1.1 In this document
'we' and 'our' means Carboneitx and 'you' and 'your' means the
user.
1.2 This agreement outlines the terms and conditions
that apply to use of Fossil Fuel Diet that have signed up for with
us. This agreement applies only to fossilfueldiet.com.au and
fossilfueldiet.com, all other services and products that maybe
supplied by Carbonetix or third parties contain their own conditions
2.1 You signified acceptance of these terms and conditions when you completed the registration form
This agreement commenced on the date you completed the registration form
4.1 No fees and charges are applicable at this time, we reserve the right to change this at any time. If the conditions were to changes and a fee were to be applicable, users will be informed and have the option to pay the fee and continue using the system or have your username suspended.
5.1 In these terms
and conditions 'Service' primarily refers to our operation of
fossilfueldiet on our Server and a connection to and from the
Internet.
5.2 We will use our best endeavors to provide
continuing availability of fossilfueldiet but we cannot be liable for
service interruptions or down time.
5.3 Program BETA status
means that the system is still under development, as such we will not
guarantee system reliability or data integrity
6.1 You agree to
indemnify and keep indemnified and hold us harmless from and against
any claim brought against us by a third party resulting from the
provision of Services by us to you and your use of fossilfueldiet,
and in respect of all losses, costs, actions, proceedings, claims,
damages, expenses (including reasonable legal costs and expenses), or
liabilities, whatsoever suffered and howsoever incurred by us in
consequence of your breach or non-observance of these terms.
6.2
You warrant that you will keep secure any passwords used with the
Service.
6.3 You further warrant that at the time of entering
into this agreement you are not relying on any representation made by
us which has not been stated expressly in this agreement, or on any
descriptions or specifications contained in any other document,
including any catalogues or publicity material which we have
produced.
6.4 You also agree that you are solely responsible
for dealing with persons who access your data and that you will not
refer complaints or inquiries in relation to such data to us.
6.5
You agree that Carbonetix may use your data anonymously at anytime
for benchmarking, aggregation. Your data will never be used in
conjunction with your personal information such as your name or
username, but your state maybe referenced for benchmarking.
7.1 We accept
liability for the supply of the Services to the extent provided in
this agreement.
7.2 We do not warrant that:
" the
services provided under this agreement will be uninterrupted or error
free;
" the services will meet your requirements, other than
as expressly set out in this agreement; or
" the services
will be free from external intruders (hackers), virus or worm attack,
denial of service attack, or other persons having unauthorized access
to the services or systems of fossil fuel diet.
7.3 Except as
expressly provided to the contrary in this agreement, we exclude all
liability for indirect and consequential loss or damage of any kind,
loss or corruption of data, failure to realize expected savings and
any other economic loss of any kind, in contract, tort (including
negligence), under any statute or otherwise arising from or relating
in any way to this agreement and/or its subject matter.
7.4 We
make or give no express or implied warranties including, without
limitation, the warranties of merchantability or fitness for a
particular purpose, or arising from a course of dealing, usage or
trade practice, with respect to any goods or services provided under
or incidental to this agreement. No oral or written information or
advice given by us, our resellers, agents, representatives or
employees shall create a warranty or in any way increase the scope of
the express warranties hereby given, and you may not rely on any such
information or advice.
7.5 Our total aggregate liability to
you for any claim in contract, tort, negligence or otherwise arising
out of or in connection with the provision of the services will be
limited to the charges paid by you in respect of the services which
are the subject of any such claim and provided that you notify us of
any such claim within one year of it arising.
7.6 In no event
will we be liable to you for any loss of contracts, profits or
anticipated savings or for any other indirect or consequential or
economic loss whatsoever 8.8 We specifically exclude any warranty as
to the accuracy or quality of information received by any person via
your username and in no event will we be liable for any loss or
damage to any data stored on the Server. You are responsible for
maintaining insurance cover in respect of any loss or damage to your
data stored on the Server.
7.7 Program BETA status means that
the system is still under developed and therefor we do no accept
liability for loss of data
8.1 We may suspend
or terminate your account if you breach any of these terms and
conditions, or if we deem that your have acted maliciously toward the
system.
8.2 From time to time we may have to suspend or
disconnect the service without notice or deny your access to the
Service during any technical failure, modification or maintenance
involved in the Service. We will use reasonable endeavors to procure
the resumption of the services as soon as reasonably practicable. In
these circumstances you will remain liable for all charges due
throughout the period of suspension.
8.3 If your account has
been suspended or terminated due to your breach, reactivation of your
account will be completely at our discretion. If we agree to
reactivate your account.
8.4 If you wish to terminate your
account with us for any reason you may do so by giving us 30 days
notice in writing. If we wish to terminate your Service for reasons
other than a breach of these conditions, we can do so by giving you
30 days written notice.
8.5 We are under no obligation to
provide you with a copy of your data at anytime.
9.1 We will archive your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to re-enter your data. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from our backups.
10.1 Unless
otherwise agreed, you obtain no rights to the hardware and other
infrastructure and facilities used by us to deliver the
Service.
10.2 You retain ownership over the data that you
enter into the system. Carbonetix at no time is under any obligation
to provide you with the data.
11.1 If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
12.1 We may change the terms and conditions of this agreement at any time. Details of our current terms will always be available on our website. here. This agreement is dated June 2006.
13.1 These terms and conditions constitute the entire agreement between Carbonetix and you. It supersedes all prior agreements, understandings and representations whether oral or written.
14.1 These terms and conditions are governed by the laws in force in Commonwealth Australia. Both parties agree to submit to the exclusive jurisdiction of the Courts of that Territory.
15.1 All notifications under this agreement will be by email to your nominated address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of our service to you.