Terms & Conditions

Please take the time to read these terms and conditions. By using Our Website and services through any mobile application or other platform or device, you are agreeing to these terms and conditions.

DEFINITIONS

Services means any services provided by TUBER outlined on our website.

the Website means the website www.tuber.digital.

We/Us etc. means TUBER Australia Pty Ltd and any subsidiaries, affiliates, employees, officers, agents or assigns.

ACCURACY OF CONTENT

We have taken proper care and precautions to ensure that the information we provide on this Website and services through any mobile application or other platform or device is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website and services through any mobile application or other platform or device should not take the place of professional advice.

USE

The Website and services through any mobile application or other platform or device is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website and services through any mobile application or other platform or device, you are agreeing to these terms and conditions.

You agree that you will use this website and services through any mobile application or other platform or device in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

REGISTRATION

In order to access the Services, the Member is required to register for an account through the Application (the Account).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) your name;

(b) email address;

You warrant that any information you give to the Company in the course of completing the registration process will always be accurate and correct, and that you will keep the information up to date.

Once you have completed the registration process, you will be a registered member of the Application (the Member) and agree to be bound by the terms

YOUR OBLIGATIONS AS A MEMBER

As a Member, you agree to comply with the following:

(a) you will not share your profile with any other person;

(b) you will use the Services only for purposes that are permitted by:

(d) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(e) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(f) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(g) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

(h) any content that you broadcast, publish, upload, transmit, post or distribute on the Application (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

(i) you agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Members is made available to you);

(j) access and use of the Application are limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;

(k) you must not expressly or impliedly impersonate another user or use the profile or password of another user at any time;

(l) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the Company;

(m) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

(n) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Application; and

(o) you acknowledge and agree that any automated use of the Application or its Services is prohibited.

(p) you agree to pay all fees, charges, expenses, negative account balance, credits and costs in accordance with these Terms. In the event that you do not make payment of the above amounts, you agree and understand that the Company may report you to a credit reporting agency and you will be liable to The Company for its legal and/or recovery costs of the recovery of the amount outstanding (on an indemnity basis).

(q) The Company will use commercially reasonable endeavours to moderate your conduct and content in your use of the Application and your provision of the Services. If the Company reasonably determines that you breach any of the obligations mentioned herein, The Company may, depending on the severity of the conduct, do any one or a combination of any of the following:

(i) remove content that is misleading/deceptive or that is in breach of the General Terms and Additional Terms (as applicable);

(ii) provide a warning to you;

(iii) suspend your Account;

(iv) terminate your Account; and/or

(v) in serious cases or where obliged by the law to do so, report your conduct to the relevant authorities.

GOODS

All goods are subject to availability.

The Company does not prepare or take responsibility for any goods provided to the Member.

The choice of the Supplier will be at the sole discretion of the Member.

PASSWORDS AND LOGINS

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

INDEMNIFICATION FOR LOSS OR DAMAGE

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website and services through any mobile application, other platform or device the information offered , including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

INTELLECTUAL PROPERTY AND COPYRIGHTS

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website and services through any mobile application or other platform or device. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: service@tuber.digital

TRADEMARKS

The trademarks and logos contained on this Website and on the Mobile Applications are trademarks of TUBER Australia Pty Ltd. Use of these trademarks is strictly prohibited except with Our express, written consent.

LINKS TO EXTERNAL WEBSITES

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

LIMITATION OF LIABILITY

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website and services through any mobile application or other platform or device.

INFORMATION COLLECTION

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.

CONFIDENTIALITY

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.