Terms of service
COPYRIGHT IN WEBSITE MATERIAL
All of the material on and in relation to the website is and remains the property of UbiBot Australia at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of UbiBot Australia's copyright and other proprietary rights. You may copy and email our webpage URL's to your family and friends for private and non-commercial purposes.
INTELLECTUAL PROPERTY
UbiBot Australia is the owner or authorised user of all intellectual property in and associated with the website. UbiBot Australia is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.
You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, associated with the website.
ADVERTISING
This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by UbiBot Australia. UbiBot Australia does not control the content of and is not responsible for the advertisements. UbiBot Australia will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.
USERNAMES AND PASSWORDS
If UbiBot Australia authorises you to register for or otherwise use online shopping, then you must keep your username and password (if any) confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).
ONLINE SHOPPING
Once registered you will be entitled to shop online and purchase products securely with your valid credit card or such other payment methods authorised by us from time to time. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
PRODUCT DISCLAIMERS
Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary from what is displayed on your computer monitor and may vary from monitor to monitor and device to device.
Although listed on the website, some items, sizes, colours and styles might not be immediately available or might be temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.
PRICES
All references to $ and dollars on the website are to Australian currency. All prices were current* at the time of publication on the website and are inclusive of GST.
* While we make every endeavour to ensure the accuracy of our website pricing, in the event of system based or human pricing errors if you acquire a product at the incorrect price we will advise you as soon as possible and we reserve the right to cancel the transaction/your order and refund the mistaken purchase price to you.
CONTENT
"Content"" means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos.
"Disseminate"" means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.
From time to time you might be entitled to create and upload Content to be stored on the UbiBot Australia website provided that:
a. The Content will be your original work.
b. You will not copy, plagiarise, reproduce or otherwise Disseminate the work of any other person.
c. The Content will not infringe the intellectual property rights of any third party.
d. The Content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube and
e. You adhere to these Terms.
You grant UbiBot Australia the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the UbiBot Australia website or via such other medium or channel as determined by UbiBot Australia from time to time.
You will at all relevant times remain the exclusive owner of the Content that you create and upload to our website.
UbiBot Australia has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.
You waive the following Moral Right's in respect of the Content that you create and upload:
a. The right to attribution of authorship as defined in the Copyright Act 1968, and
b. The right of integrity of authorship as defined in the Copyright Act 1968, and
c. The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.
This section headed ""Content"" survives the termination of these Terms.
Restrictions on use
You must not use the UbiBot Australia website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:
a. the Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material.
b. the impersonation or theft of another person's identity or falsely state or otherwise misrepresent your affiliation with a person, including UbiBot Australia.
c. the creation or Dissemination of false or alias identities.
d. to harass, threaten, stalk or otherwise communicate with any person against their will.
e. to vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics.
f. the Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the UbiBot Australia website, whichever is younger.
g. to defame, slander or libel any person.
h. for the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities.
i. for the purpose of phishing.
j. for the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means.
k. to Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights any person.
l. to Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable.
You must not:
a. copy, or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the UbiBot Australia website by other people.
b. commercialise all or part of the UbiBot Australia website.
c. use the UbiBot Australia website or upload Content to promote, market, distribute or sell any goods or services.
d. make any adaptation, modification or derivative work of the other people's Content.
e. sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms.
f. use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to:
i. disable, damage, disrupt or disassemble all or part of the UbiBot Australia website, or
ii. communicate or seek to communicate with persons using the UbiBot Australia website.
Disclaimer
You are entitled to statutory consumer guarantees under the Australian Consumer Law. UbiBot Australia does not exclude or limit those consumer guarantees.
UbiBot Australia makes no warranty or guarantee regarding:
a. your use of the website or any material on the website.
b. your ability to access or use the website or any material on the website at any time.
c. the loss or modification of information or material transmitted to or from the website.
d. the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted.
e. the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website.
f. the products displayed on the website being available at any time.
If UbiBot Australia breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of UbiBot Australia for a breach of the applicable term, condition or warranty is limited to, at the election of UbiBot Australia:
1. the resupply of the relevant product, advice, service, recommendation or information, or
2. the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.
INDEMNITY
You agree to indemnify, defend and hold harmless UbiBot Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You indemnify UbiBot Australia, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
ALERTS AND MONITORING SERVICE DISCLAIMER
Disclaimers: (1)UbiBot provides alerts to aid users. UbiBot shall not be liable for accuracy, usefulness or availability of data transmitted via the service. Users are solely responsible for damages to persons or property by service use. (2)Customers may be unable to receive email messaging or data service, please go your spam folder and check.
LIMITATION OF DAMAGES;RELEASE
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall UbiBot Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
PRIVACY
Any personally identifiable information that you submit through or in relation to the website is collected and used by UbiBot Australia in accordance with its Privacy Policy. You can review the Privacy Policy here: https://ubibot.com.au/policies/privacy-policy
CHANGES TO THE WEBSITE AND YOUR ACCESS
Without prior notice to you and in its absolute discretion, UbiBot Australia reserves the right to:
a. vary or discontinue the website or any page of the website at any time, and
b. suspend or terminate your access to part or all of the website at any time,
and UbiBot Australia is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.
SEVERANCE OF CLAUSES
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
ENTIRE AGREEMENT
The failure of UbiBot Australia to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by UbiBot Australia on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Australia.
CHANGES TO THE TERMS
UbiBot Australia reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website but will not apply retrospectively or to any of your then current orders. You should review this page regularly to ensure that you are aware of any changes to the Terms.