TERMS OF SERVICE
(End User Licence Agreement)
1. About iSkor
The services, website, software and systems made available through the website "iSkor.com", related websites and other platforms (collectively "Services") are provided by iSkor Pty Limited ACN 161 448 460 ("iSkor", "we", "us" or "our") of Level 9, 99 York Street, Sydney, New South Wales, 2000, Australia.
We provide users including visitors browsing content ("you" or "your") with the Services subject to these Terms of Service ("Terms") which govern your access to and use of the Services.
"Terms" means this document and includes each of the iSkor policies referred to below ("Policies").
Please read these Terms carefully. If you have any questions about our Services or these Terms, please contact us.
2. Agreement
By accessing or using any of the Services, you agree:
- to comply with and be bound by these Terms; and
- that all communications in respect of the Services will be conducted in the English language.
If you do not agree with these Terms, you are not authorised to use or access the Services.
3. Using iSkor
3.1.Eligibility
You may use the Services only if you have the legal capacity to enter into a binding agreement with us in accordance with these Terms and the Applicable Law. Our Services may only be used by persons who can form legally binding agreements under Applicable Law. By using or accessing the Services, you represent and warrant that the registration information you submit is truthful and accurate, you are over 18 years of age or, if not, have the consent of a parent or guardian to use the Services and your use of the Services will not breach Applicable Law.
If you are under 18 years of age, you must not access or use the Services including applying for an iSkor account without first obtaining the consent of a parent or legal guardian. Information about supervising and controlling children's access to internet content as well as other information about internet regulation can be found at http://www.commsalliance.com.au/Activities/ispi/guide_for_consumers. Parental control protections for computers and mobile devices are available that may assist you in limiting access to material that is harmful to minors. Other information about protecting children online can be found at: http://www.onguardonline.gov/topics/protect-kids-online.
3.2.iSkor Account
When you create an iSkor account, you must provide accurate and complete information. If you create an iSkor account on behalf of a company, organization or other entity, "you" will be deemed to mean you and that entity. By creating an iSkor account, you represent and warrant to iSkor that you are authorized to bind yourself and any relevant entity, if applicable, to these Terms and do so.
You may not have more than one iSkor account unless authorized in writing by us.
3.3.iSkor License
iSkor grants you a limited, non-exclusive, non-transferable and revocable license to use the Services conditional upon your your agreement to and compliance with these Terms and the Policies.
3.4.iSkor Updates
You agree that iSkor may automatically update the Services from time to time and that these Terms will apply to updated Services. iSkor may send you messages or other information in relation to the Services. You may opt out of some of these communications.
4. iSkor Policies
The following policies and documents ("Policies") are incorporated into these Terms and you agree to be bound by and strictly observe each of these Policies:
Acceptable Use Policy which is available here <Acceptable Use Policy>
Privacy Policy which is available here <Privacy Policy>
Copyright Policy which is available here <Copyright Policy>
5. Content
5.1.Your Obligations
iSkor provides an open, creative and positive place for you and other users of iSkor to express opinion, communicate, share views, comments and much more. So that everyone can enjoy these benefits, it is important that you strictly observe the Policies.
iSkor respects the rights of third party creators and content owners and expects you to do the same. When using the Services, you expressly agree and acknowledge that you will not post or upload to or otherwise publish or transmit any User Content which violates the Applicable Law or infringes the rights (including intellectual property rights) of any third party. You agree to strictly observe the <Copyright Policy>.
Except as expressly set out in these Terms, you agree not to use, modify, publish, reproduce, distribute, sell, license or otherwise use the Services contrary to Applicable Law.
5.2.Ownership
iSkor allows you to post and upload content including photos, images, ratings, opinion, comments and other materials using the Services. Anything you post, upload or otherwise make available on or through the Services is referred to as "User Content". You must not infringe the copyright or moral rights of owners of User Content. To the extent you post User Content in which you have copyright, you retain all rights in, and are solely responsible for that User Content posted or uploaded to or published on or through iSkor. You are responsible for User Content, ratings and comments you post using iSkor.
5.3.Use
You grant iSkor and its users a non-exclusive, royalty-free, transferable, licensable, worldwide license to use, store, display, reproduce, publish, modify, create derivative works, perform and distribute your User Content on iSkor solely for the purposes of operating, developing, providing and using the Services. Nothing in these Terms restricts any other legal right iSkor may have to User Content.
5.4. Content in breach of the Acceptable Use Policy
You agree that iSkor will have the right, in its absolute discretion, to remove content which is offensive, pornographic or does not comply with the iSkor Acceptable Use Policy. Content not complying with the Acceptable Use Policy including unacceptable, objectionable or offensive content ("Inappropriate Content") will be removed within 24 hours of iSkor becoming aware of such content. iSkor also reserves the right to terminate the account of any user posting Inappropriate Content.
5.5.Retention
iSkor may retain User Content for a commercially reasonable period for statistical, analytical, backup, archival or auditing purposes. iSkor and its users may also retain and continue to use, store, display, reproduce, publish, modify, create derivative works, perform and distribute any of your User Content that iSkor or users of iSkor have stored, published, viewed or shared through the Services even after termination of your account or your removal of User Content from the Services.
6. Your Comments
We value your opinions including your opinions about us. We also value the right of our users to express their opinion freely in accordance with the http://www.iskor.com/iskor-philosophy and Applicable Law. iSkor would like to have your views about ways we can make iSkor more effective and user friendly. If you have any comments or ideas about iSkor, please feel free to contact us. You agree that iSkor may use your comments and ideas without restriction or charge.
7. Your Security
iSkor cares about the security of our users and information. While we work to protect the security of User Content and iSkor account information, iSkor cannot guarantee that unauthorized persons will not compromise our security systems.
Our Services may have links to third-party websites, services or content not owned or controlled by iSkor. We do not endorse, warrant or assume any responsibility for any third-party website, service or content. If you access a third party website, service or content from the Services, you do so at your own risk and you expressly agree that iSkor will not be liable for any loss or damage from your use of or access to a third-party website, service or content.
Please contact us immediately if you believe there has been any compromise or unauthorized use of your iSkor account or User Content.
8. Liability
8.1.Disclaimer
iSkor's Services and all content are provided on an "as is" basis and, to the extent permitted under Applicable Law, are provided without any representation or warranty to you of any kind, whether express or implied.
iSkor will not be responsible and will have no liability for User Content that you or any other iSkor user or third party uploads, transmits, posts or publishes using the Services. You acknowledge and agree that by using the Services you may be exposed to content that is inaccurate, incomplete, objectionable, inappropriate for children or otherwise unsuited to your purposes and, if you become aware of such content, you agree to notify iSkor.
8.2.Limitation
To the extent permitted under Applicable Law, iSkor will not be liable for any direct, indirect, incidental, special, consequential or punitive damages or loss (including loss of profit or income), loss of data, use, goodwill, opportunity or otherwise arising from or related to:
If, despite this clause, we are held to be liable to you by a court of law under the Applicable Law, you expressly agree with iSkor that the maximum aggregate liability of iSkor to you will be ten Australian dollars (AUD10.00).
8.3.Indemnity
In consideration of your access and use of the Services and for other good and valuable consideration, you agree to indemnify, keep indemnified and hold harmless iSkor and its officers, directors, employees, related companies, affiliates and agents from and against any liability, claim, suit, proceeding, dispute, demand, damage or loss (whether actual, special or consequential), cost and expense (including legal and accounting costs on an indemnity basis) suffered or incurred by iSkor related to or arising out of your use of the Services, information you provide to us, your User Content, any breach of these Terms or any of the Policies or your violation of any law or the rights of a third party.
8.4.Inalienable Rights
Nothing in these Terms is intended to limit or exclude any liability on the part of iSkor to the extent that an Applicable Law prohibits such exclusion or limitation. This includes rights you may have as a consumer under Applicable Law which are mandated and cannot be excluded.
9. Disputes
In respect of any dispute you have with us, you agree to first
10. Termination
iSkor may, at any time without cause or notice to you, terminate or suspend your license to use the Services. After termination or suspension of your right to use the Services, you agree to continue to be bound by each term of these Terms which is expressed or intended to continue after termination or suspension of your license to use the Services.
11. Applicable Law
These Terms are governed in all respects by the laws of the State of New South Wales, Australia ("Applicable Law"). As a user of the Services you irrevocably submit to and agree to be bound by the non-exclusive jurisdiction of the courts of New South Wales, Australia and further agree to have all litigation in respect of any claim or dispute between you and us determined by those courts.
12. About these Terms
iSkor may amend the terms of these Terms and any Policies from time to time. Amended terms will be notified on iSkor's website and will automatically become effective 14 days after they are initially notified on the website. If you do not agree with any such amendment, you must cease using the Services and request that we terminate your account. If, after amendment of these Terms or any of the Policies, you continue to use the Services, you will be deemed to have accepted the Terms and Policies as amended.
A reference to "you" and "your" includes anyone acting on your behalf or with your express or implied authority.
Clauses 3 to 9 inclusive of these Terms will survive any termination of these Terms and continue for our benefit.
The individual provisions of these Terms are severable. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed removed and the remaining provisions will continue to be operative.
Our failure to act with respect to a breach by you or any other person of these Terms or any of the Policies does not waive our right to act with respect to subsequent or similar breaches.
You agree that the benefit of these Terms, or any right under them, may be assigned by us.
Effective Date: 1 January 2015
© iSkor 2015