Thank you for choosing LivBetter
Last updated 30/08/2013
1 What the Contract Covers
This is a contract between you and New Ideas Company Pty Ltd (Trading as SeeCare),
25 Tower Hill Road, Glen Iris, VIC 3146, Australia ("New Ideas"). Sometimes
New Ideas Company Pty Ltd (Trading As SeeCare) is referred to as "LivBetter",
"SeeCare", "New Ideas", "we", "us", or "our".
This contract applies to any SeeCare software or services, including updates, that
display or link to this contract and that you use while this contract is in force
("Services"). All of the software or services are referred to in this
contract as the "Services", "service" or "services",
and this contract includes the terms and conditions of the Service ("Terms
These terms and conditions apply to the use of the Service. In using the Service,
you agree to be bound by these terms and conditions. If you do not accept these
terms and conditions, you must refrain from using the Service.
Please note that we do not provide warranties for the Service. The contract
also limits our liability. These terms are in sections 17 and 18, and we ask you
to read them carefully.
2 When You May Use the Service
Membership in the service is void where prohibited. New Ideas services is intended
solely for users who are thirteen (13) years of age or older. Any registration by,
use of or access to the service by anyone under 13 is unauthorized, unlicensed and
in violation of this contract. By using the service, you represent and warrant that
you are 13 or older and that you agree to and to abide by all of the terms and conditions
of this contract.
All persons who wish to use the service must register using the registration process.
This requires you to provide certain information about yourself ("Registration
All Registration Information provided by you must belong to you and be true, accurate,
complete and up to date and by registering you warrant to New Ideas that this is
the case. You must notify New Ideas within 14 days of any Registration Information
For your registration to be complete, you must signify that you have read and agree
to abide by the terms and conditions of this contract by ticking the box labeled
Up" web page.
Confirmation from New Ideas that your registration process is complete does not
constitute an acceptance of your registration. New Ideas may require additional
verification information before accepting your registration and reserves the right
at any time to decline, suspend, or terminate your registration for any reason.
You will be notified once you have been accepted to be registered as a user entitling
you to such access to the service in accordance with the terms and conditions in
this contract. You may start using the service as soon as you have been notified
by New Ideas that you have been accepted as a registered user.
No withdrawal right or other "cooling off" period applies to the service
and you waive any applicable "cooling off" period, except if the law requires
a "cooling off" period despite your waiver and even when a service starts
3 How You May Use the Service
In using the service, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- obey any other policies we publish or make available;
- obey the anti-spam policy as described in Section 4.1;
- keep your service account password secret; and
- promptly notify us if you learn of a security breach related to the service.
4 How You May Not Use the Service
In using the service, you may not:
- engage in, facilitate, or further unlawful conduct;
- post or transmit any material or information which is offensive, defamatory, obscene,
unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
- impersonate any other person;
- use the service in a way that harms us or our advertisers, affiliates, resellers,
distributors and/or vendors, or any customer or account holder of ours or our advertisers,
affiliates, resellers, distributors and/or vendors;
- post any material which contains viruses or other computer codes, files or programs
which are designed to limit or destroy the functionality of other computer software
- use any portion of the service as a destination linked from any unsolicited bulk
messages or unsolicited commercial messages as specified in Section 4.1;
- use any unauthorized third party software or service to access the messaging network
which is part of the services;
- use any automated process or service to access and/or use the service (such as a
BOT, a spider, periodic caching of information stored by New Ideas, or "meta-searching");
- use any unauthorized means to modify or reroute, or attempt to modify or reroute,
- damage, disable, overburden, or impair the service (or the network(s) connected
to the service) or interfere with anyone’s use and enjoyment of the service; or
- resell, copy, or redistribute the service, or any part of the service.
4.1 Anti Spam
You may not use of the services in any manner associated with the transmission,
distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail
("Spam"). You may not use any services to send Spam. You also may not
deliver Spam or cause Spam to be delivered to any of New Ideas’ services or customers.
In addition, e-mail sent, or caused to be sent, to or through the services may not:
- use or contain invalid or forged headers;
- use or contain invalid or non-existent domain names;
- employ any technique to otherwise misrepresent, hide or obscure any information
in identifying the point of origin or the transmission path;
- use other means of deceptive addressing;
- use a third party’s internet domain name, or be relayed from or through a third
party’s equipment, without permission of the third party;
- contain false or misleading information in the subject line or otherwise contain
false or misleading content;
- fail to comply with additional technical standards described below; or
You are not authorized to conduct any harvesting, mining or collection of e-mail
addresses or other information from or through the services. New Ideas does not
permit or authorize others to use the services to collect, compile or obtain any
information about New Ideas’ customers or subscribers, including but not limited
to subscriber e-mail addresses, which are New Ideas’ confidential and proprietary
New Ideas does not permit or authorize any attempt to use the services in a manner
that could damage, disable, overburden or impair any aspect of any of the services,
or that could interfere with any other party’s use and enjoyment of any service.
If New Ideas believes that unauthorized or improper use is being made of any service,
it may, without notice, take such action as it, in its sole and absolute discretion,
deems appropriate, including blocking messages from a particular internet domain,
mail server or IP address. New Ideas may immediately terminate any account on any
service which it determines, in its sole and absolute discretion, is transmitting
or is otherwise connected directly or indirectly with any e-mail that violates the
Nothing in this contract is intended to grant any right to transmit or send e-mail
to, or through, the services. Failure to enforce this contract in every instance
does not amount to a waiver of New Ideas’ rights.
Unauthorized use of the services in connection with the transmission of unsolicited
e-mail, including the transmission of e-mail in violation of this contract, may
result in civil, criminal, or administrative penalties against the sender and those
assisting the sender.
5 You Are Responsible For Your Service Account And Advertising
Only you may use your service account. For some parts of the service, we may notify
you that you may set up additional member accounts that are dependent on your account
(a "dependant account"). You are responsible for all activity that takes
place with your service account or a dependant account. You may not authorize any
third party to access and/or use the service on your behalf except where New Ideas
provides a mechanism for third parties to access the service on your behalf.
You must ensure that your access to the service is not illegal or prohibited by
laws which apply to you.
You must take your own precautions to ensure that the process which you employ for
accessing the service does not expose you to the risk of viruses, malicious computer
code or other forms of interference which may damage your own computer system. For
the removal of doubt, we do not accept responsibility for any interference or damage
to your own computer system which arises in connection with your use of the service
or any linked web site.
We do not accept liability for any losses arising directly or indirectly from a
failure to provide the service, corruption to or loss of data, errors or interruptions,
any suspension or discontinuance of the service, any transmissions by other members
in contravention of the members’ obligations as set out in these terms and conditions
or any content transmitted by a non-member.
You must indemnify us and our related bodies corporate and our directors and employees
against any claim by a third party arising out of a breach of these terms and conditions
either by you or by any person using your service account, password or ID, whether
or not you have authorised that person to use your service account, password or
You acknowledge that we cannot confirm the identity of other members or prevent
them acting under false pretences.
Responsibility for the content of advertisements appearing on the service (including
hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The
placement of such advertisements does not constitute a recommendation or endorsement
by us of the advertisers’ products and each advertiser is solely responsible for
any representations made in connection with its advertisement.
6 If You Are a Dependant or Provisional Account User
If you are the user of a dependant account, then the holder of the service account
has full control over your dependant account. This control includes the right to
end the service, close or alter your associated account at any time, and, in some
cases, to request and receive machine and service use information related to your
7 If You Pay New Ideas
This section 7 applies in all situations in which you directly pay us. If you pay
a company other than us for the service, then the charges and billing terms are
as stated by the other company. Even if you do not pay for the service, you may
still incur charges incidental to using the service; for example, charges for Internet
access, mobile text messaging, or other data transmission.
To avoid any doubt, even if you pay a company other than us for the service or if
you do not pay for the service, you are still bound by all terms and conditions
of this contract other than the charges and billing terms.
When you create a billing account, you enter your payment method. You must be authorized
to use the payment method. You authorize us to charge you for the service using
your payment method and for any paid feature of the service for which you choose
to sign-up or use while this contract is in force. You will pay service
charges in advance. We may charge you a different amount than what you approved.
If it is a greater amount, we will tell you the amount and the date of the charge
at least 10 days before we make the charge. Also, we may charge you up to the amount
you have approved, and notify you in advance of the difference. We may bill you
for more than one of your prior billing periods together. If we informed you that
the service will be provided indefinitely or automatically renewed, we may automatically
renew your service and charge you for any renewal term.
7.3 Updates to Your Billing Account
You must keep all information in your billing account current, including your billing
address and the expiration date of your credit card. You may change your payment
method at any time. If you tell us to stop using your payment method, we may cancel
your service. Your notice to us will not affect charges we submit to your billing
account before we reasonably could act on your request.
7.4 Trial Period Offers
You may have received a limited time of free service or some other trial period
offer. Unless we notify you otherwise, if you are participating in any trial period
offer, you must cancel the service by the end of the trial period to avoid incurring
charges. If you do not cancel your service, and we have informed you that the service
will automatically be converted into a paid subscription at the end of the trial
period, then you authorize us to charge your payment method for the service.
7.5 Prices and Price Increases
The price for the service excludes all taxes and phone charges, unless stated otherwise.
You are responsible for any taxes that you are obligated to pay or that we may collect
from you. You are responsible for all other charges (for example, phone charges).
Currency exchange settlements are based on your agreement with your payment method
provider. We may change the price of the service from time to time, but we will
tell you before we do.
- If there is a specific time length and price for your service offer, then that price
will remain in force for that time. After the offer period ends, your use of the
service will be charged at the new price.
- If your service is on a period basis (for example, monthly), with no specific time
length, then we will tell you the date of any price change. That date will be not
less than 30 days after we tell you of the price change.
If you do not agree to these changes, then you must cancel and stop using the service
before the changes take place. If you cancel your service, then your service ends
at the end of your current service time length or, if we bill your account on a
period basis, at the end of the period in which you cancelled.
7.6 Refund Policies
Unless otherwise provided by law or in connection with any particular service offer,
all charges are non-refundable, and the costs of any returns will be at your expense.
7.7 Online Statement and Errors
We will provide you with an electronic billing statement. This is the only billing
statement that we provide. If we make an error on your bill, we will correct it
promptly after you tell us and we investigate the charge. You must tell us within
120 days after an error first appears on your bill. You release us from all
liability and claims of loss resulting from any error that you do not report to
us within 120 days after the error first appears on your online statement.
If you do not tell us within this time, we will not be required to correct the error.
We can correct billing errors at any time.
7.8 Canceling the Service
You may cancel the service at any time, with or without cause. Certain service offers
may require cancellation charges, and you will pay all cancellation charges as specified
in the materials describing the offer. Cancellation of the service by you will not
alter your obligation to pay all charges made to your billing account.
7.9 Late Payments
Except to the extent prohibited by law, we may assess a late charge if you do not
pay on time. You must pay these late charges when we bill you for them. The late
charge will be the lesser of 2% of the unpaid amount each month or the maximum rate
that is permitted by law. We may use a third party to collect past due amounts.
You must pay for all reasonable costs we incur to collect any past due amounts.
These costs may include reasonable attorneys’ fees and other legal fees and costs.
We may suspend or cancel your service if you fail to pay in full on time.
7.10 Internet Access Service
You are responsible for paying the fees charged by your Internet access provider.
Those fees are in addition to the fees you pay us for the service.
8 Payments to You
Your right to any payment due to you under a service is conditioned upon you promptly
providing us with all information we require to properly make the payment (for example,
bank account information for receiving the payment) and you not breaching any of
the terms and conditions of this contract. We will use reasonable efforts to tell
you what information we require in advance of your use of the applicable service.
Even if we do not tell you in advance, you must provide us the information we request
before your right to receive the payment accrues. You are responsible for the accuracy
of the information you provide and any taxes you may incur as a result of receiving
a payment. You must also comply with any other conditions we place on your right
to any payment. If you receive a payment that was not due to you, we may reverse
or seek return of the payment and you agree to cooperate with us in our efforts
to do this.
9 Proprietary Rights in Service Content – Limited License
All content on the service and available through the service, including designs,
text, graphics, pictures, video, information, applications, software, music, sound
and other files, and their selection and arrangement (the "Service Content"),
are the proprietary property of New Ideas, its users or its licensors with all rights
reserved. No Service Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, scraped, displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part, without New Ideas’ prior written permission,
except that the foregoing does not apply to your own User Content (as defined below)
that you legally post on the service. Provided that you are eligible for use of
the service, you are granted a limited license to access and use the service and
the Service Content and to download or print a copy of any portion of the Service
Content to which you have properly gained access solely for your personal, non-commercial
use, provided that you keep all copyright or other proprietary notices intact.
Except for your own User Content, you may not upload or republish Service Content
on any Internet, Intranet or Extranet site or incorporate the information in any
other database or compilation, and any other use of the Service Content is strictly
prohibited. Such license is subject to this contract and does not permit use of
any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the service or Service Content other than as specifically authorized
herein, without the prior written permission of New Ideas, is strictly prohibited
and will terminate the license granted herein. Such unauthorized use may also violate
applicable laws including copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in this contract
shall be construed as conferring any license to intellectual property rights, whether
by estoppel, implication or otherwise. This license is revocable at any time without
notice and with or without cause.
10 Your and Third Party Materials
10.1 Your Materials
You may be able to submit materials for use in connection with the service ("User
Content"). The service includes publicly accessible areas ("public areas
of the service") and areas to which you can control access by others ("shared
and private areas of the service"). You understand that New Ideas does not
control or endorse the content that you and others post or provide on the service.
Except for material that we license to you, we do not claim ownership of the materials
you post or provide on the service. However, with respect to content you post or
provide you grant to New Ideas (for all content), those members of the public to
whom you have granted access (for content posted on shared and private areas of
the service), and to the public (for content posted on public areas of the service)
free, unlimited, worldwide, nonexclusive and perpetual permission to:
- use, modify, copy, distribute and display the content in connection with the service
and other New Ideas products and services;
- publish your name in connection with the content; and
- grant these rights to others.
You understand that New Ideas may need to make copies, change the format, transcode
or otherwise process content posted on the service, including on shared and private
areas of the service, in order to:
- store and retrieve the content;
- make the content available to you and those members of the public to whom you have
- conform to connecting networks’ technical requirements; or
- conform to the limitations and terms of the service.
This section applies only to legally permissible content and only to the extent
that use and publishing of the legally permissible content does not breach the law.
You understand that sharing content that violates others’ copyrights and other intellectual
property rights violates this contract. You represent and warrant that you have
all the rights necessary for you to grant the rights in this Section 10.1 and that
the use and publication of the content does not breach any law. We will not pay
you for your content. We may refuse to publish your content and may remove your
content from the service without notice at any time.
We do not warrant that any material you submit to the service will be protected
against loss, misuse or alteration by third parties. We do not warrant that we will
post your information or material in the service. If we elect in our sole discretion
to post your information or material in the service, we do not warrant that the
material or information you submit will be posted within a certain timeframe.
10.2 Third Party Websites and Content
The service may contain (or you may be sent through the service) links to other
web sites ("Third Party Sites") 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 (the "Third
Party Applications, Software or Content"). Such Third Party Sites and Third
Party Applications, Software or Content are not investigated, monitored or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third Party Sites accessed through the service or any Third Party Applications,
Software or Content posted on, available through or installed from the service,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices
or other policies of or contained in the Third Party Sites or the Third Party Applications,
Software or Content. Inclusion of, linking to or permitting the use or installation
of any Third Party Site or any Third Party Applications, Software or Content does
not imply approval or endorsement thereof by New Ideas. If you decide to leave the
service and access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which you
navigate from the service or relating to any applications you use or install from
You agree to indemnify and hold New Ideas, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney’s fees, arising out of or in connection
- any User Content, any Third Party Applications, Software or Content you post, share
or use, on or through the service;
- your use of the service, your conduct in connection with the service or with other
users of the service;
- any violation of this contract or of any law or the rights of any third party;
- any negligent or improper use, reproduction (whether in whole or in part), modification
or disclosure of or change or access to the service, by you or any other person
claiming or accessing the service through you.
In order to operate and provide the service, we collect certain information about
you. We use and protect that information as described in the
you, including the content of your communications, in order to:
- comply with the law or respond to lawful requests or legal process;
- protect the rights or property of New Ideas or our customers, including the enforcement
of our agreements or policies governing your use of the service; or
- act on a good faith belief that such access or disclosure is necessary to protect
the personal safety of New Ideas employees, customers or the public.
The service is a private computer network that New Ideas operates for the benefit
of itself and its customers. New Ideas retains the right to block or otherwise prevent
delivery of any type of email or other communication to or from the service as part
of our efforts to protect the service, protect our customers or stop you from breaching
this contract. The technology or other means we use may hinder or break your use
of the service.
In order to provide you the service, we may collect certain information about service
performance, your machine and your service use. We may automatically upload this
information from your machine. This data will not personally identify you. You may
read about this information collection in more detail in the
Personal information collected through the service may be stored and processed in
Australia or any other country in which New Ideas or its affiliates, subsidiaries
or agents maintain facilities. By using the service, you consent to any such transfer
of information outside of your country.
13 Your Dealings with Others
If you obtain anything from a third party (including third-party offered services)
through the service, you understand that your relationship with respect to those
things is with the third party directly and not with New Ideas. In the event you
assert a claim that relates to or implicates your relationship with a third party,
you shall only assert such claim against the third party, and you will not assert
any such claim against New Ideas, even if New Ideas assisted in billing or advertising
for the third-party offering. You are solely responsible for your dealings with
any third party, including but not limited to:
- delivery of and payment for goods and services;
- processing and verifying orders, payments and other transactions;
- customer support related to orders or transactions (e.g., lost orders, billing disputes,
- determining, collecting and remitting to the appropriate authority all taxes (if
any) arising from or related to such orders or transactions; and
- the purchase and use by you and your associated accounts of any third-party products
You represent and warrant that:
- the products and services you advertise, sell and distribute are legal for sale
and distribution and do not violate this contract;
- you have all licenses necessary to sell, distribute and advertise the goods and
services you offer; and
- all sales and advertisements will comply with applicable law.
14 Your Privacy Practices
In using the service, you may be able to collect personal information about third
parties through your dealings with such third parties. If you do, you agree to:
uses of personal information that you collect from such third parties;
and on all pages where you collect personal information from third parties, including
on checkout pages; and
15 Requirements For Placing Advertisements
You may be able to place advertisements in or through the service. We have no obligation
to display any part of the advertising content. With respect to any advertising
content you provide, you promise that:
- all advertising content is accurate, complete and current;
- you have all necessary rights, power and authority to publish the advertising content;
- the advertising content, and any web site listed or linked to from the advertising
- complies with all applicable laws and regulations;
- does not infringe, misappropriate or otherwise violate any copyright, patent, trademark,
service mark, trade secret or other intellectual property right of any third party;
- does not breach the rights of any person or entity, including rights of publicity
or privacy, and is not defamatory; and
- does not result in consumer fraud (including being false or misleading), product
liability, tort, breach of contract, injury, damage or harm of any kind to any person
- you possess documents substantiating all claims, express and implied, contained
within the advertising content.
16 How We May Change the Contract
We reserve the right to amend this contract from time to time. Amendments will be
effective immediately upon notification on the Service. Your continued use of the
Service following such notification will represent an agreement by you to be bound
by the contract as amended. If you do not agree to these changes, then you must
cancel and stop using the service before the change takes place.
17 WE MAKE NO WARRANTY
We provide the service "as-is," "with all faults" and "as
available." We do not guarantee the accuracy or timeliness of information,
including any personal and health information, available from the service. To the
maximum extent permitted by law we and our affiliates, resellers, distributors and
vendors (collectively, the "New Ideas parties") give no express warranties,
guarantees or conditions. We exclude any implied warranties including those of merchantability,
fitness for a particular purpose, workmanlike effort and non-infringement. Furthermore,
we provide no express or implied warranty or guarantee that any information, including
health related information, stored or used by you, or on your behalf, using the
service can be used to assess, record, maintain or improve your health.
All information provided by us through the service is provided in good faith. You
accept that any information provided by us is general information and is not in
the nature of advice. We derive our information from sources which we believe to
be accurate and up to date as at the date of publication and we reserve the right
to update this information at any time.
We do not make any representations or warranties that the information provided through
the service is reliable, accurate or complete or that your access to the service
will be uninterrupted, timely or secure. We are not liable for any loss resulting
from any action taken or reliance made by you on any information or material posted
through the service. You should make your own inquiries and seek independent advice
from relevant industry professionals before acting or relying on any information
or material which appears in the service.
We do not accept any liability for the accuracy or content of any material posted
by other members of the service. We are not liable for any loss resulting from any
action taken or reliance made by you on any information or material posted by us
or another member;
We do not accept any responsibility or liability for any information or material
which you submit to the service, nor do we accept any responsibility for any use
or misuse which you or any other members or guests make of information or material
which you submit to the service.
If you download any material from the service, you acknowledge that we are not liable
to you for any loss or damage, however caused, arising from the downloading or subsequent
use of the downloaded material.
18 LIABILITY LIMITATION
The total and cumulative liability whatsoever (including in contract, tort including
negligence, pursuant to statute or otherwise) of New Ideas parties under this contract
is limited to an amount which is the lesser of: (1) an amount equal to the service
fee paid by you for one month; or (2) one hundred Australian dollars (AUD $100).
You cannot recover any other damages, including consequential, lost profits, special,
indirect, incidental or punitive damages.
This limitation applies to anything related to:
- the service,
- content (including code) on third party Internet sites, third party programs or
third party conduct,
- viruses or other disabling features that affect your access to or use of the service,
- incompatibility between the service and other services, software and hardware,
- delays or failures you may have in initiating, conducting or completing any transmissions
or transactions in connection with the service in an accurate or timely manner,
- claims for breach of contract, breach of warranty, guarantee or condition, strict
liability, negligence, or other tort.
It also applies even if:
- this remedy does not fully compensate you for any losses, or fails of its essential
- New Ideas knew or should have known about the possibility of the damages.
To the extent permitted by law:
- subject to clause (18.2) below all implied terms, conditions and warranties in favour
or for your benefit (whether statutory or otherwise) are, to the extent lawfully
permitted, hereby excluded;
- if the Trade Practices Act 1974 (Cth) or any other Act of Parliament (whether Commonwealth,
State, Territory or otherwise) implies into this contract any term, condition or
warranty which cannot be negatived, varied, restricted, waived, excluded or modified,
then notwithstanding clause (18.1) above such term, condition or warranty shall
remain in this contract but only to the extent that it cannot be so negatived, varied,
restricted, waived, excluded or modified;
Subject to sub-clause (18.2) above New Ideas shall not be liable for any delay,
failure to perform its obligations (under this contract or otherwise), or any other
event, omission, loss or damage, arising as a result of or in connection with any
matter or circumstance beyond its reasonable control.
19 Changes to the Service – If We Cancel the Service
We may change the service or delete features at any time and for any reason.
We may cancel or suspend your service at any time. Our cancellation or
suspension may be without cause and/or without notice. Upon service cancellation,
your right to use the service stops right away. Once the service is cancelled
or suspended, any data you have stored on the service may not be retrieved later.
Our cancellation of the service will not alter your obligation to pay all
charges made to your billing account. If we cancel the service in its entirety without
cause, then we will refund to you on a pro-rata basis the amount of payments that
you have made corresponding to the portion of your service remaining right before
20 Interpreting the Contract
All parts of this contract apply to the maximum extent permitted by law.
A court may hold that we cannot enforce a part of this contract as written.
If this happens, then you and we will replace that part with terms that most closely
match the intent of the part that we cannot enforce. The rest of this contract will
not change. This is the entire contract between you and us regarding your use of
the service. It supersedes any prior contract or statements regarding your use of
the service. If you have confidentiality obligations related to the service, those
obligations remain in force (for example, you may have been a beta tester). The
section titles in the contract do not limit the other terms of this contract.
We may assign this contract, in whole or in part, at any time with or without notice
to you. You may not assign this contract, or any part of it, to any other person.
Any attempt by you to do so is void. You may not transfer to anyone else, either
temporarily or permanently, any rights to use the service or any part of the service.
22 No Third Party Beneficiaries
This contract is solely for your and our benefit. It is not for the benefit of any
other person, except for permitted successors and assigns under this contract.
23 Claim Must Be Filed Within One Year
Any claim related to this contract or the service may not be brought unless
brought within one year. The one-year period begins on the date when the claim first
could be filed. If it is not filed in time, then that claim is permanently barred.
This applies to you and your successors. It also applies to us and our successors
24.1 Your Notices to Us
You may notify us as stated in the customer support or "help" area for
the service. We do not accept e-mail notices.
24.2 Notices We Send You – Consent Regarding Electronic Information
This contract is in electronic form. We have promised to send you certain information
in connection with the service and have the right to send you certain additional
information. There may be other information regarding the service that the law requires
us to send you. We may send you this information in electronic form. You have the
right to withdraw this consent, but if you do, we may cancel your service. We
may provide required information to you:
- by e-mail at the e-mail address you specified when you signed up for your
- by access to a New Ideas web site that will be designated in an e-mail notice
sent to you at the time the information is available; or
- by access to a New Ideas web site that will be generally designated in advance
for this purpose.
Notices provided to you via e-mail will be deemed given and received on the
transmission date of the e-mail. As long as you can access and use
the service, you have the necessary software and hardware to receive these notices.
If you do not consent to receive any notices electronically, you must stop using
24.3 Copyright and Trademark Notices
All contents of the service are Copyright © 2009 New Ideas Company Pty Ltd
and/or its suppliers, 25 Tower Hill Road, Glen Iris, VIC 3146, Australia. All rights
reserved. Copyright and other intellectual property laws and treaties protect any
software or content provided as part of the service. We or our suppliers own the
title, copyright, and other intellectual property rights in the software or content.
New Ideas, SeeCare, SeeCare logo and/or other New Ideas products and services referenced
herein may also be either trademarks or registered trademarks of New Ideas in Australia
and/or other countries. The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
24.4 Financial Notice
New Ideas is not a broker/dealer or registered investment advisor under Australian
law or securities laws of other jurisdictions, and does not advise individuals as
to the advisability of investing in, purchasing or selling securities or other financial
products or services. Nothing contained in the service constitute an offer or solicitation
to buy or sell any security. New Ideas does not endorse or recommend any particular
financial products or services. Nothing contained in the service is intended to
constitute professional advice, including but not limited to, investment or tax
24.5 Health Notice
New Ideas is not a health practitioner or registered health and care advisor under
Australian law or laws of other jurisdictions, and does not advise individuals as
to the advisability of obtaining, purchasing or selling third party health and care
products or services. Nothing contained in the service constitute an offer or solicitation
to buy or sell any such products or services. New Ideas does not endorse or recommend
any particular health and care products or services. Nothing contained in the service
is intended to constitute professional advice, including but not limited to, advice
on health care or any other care.
Customer support is not offered for the service, unless provided otherwise in this
contract or the materials we publish in connection with a particular service specify
that it includes customer support.
26 Governing Law – Venue and Jurisdiction
By visiting or using the service, you agree that the laws of the State of Victoria,
Australia, without regard to principles of conflict of laws, will govern this contract
and any dispute of any sort that might arise between you and New Ideas or any of
our affiliates. With respect to any disputes or claims not subject to arbitration,
you agree not to commence or prosecute any action in connection therewith other
than in the state and federal courts of Victoria, Australia and you hereby consent
to, and waive all defenses of lack of personal jurisdiction and forum non conveniens
with respect to, venue and jurisdiction in the state and federal courts of Victoria,