Terms & Conditions

VuePilot Terms & Conditions

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Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
These terms and conditions of use (“Terms of Use”) apply to your access to, and use of, the VuePilot website, located at https://www.vuepilot.com and other associated properties (collectively, the “sites”).

Privacy Policy

Please refer to our Privacy Policy for information on how VuePilot collects, uses and discloses personally identifiable information from its users.

Registration Data / Account Security

In consideration of your use of the sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“Registration Data”); (b) maintain the security of, and not disclose to any third party, your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to VuePilot, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information or content you provide to VuePilot.

Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Access To Account

You accept all risks of unauthorized access to your account and agree that you are solely responsible for maintaining the privacy and secrecy of any passwords used to gain access to your account.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the sites for noncommercial purposes, provided such link does not portray VuePilot or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any VuePilot trademark, logo or other proprietary information, including the images or pages found at the sites, the content of any text or the layout/design of any page or form contained on a page on the sites without VuePilot’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of VuePilot or any third party. VuePilot makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the sites, or Web sites linking to the sites. Such sites are not under the control of VuePilot and VuePilot is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. VuePilot provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by VuePilot of any site or any information contained therein. When you leave the sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the sites.

Payments

The site offers products and services for sale. The site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy. Note that our system keeps track of your customer identification details (but no payment card information) within the external payment processing service so that we may provide automatic renewal of Subscriptions or services.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Subscriptions

Some parts of Service are billed on a Subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“billing cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide VuePilot with accurate and complete billing information including full name, address, state, zip code and a valid payment method information. By submitting such payment information, you automatically authorize VuePilot to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, VuePilot reserves the right to suspend your Subscription which will block access to specific parts of the service

Refunds

Refunds are only available for Contracts within seven (7) days of the original purchase of the Subscription. Please note that all refunds will be minus the applicable transaction fees charged by our payment provider Stripe. These services fees are non-refundable and are charged by Stripe for payment card processing.

Enterprise accounts and manually processed payments are eligible for a maximum of 70% refund of the current subscription payment only.

Fee Changes

VuePilot, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current billing cycle.

VuePilot provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to publicly display, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

The Content you upload to Service for the usage of "apps" is publicly available however shall not be publicly discoverable. It is your responsibility to ensure that any Content uploaded to Service is not of private or sensitive nature and should be considered available to the public.

VuePilot has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of VuePilot or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Error Reporting and Feedback

You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

Bugsnag

Bugsnag is a platform for monitoring and logging stability of applications provided by Bugsnag Inc. Please read their Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/

Breaches Of These Terms Of Service

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website and blocking computers using your IP address from accessing the website.

Termination

Notwithstanding any of these Terms of Use, VuePilot reserves the right, without notice and in its sole discretion, to terminate your license to use the sites, and to block or prevent future your access to and use of the sites.

Site Management

We reserve the right at our sole discretion, to (1) monitor the site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site and Services.

You are responsible for configuring your information technology, computer programs and platform to access the site and you should use your own virus protection software.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. VuePilot makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, VuePilot does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations Of Liability

VuePilot will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if VuePilot has been expressly advised of the potential loss.

We make no warranties or representations about the accuracy or completeness of the site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

Ammendment To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Black Loop Pty Ltd (VuePilot) - ACN 659 634 189

Date of Last Revision: October 5th, 2020