TERMS OF USE

 

Please read these Terms of Use (“Terms”) carefully before using the Connect U Global website or any Connect U Global products and/or services provided to you on, from, or through the Connect U Global website (collectively, the “Service”). By using the Service you agree that you accept these Terms and any policies and guidelines of Connect U Global incorporated herein by reference, including the terms of our privacy policy, please refer to our website.

If you do not accept these Terms or such policies or guidelines, you may not use the service.  We recommend that you store these Terms and our Privacy Policy for your own records.

General

The Service is owned and operated by Connect U Global PTY LTD. (“Connect U Global,” “we,” “our” and “us”). Connect U Global reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this page, such changes to be effective immediately. You should therefore visit this page regularly for changes. If you disagree with any changes made of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted will be considered to be an acceptance of the change thereafter.

Acceptable Use

You are free to use our Service and/ or products in compliance with these Terms and in compliance with applicable laws. You may not use our Services and/ or our products in any way that breaches any applicable local, national or international law or regulation to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. In particular, you must not;

Š      Send, post, upload or otherwise transmit to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic or otherwise objectionable;

Š      Misrepresent your identity in any way;

Š      Collect information about others without consent;

Š      Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with Connect U Global) or distribute spam;

Š      Interfere with the operation of or cause damage to, the Service;

Š      Use any data mining robots or other extraction tools;

Š      Metatag or mirror our website without the prior written permission of Connect U Global; or

Š      Assist or permit any persons in engaging in any of the activities described above.

User- Submitted Information

You are solely responsible for any material you transmit to or through the Service (or to us through email).  You agree, represent and warrant that any information that you transmit to or through the Service (or to us through email or phone services) is in compliance with the acceptable use standards set out in these Terms and is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information, and you will be liable to us and indemnify us for any breach of that warranty. 

Connect U Global has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Service and to remove any content provided by you if, in our opinion, the content does not comply with the acceptable use standards set out in these Terms. You understand that, except as otherwise provided in Connect U Global’s privacy policy, Connect U Global does not guarantee confidentiality with respect to any material you submit to or through the Service. 

Except as expressly provided in Connect U Global’s privacy policy, you give Connect U Global an unrestricted, irrevocable, perpetual, transferable, sublicenable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such material you submit through the Service, without payment or accounting to you or others.  In addition, you waive any so-called ‘moral rights’ in such material. 

For any such content that you submit, you represent and warrant that: (a) you have the right to submit the material to Connect U Global and grant the licenses set forth above; (b) Connect U Global will not need to obtain licenses from any third party or pay royalties to any third party; (c) the material does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the material complies with these Terms and all applicable laws.

Submissions

Connect U Global does not accept or consider unsolicited ideas, concepts or know-how, including ideas for new products or technologies (collectively “Submissions”). You must not transmit any Submissions to or through the Service that you consider to be confidential or proprietary. Any Submissions that you transmit to or through the Service will be considered non-confidential and non-proprietary.

Except as expressly provided in Connect U Global’s privacy policy, you give Connect U Global an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such Submissions, without any payment or accounting to you or others.  In addition, you waive any so-called “moral rights” in any Submissions.

Ownership and Use of the Service

The materials made available on or through the Service are protected by copyright and other intellectual property rights, including all images and information.  Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited.  Connect U Global and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service.  Connect U Global and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.

Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to do any of the following on a revocable, non-exclusive, non-transferable basis:

Š       Use the functionality of the Connect U Global website and view any content available on the Connect U Global website through the functionality included in the website;

Š       Link to any page of the Connect U Global website, including on any of your websites or blogs or through any of your social networking outlets;

Except as authorized above, no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of Connect U Global (other than as needed for your computer or device to interface with the Service). Without limiting the generality of the previous sentence, you agree not to distribute in any medium any part of the Service without Connect U Global’s prior written authorization, unless Connect U Global makes available the means for such distribution through functionality offered through normal use by the Service You also agree not to access the Service through any technology or means other than through the pages of the Connect U Global website.

Intellectual Property

By accepting these Terms and using our Service you acknowledge and agree that all copyrights, trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “CONNECT U GLOBAL”, are proprietary to Connect U Global or to our licensors where so indicated. You may not reproduce, download or otherwise use any such copyright, trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.

Third Party Websites

For your convenience, the Service may contain links to other websites. If you use these links, you will leave the Service. Certain of these linked websites may make use of Connect U Global intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Connect U Global.

Connect U Global has no control over the contents of these third party websites or for any viruses or other damaging elements encountered in linking to a third party website, whether or not Connect U Global is affiliated with the owners of such websites.

In addition, providing links to these websites should not be interpreted as endorsement or approval by Connect U Global of the organizations sponsoring such third-party websites or their products or services.

Except for any Connect U Global property or content embedded in any third-party website, third-party websites are governed by their own terms and privacy policies and these Terms do not apply to any third-party website.

Jurisdictional Issues

The Service is controlled and operated by Connect U Global from its offices within the State of NSW, in Australia. Connect U Global makes no representation that materials available on the Service are appropriate or available for use in other jurisdictions. Those who choose to access the Service from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.

Software from the Service is further subject to Australian export controls. No information or software from the Service may be downloaded or otherwise re-exported into or to a national or resident of any country to which the Australian embargoes or sanctions goods, services or technology. By using information or software from the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

Modification & Termination

We will be improving our Services constantly and as such may add or remove features or parts of the Service. Connect U Global further retains the right to terminate your use of the Service at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, and limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.

We further retain the right to suspend or terminate any or all of our Service.

 

Disclaimer

THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CONNECT U GLOBAL DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CONNECT U GLOBAL DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONNECT U GLOBAL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW:  (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CONNECT U GLOBAL OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF CONNECT U GLOBAL OR A CONNECT U GLOBAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF CONNECT U GLOBAL AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO CONNECT U GLOBAL OVER THE ONE (1) MONTH PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.

Indemnification

You will indemnify, defend, and hold harmless Connect U Global, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of:  (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Connect U Global violates any law or infringes any third party right, including any intellectual property or privacy right. 

You shall not settle any Claim unless such settlement completely and forever releases Connect U Global from all liability with respect to such Claim or unless Connect U Global consents to such settlement in writing.

Site Security

You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. Connect U Global will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any portion of the Service or enforce limitations on use of the Service or the content therein.  Any unauthorized use or modification of any of the materials available on the Service is a violation of the copyrights and other proprietary rights of Connect U Global and its licensors. Written permission for any such unauthorized use or modification must be obtained from Connect U Global in advance by contacting us via an email to infor@connectuglobal.com. 

Children

The Service is intended for a general audience. Connect U Global does not seek through the Service to gather personal information from or about children under the age of 18.

Privacy

We collect certain data about you as a result of you using our Services. This is described in further detail in our Privacy Policy.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of NSW, Australia, without giving effect to any principles of conflicts of law.

Any claims or litigation arising under these Terms will be brought by solely in state courts located in Sydney, NSW, and the parties specifically consent to Sydney, NSW, as the exclusive venue for any such proceeding.  In any such action, you and Connect U Global irrevocably waive any right to a trial by jury. 

Severance

If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any policies and guidelines incorporated herein by reference constitute the entire agreement between the parties relating to the subject matter herein

Policy Regarding Third-Party Copyrights

Connect U Global respects the intellectual property of others, and we ask our users to do the same.  Connect U Global will promptly remove materials from the Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Connect U Global copyright agent with the following information:  

(a)     a description of the copyrighted work or other intellectual property that you claim has been infringed;

(b)    a description of where the material that you claim is infringing is located on the Service;

(c)     your address, telephone number, and email address;

(d)    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e)    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and

(f)      your electronic or physical signature. 

You may submit this information to info@connectuglobal.com.au

Connect U Global may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material. If you believe that your material is not infringing or has otherwise been removed by mistake, please provide Connect U Global with a written counter-notification containing the following information: 

(i)      your name, address, and telephone number;

(ii)     a description of the material that was removed and the location on the Service where it previously appeared;

(iii)     a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

(iv)    a statement that you consent to the jurisdiction of the Australian District Court for NSW), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and

(v)    your electronic or physical signature. 

You may submit this information to info@connectuglobal.com.au

Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request. Please note that if you fail to comply promptly with the foregoing requirements or any request from Connect U Global for additional information, your DMCA notice or counter-notification may not be processed further.

Waiver

No waiver by Connect U Global of any condition or the breach of any provision of these Terms in any one or more instances shall be deemed a further or continuing waiver of the same or any other condition or provision.

Contact Us

If you have any questions regarding these Terms, please submit your questions via an email to info@connectuglobal.com.au. We will endeavor to respond to you promptly.