Last updated: September 23, 2014

Welcome to the Fluxey web site operated by Native Dynamics Pty Ltd.

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://fluxey.com products and services (the “Service”, “Services”) operated by Native Dynamics Pty Ltd (“Fluxey”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. If you will be using the Service on behalf of an organisation, you agree to these Terms on behalf of that organisation and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organisation.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Accounts

Accurate Account Information

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Account Password Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Backup of Your Information

You are responsible for maintaining and protecting backups of your content. Fluxey is not liable for any failure to store, or other loss of, your content.

Abandoned Accounts

We may terminate your account and delete your content if there is not account activity for a period of 12 months. Account activity is defined as an payment to Fluxey, or log in to the Service.

Fees and Payments

Fees

You agree to pay Fluxey fees for each Service you purchase or use, in accordance with the pricing and payments terms presented to you for that Service. Where the Service is billed on a subscription basis you will be billed in advance on a recurring periodic basis. Your subscription will renew at the beginning of each billing cycle unless you cancel the renewal on the “Account Settings” web page.

You may cancel your subscription at any time, after which the Service will be provided until the end of the then-current billing cycle and then terminated. A refund will not be provided for a the remainder of a billing cycle unless otherwise required by law. Where applicable you will be billed using the payment method you select on the account settings page.

Price Changes

We may change the fees for any Services at any time. Your continued use of the Services shall be deemed acceptance of any new or changed fees. Where the Service is billed on a subscription basis the change of fees will only be applied at the end of the then-current billing cycle. We will provide reasonable advance notice by email of any change in fees to give you an opportunity to cancel your subscription before the change in fees becomes effective.

Taxes

Fees set out herein are exclusive of all taxes and you shall pay (and Fluxey shall have no liability for), any taxes, tariffs, duties and other charges or assessments imposed or levied by any government or governmental agency in connection with this Agreement, including, without limitation, any federal, state and local sales, use, goods and services, value-added and personal property taxes on any payments due Fluxey in connection with the Fluxey Services provided hereunder, except for tax based solely on the net income of Fluxey.

Fluxey Services

During your use of the Service, and in accordance with these Terms, Fluxey will use reasonable commercial efforts to provide Customer access to and use of the Service and other related material described in these Terms. Fluxey is under no obligation to provide extended customer service or consulting services as part of this Agreement.

Acceptable Use

  1. You must use the Services in compliance with, and only as permitted by, applicable law.

  2. You may not circumvent or attempt to circumvent any limitations that we impose on your account.

  3. The Services are provided to one person or organisation per account. Unless authorised by us in writing, you may not resell or lease the Services.

  4. You must not use one account to perform services on behalf of multiple persons or organisations. To perform services on behalf of other persons or organisations you must create one additional account per additional party.

  5. You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. We will endeavour to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to us.

  6. You agree to not use this service for the purpose of abusing, bullying or defaming a person or party.

  7. You must not upload or distribute illegal or objectionable content via this service.

  8. Should your use of the service be required to comply with third party regulations, such as industry body compliance, you will be solely responsible for ensuring this compliance. You may not use the Service in a way that would require Fluxey to comply with those Regulations unless you have received agreement with Fluxey in writing. Please contact Fluxey to seek agreement or if you require additional information about the Service.

  9. The Service may not be used to exchange governmental identification information, passwords, social security numbers, banking details, credit card information, or any other financial information.

If you breach these conditions your account may be cancelled or suspended and offending content may be deleted at our discretion.

Privacy and Confidentiality

Privacy

While using the Services you may submit content to us, or third parties may submit content to you through the Services (you Content). Our treatment and usage of this Content is detailed in our Privacy Policy.

Confidentiality

Fluxey will treat any information received via the Service from you or third parties as confidential. However this information may be disclosed by Fluxey if the information is:

  1. already known to Fluxey without an obligation of confidentiality,

  2. publicly known or becomes publicly known through no unauthorised act of Fluxey,

  3. rightfully received from a third party without any obligation of confidentiality,

  4. independently developed by Fluxey without use of confidential information,

  5. approved for disclosure by You.

Your Content

Ownership

You retain ownership of all of your intellectual property rights in your Content. Fluxey does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services.

You must respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property in your use of the Service.

Fluxey responds to copyright infringement allegations in accordance with the Australian Copyright Act and similar U.S. Digital Millennium Copyright Act. Contact a Fluxey representative with claims of copyright infringement.

Content Review

In general Fluxey is under no obligation to monitor and review content submitted to the Services. However, you acknowledge that in order to maintain compliance with our legal obligations we may be required to review content submitted by you or others via the Service to determine whether it violates these Terms. We may also delete, modify or refuse to display content that we believe is in violation of these Terms.

Fluxey Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Fluxey and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fluxey. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Fluxey.

Fluxey has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fluxey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination of Services

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

By You

If you wish to terminate your account, you may cancel your subscription on the “Account Settings” page as described in the “Fees” sections of these Terms and discontinue using the Service. If you have a free account you may simply discontinue using the Service.

By Fluxey

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Repeatedly or egregiously breaching these Terms of service may results in Fluxey taking measures to prevent further use of the Service by You, including blocking your IP address or blocking your email domain.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Fluxey will constantly change and improve the Services over time. We may, modify or remove functionality and content without prior notice. If we discontinue a Service we will endeavour to provide reasonable advanced notice to allow you to export your content.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. 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, non-infringement or course of performance.

Fluxey its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Severability

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

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.

Contact Us

If you have any questions about these Terms, please contact us.