registration process and not enter any false personal information;
(b) not use a username which is the same as or similar to a third person with the intent to impersonate them;
(c) not create an account for a third person without their permission;
(d) not use a username which is offensive, defamatory, obscene or otherwise unlawful or inappropriate;
(e) not use a username and/or key words which are the same as or similar to any trade mark owned by a third party or which may trade on the name or reputation of a third party; and
(f) not use a username and/or key words which are misleading, deceptive or otherwise unlawful.
(g) notify Onboarding Buddy of any change in your application or registration information.
3. You are responsible for maintaining the security of your Account, and for all activities taken in connection with your Account. You must not disclose your password to any third person, or allow any third person to operate your account
B. Creating and Using Your Site - Content and Responsibilities
1. You are entirely responsible for the content of, and any harm resulting from any text, pictures, audio-visual content, sound recordings or other works and subject matter you may upload to your site (“Site”) or otherwise in connection with your Account (“Content”).
2. You must ensure that your Content:
(a) is either your own, wholly original, works or creations, or you have secured with licence, permission or authorization of the owner and acted in accordance with any terms and conditions stipulated by the owner;
(b) does not infringe any right of any other person, including copyright and trade marks;
(c) is not offensive, pornographic, defamatory, obscene, threatening, a breach of confidence or otherwise unlawful or inappropriate;
(d) does not promote or advertise any third party product or service (except with Onboarding Buddy’s written consent);
(e) does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content or otherwise interfere with, or disrupt the operation of, the Onboarding Buddy Platform;
(f) is not spam, unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, pyramid schemes or any other form of solicitation;
(g) is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
(h) does not infringe privacy, or publish any private information, of a person, such as their address, phone number, email address, and similar information without permission.
3. As a condition of posting your Content, Onboarding Buddy may require you to submit true, accurate and current information, as well as selecting an “author name” under which your content may be posted. Collection of such information will be governed by the Onboarding Buddy Privacy Policy as posted from time to time.
4. You must ensure that your Site is not advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
5. You must immediately notify Onboarding Buddy of any unauthorized uses of your Site, if your password is lost, stolen, or disclosed to an unauthorized third party, or if your Account is otherwise compromised or any other breaches of security.
6. You can link your Site to various webmail, social networking, and other online accounts. You may only link your own accounts. Onboarding Buddy will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Onboarding Buddy Platform. By linking your other accounts, you expressly authorize Onboarding Buddy to access your account information from those third party accounts, on your behalf as your agent and permit Onboarding Buddy to access, use and, in some cases, store your account information to accomplish this.
7. You are granted a limited, non-exclusive right to create a hypertext link to your Site provided such link does not portray Onboarding Buddy or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time, and you agree to promptly remove any such links at Onboarding Buddy's request. You may not use, frame, or utilize framing techniques to enclose any Onboarding Buddy trademark, logo, or other proprietary information, including the images found on the Onboarding Buddy Platform, the content of any text, and the layout/design of any page or form contained on a page without Onboarding Buddy's express written consent.
8. You will not:
(a) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Onboarding Buddy Platform or “frame” or “mirror” any part of the Onboarding Buddy Platform;
(b) use code or other devices containing any reference to any part of the Onboarding Buddy Platform to direct other persons to any other web page;
(c) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Onboarding Buddy Platform or cause any other person to do so;
(d) create derivative works of the Onboarding Buddy Platform or make the functionality of the Onboarding Buddy Platformavailable to multiple users through any means;
(e) solicit another user's password or other account information, or harvest user names, addresses, or email addresses for any purpose; or
(f) use the Onboarding Buddy Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
9. Your use of the Onboarding Buddy Platform may be subject to posted limitations on usage, reproduction and/or dissemination. Onboarding Buddy retains the right to create and/or change limits on use and storage at its sole discretion ay any time with or without notice. You are responsible for adhering to such limitations.
10.You agree that Onboarding Buddy has no responsibility or liability for the deletion of or the failure to store or to transmit any Content and you are solely responsible for creating backup copies of and replacing any Content you post or store on your Site at your sole cost and expense.
C. Visitors to the Onboarding Buddy Platform
1. The Onboarding Buddy Platform may publish information, content or advertising provided by third parties. Onboarding Buddy does not accept liability for any information provided by any third party through the Onboarding Buddy Platform, or in relation to any third party products or services. By featuring such material Onboarding Buddy does not endorse or recommend the third party or its products or services. Onboarding Buddy is not responsible for the content on any external websites which may be linked to the Onboarding Buddy Platform.
2. Material available through the Onboarding Buddy Platform has not been reviewed, verified or authenticated by Onboarding Buddy, and may include inaccuracies or false information. Onboarding Buddy make no representations, warranties, or guarantees in connection with the Onboarding Buddy Platform or material published, relating to the quality, suitability, truth, accuracy or completeness.
3. Material published by means of the Onboarding Buddy Platform is provided as general information for the purposes of interest, entertainment and education only. This material is not a substitute for professional advice and must not be relied upon as such. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any such material.
4. The internet operates across insecure, public networks. You assume all risks associated with use of the Website, including risk of your computer, software or data being damaged by any virus, disabling codes, worms or other devices and defects which might be transmitted or activated via the website, or your access to it or the downloading of files from the Website.
5. The Onboarding Buddy Platform may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Onboarding Buddy Platform: (i) attempt to access or search the Onboarding Buddy Platform or download content from the the Onboarding Buddy Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Onboarding Buddy Platform, computer systems, or the technical delivery systems of providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Onboarding Buddy Platform to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Onboarding Buddy Platform for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing.
6. To the maximum extent permitted by law, Onboarding Buddy (and its directors and employees) exclude all liability to any person arising directly or indirectly from using the Onboarding Buddy Platform and any information or material available from it.
D. Intellectual Property Rights
1. Onboarding Buddy does not claim ownership of the Content you place on your Site. All intellectual property rights (including copyright) you hold in this Content are retained by you, subject to the rights granted to Onboarding Buddy in these Terms.
2. By submitting Content to Onboarding Buddy for inclusion on your Site, you grant Onboarding Buddy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Site, and maintaining your Site. If you delete Content, Onboarding Buddy will use reasonable efforts to remove it from the Onboarding Buddy Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
3. Onboarding Buddy may:
(a) reproduce, edit, alter, communicate, publish and use excerpts from your Content for the purpose of promoting and advertising the Onboarding Buddy Platform; and
(b) reproduce, edit, alter and otherwise deal with your Content for the purpose of maintaining, upgrading, operating and administering the Onboarding Buddy Platform.
4. Except where specified otherwise, copyright in all text, images, content and designs incorporated in the Onboarding Buddy Platform is held and reserved by Onboarding Buddy. You must not download, copy, post, alter, edit, manipulate, republish or communicate such material, except in accordance with these terms or with any express consent granted by Onboarding Buddy.
5. All rights in the logos, brands, trade marks, and service marks featured on the website are reserved by Onboarding Buddy, and may not be used or reproduced except with Onboarding Buddy‘s written consent.
6. You acknowledge and agree that the Onboarding Buddy Platform and any necessary software used in connection with the Onboarding Buddy Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Onboarding Buddy or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Onboarding Buddy Platform or any Onboarding Buddy software, in whole or in part.
7. If you believe that material located on or linked to by the Onboarding Buddy Platform violates your copyright, you are encouraged to notify Onboarding Buddy. Onboarding Buddy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Onboarding Buddy will terminate a visitor’s access to and use of the Onboarding Buddy Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Onboarding Buddy or others. In the case of such termination, Onboarding Buddy will have no obligation to provide a refund of any amounts previously paid to Onboarding Buddy.
E. Fees and Charges
1. The basic Onboarding Buddy Platform package is offered, at the sole discretion of Onboarding Buddy, free of charge. Onboarding Buddy reserves the right to charge for upgrades and for advanced features such as domain hosting, ad-free service and extra storage.
2. Except as may be separately agreed with you, Onboarding Buddy may, at some point, include advertisements on your Site, which may be targeted to your Content, or from other information. The types and extent of advertising on the Onboarding Buddy Platform are also subject to change over time.
3. All invoices issued by Onboarding Buddy are payable within seven days. Where invoices are outstanding Onboarding Buddy may:
(a) suspend provision of the Onboarding Buddy Platform until invoices are paid in full; and
(b) charge interest on any outstanding amounts, calculated daily at the rate 2% higher than the overdraft rate charged at that time by the bank where Onboarding Buddy maintains its accounts.
4. All charges under these Terms are exclusive of Goods and Services Tax. GST will be added to each invoice and will be payable by you.
5. You will not be entitled to a refund of any fees paid to Onboarding Buddy if, for any reason, Onboarding Buddy takes corrective action with respect to your improper or illegal use of the Onboarding Buddy Platform.
F. Termination and other Rights of Onboarding Buddy
1. Without limiting any of your representations or undertakings, Onboarding Buddy has the right (though not the obligation) to, in Onboarding Buddy’s sole discretion (i) review, modify, reformat, reject, disable access to, or remove any Content, keywords or other material that, in Onboarding Buddy’s reasonable opinion, violates these terms or any Onboarding Buddy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site or Onboarding Buddy Platform to any individual or entity for any reason, in Onboarding Buddy’s sole discretion. Onboarding Buddy will have no obligation to provide a refund of any amounts previously paid.
2. Onboarding Buddy reserves the right to display attribution links such as ‘at Onboarding Buddy.net,’ theme author, and font attribution in your Site footer or toolbar. Footer credits and the Onboarding Buddy.net toolbar may not be removed.
3. Onboarding Buddy reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Onboarding Buddy Platform that violates these Terms.
4. Onboarding Buddy may terminate your access to all or any part of the Onboarding Buddy Platform at any time, with or without cause, with or without notice, effective immediately, including (without limitation) for any breach of these Terms. If you wish to terminate this Agreement or your Account, you may simply discontinue using the Onboarding Buddy Platform.
5. Onboarding Buddy may review your Account for excessive space and bandwidth utilization and to terminate or apply additional fees if it exceeds allowed levels.
6. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Onboarding Buddy reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Onboarding Buddy Platform following the posting of any changes to these Terms constitutes acceptance of those changes. Onboarding Buddy may also, in the future, offer new services and/or features through the Onboarding Buddy Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.
G. Liability
1. Any condition or warranty which would otherwise be implied in respect of your use of the Onboarding Buddy Platform is hereby excluded.
2. Where legislation implies any condition or warranty, and prohibits provisions excluding or modifying the liability of Onboarding Buddy under such condition or warranty, the condition or warranty will be deemed to be included in these Terms, however the liability of Onboarding Buddy for any breach of such condition or warranty, will be limited, at the option of Onboarding Buddy to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
3. You acknowledge that you use the Onboarding Buddy Platform at your own risk. You hereby release Onboarding Buddy (and its employees, officers, agents and contractors) from liability for any losses, damages, claims or expenses arising from your use of the Onboarding Buddy Platform.
4. Neither Onboarding Buddy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
5. You agree to indemnify and hold harmless Onboarding Buddy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Onboarding Buddy Platform, including but not limited to your violation of these Terms.
H. GENERAL
1. Any provision of these Terms which is prohibited or unenforceable in whole or in part is ineffective only to the extent of the prohibition or unenforceability. This does not invalidate the remaining parts of the relevant provisions or the other provisions of this agreement.
2. A waiver by Onboarding Buddy of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
3. You may assign your rights under these Terms to any party that consents to, and agrees to be bound by, its terms and conditions; Onboarding Buddy may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
4. This Agreement will be governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
Notifications
If you have any questions, concerns or complaints about the Website or these Terms and Conditions, please contact:
Architected Pty Ltd