Terms of Service

Last updated: 22 February 2022

DISCLAIMER

The Information provided by Thread Integrations ("we", "us", or "our") on https://www.threadintegrations.com.au and any and all of our subdomains (e.g. stopwatch.threadintegrations.com.au, utilities.threadintegrations.com.au) (the "Site" / "Sites") is for general information purposes only. All information on the Sites is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Sites. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITES OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITES. YOUR USE OF THE SITES AND YOUR RELIANCE ON ANY INFORMATION ON THE SITES IS SOLELY AT YOUR OWN RISK.

These Terms of Service / Terms of Use and our Privacy Policy govern your access to and use of all products, services and websites managed by Thread Integrations.

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Thread Integrations ("we", "us", or “our”), concerning your access to and use of the [1] https://www.threadintegrations.com.au, [2] https://stopwatch.threadintegrations.com.au and/or [3] https://utilities.threadintegrations.com.au websites websites (our "Websites") as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site" / "Sites"). We are registered in Australia and have our registered office at a private residence in Brisbane, Queensland 4054. You agree that by accessing our Sites, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on our Sites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use one of our Sites so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on our Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Sites are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, our Sites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use our Sites, you are granted a limited license to access and use the given Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using our Sites, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use our Sites for any illegal or unauthorized purpose; and (7) your use of our Sites will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Sites (or any portion thereof).

4. SITE / SERVICE USER REGISTRATION & NOMINATION

You may be required to register to use our Sites and/or Services.

i. If you nominate additional users of our Services, by submitting their email address(es), you acknowledge that you have been given permission by each email address owner to do so. We will use nominated user email addresses as part of the delivery of our Services only (i.e. we will never share these email addresses with any third parties and we will never use them for marketing purposes).

ii. If you have nominated more Service users than allowed by your current subscription plan, we will only allow Service usage access for the maximum number of users allowed by your current subscription plan (based on the chronological order in which the users have been nominated).

iii. If you need to change your nominated Service users, please get in touch by email: zach@threadintegrations.com.au.

5. TERMS SPECIFIC TO OUR "StopWatch for HubSpot" SERVICE

i. In order to use our Service "StopWatch for HubSpot", your HubSpot account(s) must have access to HubSpot's Custom Objects feature. This feature is not available to all HubSpot users. By subscribing to one of our paid "StopWatch for HubSpot" Services, you acknowledge your understanding that "StopWatch for HubSpot" will only work as long as your HubSpot account(s) has/have access to HubSpot's "Custom Objects" functionality. If your HubSpot account loses access to "Custom Objects" at any time (regardless of whether or not you have a valid paid StopWatch subscription), you acknowledge and understand that our "StopWatch for HubSpot" Service will no longer be able to operate, as it requires this HubSpot feature. Note that no refunds will be issued by Thread Integrations in the case one of our customer's loses access to HubSpot's "Custom Objects" feature. Please refer to the "Payment & Subscription Terms" section below for more information regarding our refund policies.

Payments & Subscriptions

ii. A valid credit/debit card is required by our third-party payment provider (Stripe) for paid Service subscription levels (e.g. "StopWatch Unlimited"). A credit/debit card is not required to create or use an unpaid/free Service subscription level (e.g. "StopWatch Free"). All subscription fees are inclusive of all taxes or duties imposed by governing authorities. The application of all taxes or duties is handled automatically (based on credit/debit card billing address details) by our third-party payment provider, Stripe.

iii. StopWatch for HubSpot "Unlimited" Service Subscriptions (Options: Monthly OR Yearly): A valid credit/debit card is required by our third-party payment provider (Stripe) for you to continue using the Services. The Services are billed in advance on a monthly OR yearly basis (depending on your opted subscription level) and are non-refundable. There will be no refunds or credits for partial months/years, for subscription Service upgrades or downgrades, or for months/years unused with an open subscription Service.

iv. We reserve the right to change subscription Service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to the StopWatch for HubSpot website (stopwatch.threadintegrations.com.au) or by email.

iv. Unpaid/free Services are provided to you without charge up to certain limits as described in the relevant documentation. You hereby acknowledge that usage over these limits requires payment from you for the relevant product / subscription plan. You agree that we may, in our sole discretion and for any or no reason, terminate your access to any of our unpaid/free Services or any part thereof. You agree that any termination of your access to the unpaid/free Services may be without prior notice, and you agree that we will not be liable to you or any third party for such termination. We may change the limits that apply to your use of the unpaid/free Services at any time in our sole discretion without prior notice, regardless of whether or not these are used in conjunction with any other Services for which you pay us a fee. We may make changes to the unpaid/free Services that materially reduce the functionality provided to you.

6. TERMS SPECIFIC TO OUR "Utilities for HubSpot" SERVICE

i. In order to use some of the features offered by our Service "Utilities for HubSpot", your HubSpot account(s) must have access to HubSpot's automation 'workflows' feature. This feature is not available to all HubSpot users. By subscribing to one of our paid "Utilities for HubSpot" Services, you acknowledge your understanding that certain features of "Utilities for HubSpot" will only work as long as your HubSpot account(s) has/have access to HubSpot's "workflows" functionality. If your HubSpot account loses access to "workflows" at any time (regardless of whether or not you have a valid paid Utilities subscription), you acknowledge and understand that certain features of our "Utilities for HubSpot" Service will no longer be able to operate, as it requires this HubSpot feature. Note that no refunds will be issued by Thread Integrations in the case one of our customer's loses access to HubSpot's "Workflows" feature. Please refer to the "Payment & Subscription Terms" section below for more information regarding our refund policies.

Payments & Subscriptions

ii. A valid credit/debit card is required by our third-party payment provider (Stripe) for paid Service subscription levels (e.g. "Utilities Unlimited"). All subscription fees are inclusive of all taxes or duties imposed by governing authorities. The application of all taxes or duties is handled automatically (based on credit/debit card billing address details) by our third-party payment provider, Stripe.

iii. Utilities for HubSpot "Unlimited" Service Subscriptions (Options: Monthly OR Yearly): A valid credit/debit card is required by our third-party payment provider (Stripe) for you to continue using the Services. The Services are billed in advance on a monthly OR yearly basis (depending on your opted subscription level) and are non-refundable. There will be no refunds or credits for partial months/years, for subscription Service upgrades or downgrades, or for months/years unused with an open subscription Service.

iv. We reserve the right to change subscription Service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to the Utilities for HubSpot website (utilities.threadintegrations.com.au) or by email.

v. It is possible to install the Utilities for HubSpot app without having a valid paid subscription. However, all features offered by the Utilities for HubSpot app require a paid subscription. Without a valid paid subscription to Utilities for HubSpot, no features will be made available to the relevant HubSpot portal.

7. PROHIBITED ACTIVITIES

You may not access or use our Sites for any purpose other than that for which we make our Sites available. Our Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of our Sites, you agree not to:

Systematically retrieve data or other content from our Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of our Sites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Sites and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Sites.

Use any information obtained from our Sites in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use our Sites in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to our Sites.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Sites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Sites.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on our Sites or the networks or services connected to our Sites.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Sites to you.

Attempt to bypass any measures of our Sites designed to prevent or restrict access to our Sites, or any portion of our Sites.

Copy or adapt our Sites’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Sites.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Sites, or using or launching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on our Sites.

Make any unauthorized use of our Sites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use our Sites as part of any effort to compete with us or otherwise use our Sites and/or the Content for any revenue-generating endeavor or commercial enterprise.

8. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Sites ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

9. THIRD-PARTY WEBSITE AND CONTENT

Our Sites may contain (or you may be sent via our Sites) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through our Sites or any Third-Party Content posted on, available through, or installed from our Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave our Sites and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Sites or relating to any applications you use or install from our Sites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

10. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor our Sites for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of our Sites.

11. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.threadintegrations.com.au/privacy. By using our Sites, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

12. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use our Sites. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF our Sites (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR SITES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You alone are solely responsible for the cancellation of any paid Service subscription. You may cancel your Service subscription at any time by email: zach@threadintegrations.com.au. You will not be charged after cancellation. There is no cancellation fee.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of our Sites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Sites without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Sites.

We cannot guarantee our Sites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Sites, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Sites at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Sites during any downtime or discontinuance of our Sites. Nothing in these Terms of Use will be construed to obligate us to maintain and support our Sites or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These Terms shall be governed by and defined following the laws of Australia. Thread Integrations and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be 1. The seat, or legal place, of arbitration shall be Brisbane, Australia. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Australia.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. CORRECTIONS

There may be information on our Sites that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Sites at any time, without prior notice.

17. DISCLAIMER

OUR SITES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SITES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SITES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SITES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000 AUD (ONE THOUSAND AUSTRALIAN DOLLARS ONLY). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our Sites; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our Sites with whom you connected via our Sites. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to our Sites for the purpose of managing the performance of our Sites, as well as data relating to your use of our Sites. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Sites. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

To request the deletion of all data associated with any previous Service usage and/or subscription details (whether on a paid or unpaid subscription level), please make such a request by email: zach@threadintegrations.com.au. Any deleted data cannot be recovered once your request has been acted upon, which we commit to doing as quickly as possible. We retain the right to delete data provided to us by you at our sole discretion.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Sites, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA our Sites. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

23. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on our Sites or in respect to our Sites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our Sites. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

24. CONTACT US

In order to resolve a complaint regarding our Sites or to receive further information regarding use of our Sites, please contact us via email at: zach@threadintegrations.com.au

The content on this page was created with the help of Termly's Disclaimer Generator and Termly's Terms and Conditions Generator.