User Terms

Welcome to WooBoard.com. These User Terms form a binding contractual agreement between you, the user of the WooBoard services, platform, website, applications and software (the “Service”) and WooBoard Pty Ltd (ABN 67 152 557 081) (a REFFIND Limited company) (“we”, “us”, “our”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these User Terms (“Agreement”), whether or not you are a registered user of the Service. We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new User Terms. If you do not agree to any terms of this Agreement, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Your use of the Service

We grant you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account. Although we will not be liable for your losses caused by any unauthorised use of your account, you will be liable for any harm, damages or losses suffered by us in connection with such unauthorised use.

You may use your Account Settings to control your User Profile. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your Notifications Settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Notifications Settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in our sole discretion, you breach any term of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service. Upon termination for any reason, you continue to be bound by this Agreement.

We reserve the right to offer alternative and/or additional Services to certain administrative Users that may not be offered to general Users.

User Content

Some areas of the Service, and specifically the WooBoard feed to which you have access (your “WooBoard”), may allow you and other Users to post feedback, comments, questions, data, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, illegal, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, contravening discrimination laws or otherwise objectionable; (v) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vi) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy.

We take no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. We are not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that we will not be liable for any injury, loss or damages you suffer, or allege to suffer, as a result of such User Content.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Network Administration

Each WooBoard account may have one or more individuals who are responsible for overseeing the use of, and monitoring the content posted to, such WooBoard (your “WooBoard Administrator”).

Users should ensure they comply with their particular company’s policies, guidelines, and procedures concerning the User Content they post to the Service. You may delete your own User Content from your WooBoard account. Your WooBoard Administrators may delete User Content of one or more Users on your WooBoard account.

License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, revocable, personal license to use the Service. We reserves all rights not expressly granted herein in the Service and the WooBoard Content (as defined below). We may terminate this license at any time for any reason.

Our Proprietary Rights

Except for your User Content, the Service and its associated materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “WooBoard Content”), and all Intellectual Property Rights related thereto, are the exclusive property of us and our licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any WooBoard Content or any other materials or content accessible on the Service. Use of the WooBoard Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous and without restriction and will not place us under any fiduciary, contractual or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any compensation or reward to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees or contractors, or obtained from sources other than you.

Privacy

We are committed to complying with our privacy obligations. For more detail on how we collect, use and disclose your personal information, please refer to our privacy policy which is located here: www.wooboard.com/privacy

Security

We have implemented commercially reasonable technical and organisational measures designed to secure your personal information and User Content from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

For more information on the security infrastructure and measures for the Service, please view our Security Policy which can be found here: https://www.wooboard.com/security

Third-Party Websites or Services

The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly release WooBoard from any and all liability arising from your use of any third-party website or services or third party owned content.

Indemnity

You agree to indemnity us and our subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of any country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, neither we, our subsidiaries, parent or licensors warrant that the Service or WooBoard Content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and WooBoard will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Modifications to the Service

WooBoard reserves 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.

WooBoard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we, our affiliates, directors, employees or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of WooBoard Content or User Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

General

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party to this Agreement must at its own expense do everything reasonably necessary to give full effect to this Agreement and the acts contemplated by it.

This Agreement is governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.