Terms and Conditions
VUMI® Terms and Conditions of Use
These terms and conditions apply to the use of the VUMI® application and the VUMI® web site, including the purchase of any service offered over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site or any services offered from it. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the VUMI® application, the VUMI® web site and associated services including the VUMI® Privacy Policy.
Terminology
In these terms and conditions, the expressions we, us, our and VUMI® are a reference to VUMI® Pty Ltd. We have organized the elements of our Terms and Conditions of Use in sections. If after reading through these Terms and Conditions you still have questions, please feel free to contact us using the details set out at the end of this document.
VUMI® End User Licence Agreement
The terms and conditions in this agreement will govern your access to VUMI®. VUMI® grants to the User a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. At all times, the ownership rights remain with VUMI® or its third party suppliers, as the case may be.
VUMI® Free Services
VUMI® provides a free service which includes an ePortfolio tool, content management system and storage. VUMI® does not provide support to Free Users. Users can create ePortfolios using the application but cannot distribute content to email addresses using a Free membership. The User acknowledges that VUMI® does not create or publish any content for the User. VUMI® retains its right to cancel and delete an account if the User violates any of the policies explicitly published in 'Terms & Conditions' or the VUMI® 'Privacy Policy'. VUMI® disclaims all copyright and other rights in such content and all responsibility for them.
VUMI® specifically disclaims liability for direct, consequential or incidental damages arising from copyright violations.
VUMI® Premium Services
VUMI® provides Premium services which include an ePortfolio tool, content management system, tracking and storage. VUMI® also provide support to Premium Users. Users can create and send information using the application to distribute content provided by the User to a list of email addresses also supplied by the User. The User acknowledges that VUMI® does not create or publish any content for the User. The User further recognizes that VUMI® does not rent or sell email lists. VUMI® retains its right to cancel and delete an account if the User violates any of the policies explicitly published in 'Terms & Conditions' or the VUMI® 'Privacy Policy'. VUMI® disclaims all copyright and other rights in such content and all responsibility for them. VUMI® specifically disclaims liability for direct, consequential or incidental damages arising from copyright violations.
By posting an email using VUMI®, the User warrants that the content is true, and that the User will indemnify VUMI® against any and all, direct, indirect or consequential claims and alleged claims that may arise from User's use of the services.
Eligibility
Our VUMI® ePortfolio services are available to individuals as well as corporations and other organisations capable of legally binding contracts under applicable law. If you do not meet the criteria, please do not attempt to use the services. The User acknowledges to provide true, accurate, current information about yourself as requested by the sign up, registration or billing process. VUMI® may refuse to offer services to any person and may change the criteria for eligibility, at any time, and is subject to its sole discretion.
VUMI® holds the right to terminate an account without refund and your rights to use the Services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or is incomplete.
Your obligations regarding copyright
All files and content you upload to VUMI® are subject to Australian law.
YOU ARE RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE PERMISSION TO REPRODUCE AND PUBLISH ANY WORK THAT IS NOT YOUR OWN.
Description of Services
You understand and agree that the service is provided "AS-IS" and that VUMI® assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
VUMI® provides its Users access to its various resources as agreed in the terms and conditions while a current member. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new VUMI® features shall be subject to the 'Terms and Conditions'.
You are responsible for obtaining access to the VUMI® account by paying fees as specified or agreed upon and that access to the internet may involve third party (Internet Service Provider). In addition, you must provide and are responsible for all equipment necessary to access the service.
Artifact verifiers
The process of verifying an artifact relies on contact being possible with the verifying person by recipients of ePortfolios into the future. A verifier must agree to these Terms and Conditions. By verifying an artifact the verifier agrees that they can be contacted by future recipients of ePortfolio mail-outs wishing to confirm details of their relationship with the member and more about the item involved. A verifier can opt-out at any time.
Commercial Use Limitation
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Modification to the Services
VUMI® reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice to the User and is not obligated to support or update the Services.
Change in Terms and Conditions
VUMI® may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the service, following the posting date of changes by VUMI®, it will be assumed that the User agrees to be bound by the amended Agreement.
User Account, Password, and Security
VUMI® requires you to open an account by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur during the use of services. You agree to notify VUMI® immediately of any unauthorized use of your account or breach of security. VUMI® will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by VUMI® or its affiliates due to misuse of your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Use and Storage
VUMI® will store user information, content, contact lists, emails, activity statistics, reports and other information in its databases for the User. However, VUMI® has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Services. At any time, VUMI® may decide that User information can no longer be stored by it if VUMI® deems it to be inappropriate following the issuing of a warning. You have the right to appeal in writing within 14 days after which VUMI®’s decision is final.
Prohibited Content
You are prohibited from posting or transmitting to or from this Service any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Charges for Services
VUMI® services are charged according to the Membership selected and agreed upon by the User. Pricing may vary at any time based on changes to fee schedules. All prices are in AU dollars and include GST unless otherwise stated. The User is responsible for reviewing the pricing from time to time and being aware of the fees charged by VUMI®.
Refund
Cancellation of service will not constitute a refund of fees paid prior to cancellation. Lack of due diligence on the Users behalf will not be grounds for a refund.
Termination
This Agreement may be terminated by VUMI® at any time; and also by the User upon prior written or email notice to VUMI®. The termination of the Agreement by either party will not affect the User obligation to pay the charges incurred for services consumed.
Ownership of Proprietary Information
The User acknowledges and agrees that the VUMI® logo, trade name and services are the property of VUMI®. VUMI® resellers and affiliate logos and trade names remain the property of the respective owners.
The User also recognizes that VUMI® owns and/or has all requisite rights in and to any software necessary to provide the Services under this Agreement.
The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Services, the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of VUMI®.
Other Services Offered
From time to time, VUMI® will provide other services eg searchable data bases linked to ePortfolio services and users. These searchable databases are administered by independent third parties from VUMI® for specific purposes by the third parties. VUMI® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE THIRD PARTY SERVICE, INFORMATION OR PRODUCTS.
UNDER NO CIRCUMSTANCES, WILL VUMI® BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED BY THE THIRD PARTY. IN PARTICULAR, VUMI® WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF VUMI® SERVICES, ITS WEBSITES OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
VUMI®, AND ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE THIRD PARTY SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO VUMI® WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).
The Third Party will be provided with access to the ePortfolio by a Third Party administrator who may not be employed or appointed by VUMI®. Users of VUMI® agree with the Third party regarding how their information will be accessed, protected and used. Searchers using the data base accept that all information in the searchable database and stored by VUMI® has been supplied by the user and has not been verified by VUMI® or the database administrator. Searchers of the database should visit the user’s ePortfolio and satisfy themselves about the candidate’s claims. Some ePortfolios contain scanned copies of relevant documents and an indication that documents have been verified by an appropriate person or issuing authority.
Where a VUMI® user agrees to the services offered by a Third Party, The user will be bound by the terms and conditions of that Third Party. This may include the user’s details to be searched, added to the database and accessed according to the terms of the service provided by the Third Party.
Disclaimer of Warranties
THE SERVICES AND THE INFORMATION ARE PROVIDED BY VUMI® ON AN "AS IS" BASIS, AND VUMI® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.
UNDER NO CIRCUMSTANCES, WILL VUMI® BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, VUMI® WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF VUMI® SERVICES, ITS WEBSITES OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
VUMI®, AND ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO VUMI® WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).
Acceptance of Terms
The services that VUMI® provides to you are subject to the Terms and Conditions. VUMI® reserves the right to update the 'Terms and Conditions' at any time without notice to you.
Specific Warnings
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
We make no warranty that goods or services acquired from us over this web site will meet your requirements.
Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Governing Law
These terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Contact
VUMI Pty Ltd
P.O. Box 27
Kelvin Grove Qld 4059
Phone: 61 7 3356 0381
-Updated March 2011-