Terms of Service
Last update: January 29th, 2021
By accessing or using the app.guidethrough.com web site (“Service”), or any services of Guidethrough Pty Ltd. (“Guidethrough”, “us”, “we”, or “our”), you are agreeing to be bound by the following terms and conditions of use (“Terms of Service” or “Terms”). Please read the Terms of Service carefully as they contain the legal terms and conditions of an agreement (“Agreement”) that you agree to be bound by when you access and/or use the Service. If you do not agree to these Terms, then you may not access or use the Service. If these Terms are considered an offer by Guidethrough, then acceptance is expressly limited to these Terms. The Service is available only to persons who are at least 13 years of age or older.
For the purposes of these Terms, “you” (or “your”) means the legal entity (a natural person who is at least 13 years of age or older, or a company) using the Service, and, if applicable, the legal entity registering on the Service. The legal entity and any persons that use the Service are sometimes referred to in these Terms of Service as the “User.”
We reserve the right to update and change the Terms from time to time without notice. Any new features that we may add to the current Service, including new functionality, tools or resources, shall be subject to this Terms of Service. Continued use of the Service after any such changes shall constitute your agreement to such changes.
The then-current version of these Terms will supersede all earlier versions.
Except as may be expressly permitted by applicable law, or as we may authorize expressly in writing, you will not, and will not permit anyone or any automated tools to:
- store, copy, modify, distribute, rent, lease, sublicense or resell any of the information; audio, visual, or other content made available on our Service or your access to the Service to another person or entity;
- circumvent or disable any security features of our Service;
- use the Service in a manner that threatens the security, performance or availability of our Service; or
- remove, alter, or obscure any proprietary notices (including any copyright and trademark notices) on any portion of our Service; or
- use trademarks or service marks belonging to Guidethrough; or
- either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of Guidethrough or represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or legal counsel of Guidethrough.
Subject to your compliance with these Terms including, without limitation, the prompt payment of applicable fees, Guidethrough hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Service. Guidethrough and its subsidiaries, affiliates, licensors, partners and vendors reserve all rights not expressly granted to you.
You agree to use the Service at your own risk and if a User violates any of the terms outlined herein, we reserve the right to terminate the Account without notice.
Accounts registered by “bots” or other automated methods are not permitted.
You must provide a valid email address, along with any other information required by us during the registration process. You may not use as a username the name of another person or entity, or that is not lawfully available for use, or a name or trade mark that is subject to any rights of another person or legal entity without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the security of your Account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
One person or legal entity may not maintain more than one unpaid Account.
You may not use the Service for any illegal or unauthorized purpose and you must comply with all applicable laws when using our Service (including but not limited to copyright laws).
You agree that we may use your logo on our website and in marketing material.
In the course of using the Service, you may provide information (“Content”) that may be used by us in connection with the Service.
You understand that by providing Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, but only to the extent necessary for us to deliver the Service to you for your Account. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that:
- the Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms; and
- the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or legal entity.
We do not pre-screen Content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any Content that is submitted or posted to, or displayed on the Service.
You shall be responsible and liable for any Content that is submitted or posted to, or displayed on the Service, including its legality, reliability, and appropriateness, and agree to defend, hold harmless and indemnify Guidethrough and its subsidiaries, affiliates and licensors from and against any damages which may result from the submission, display and/or use of any such Content.
The Service and its content (excluding Content provided by you), features and functionality, any underlying software, platforms, algorithms, technology or other proprietary materials (“Materials”) are the exclusive property of Guidethrough and its licensors, subsidiaries or respective partners and affiliates and we retain all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and other proprietary rights.
Our Services may display on, or contain links to, third party products, services or web sites that are not owned or controlled by Guidethrough.
We do not control, and assume no responsibility for, the content, privacy policies, or practices of any third party products, services or web sites.
Termination, Cancellation & Suspension
We reserve the right to terminate, cancel or suspend your access to or use of the Service immediately, without prior notice or liability, and without limitation if you breach the Terms. In these cases your right to use the Service will immediately cease.
In the case of any unpaid accounts – “Unpaid” defined as any Account that is on a free plan without any activity for a period of sixty (60) days, or an Account on a paid pricing plan that is past due on payment in excess of fifteen (15) days – we reserve the right to suspend, cancel or terminate such Accounts at our sole discretion.
In the case of Unpaid and subsequently suspended Accounts, these may be reinstated if the past due amounts are paid within thirty (30) days of the account being suspended. After that period the Account may be terminated at our sole discretion.
Termination of an Account may result in the deactivation or deletion of the Account, denial of access to the Account, and the forfeiture and deletion of all Content in the Account. This information cannot be recovered once an Account has been terminated; however we may, for a time, retain information in our backup or archival copies of our database.
If you wish to terminate your account, you may simply discontinue using the Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership and intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
In no event shall Guidethrough, nor its directors, employees, partners, agents, suppliers, subsidiaries, licensors or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- your access to or use of or inability to access or use the Service;
- any conduct or content of any third party on the Service;
- any content obtained from the Service; and
- unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to indemnify, defend and hold Guidethrough and our respective subsidiaries, affiliates, officers, agents, employees and representatives harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your use of the Service, use of your Account by any third party, the violation of the Terms of Service by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
Guidethrough and its subsidiaries, affiliates, and licensors make no warranty that the Service will be uninterrupted, timely, secure, error free or available at any particular time or location, or that the Service is free of viruses or other harmful components or that it will meet your specific requirements. We further do not warrant that the quality of any content, services, information, or other material accessed or used through the Service will meet your expectations or that any errors in the Service will be corrected.
The content, services, information, and/or other material available through the Service are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. Including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia and Guidethrough and you agree to submit to the non-exclusive jurisdiction of the Courts of that State.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Any waiver of any provision of these Terms of Service will be effective only if in writing, dated and signed by an authorized representative of Guidethrough.
If you have any questions about these Terms of Service, please contact us at: [email protected]