Your use of NowYouCan products, software, services, apps and web sites (referred to collectively as “Services” in this document) is subject to the terms of the legal agreement between you and NowYouCan.
If you choose to purchase goods or services through this site, the following text includes the terms of agreement between NowYouCan Pty Ltd (“NowYouCan” or “Company”) and the buyer (“Buyer”) of goods or services through the NowYouCan’s Website or App (collectively mentioned as the “Site”). The term “NowYouCan” or “us” or “we” or “our” refers to the owner of the site and the provider of the services. The term “you” refers to the user or viewer of our Web Site and the user of the services.
If you do not agree to these terms, you will not be able to use this site or service for any purpose, so please review these terms carefully:
General Provisions Applicable (To Any Use Of The Site And Services)
Acceptance Of Agreement
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or concurrent agreements, representations, warranties and understandings with respect to the Site and Services, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time without specific notice to you.
The content, organization, graphics, design, compilation, algorithm and other matters related to the Site and Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site or any part of feature of the Services, except as allowed by Permitted Uses below, is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials viewed through the Site or Service. The posting of information or materials on the Site and Service does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
NowYouCan.io and other service marks linked to our site are trademarked service marks or registered service marks. Other product and company names mentioned on the Site or during the Service work may be trademarks of their respective owners.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with this Agreement;
No print out or electronic version of any part of the Site and Service or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Not Alternative to Life Threatening or Emergency Reporting
Buyer and their associated users warrant that the software and services provided by NowYouCan are not an alternative to reporting life threatening and other emergency incidents and cannot be used to call or send messages to 911/000/999 and/or any other country specific applicable Emergency services number. You represent and warrant that you and associated users will not rely on NowYouCan Services in environments requiring fail-safe performance or in which the failure of the NowYouCan Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that you have made this fact known to all of your associated users.
Restrictions And Prohibitions On Use
Your license for access and use of the Site and Services and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:
You may not:
- use the Site or Services or any materials obtained from the Site or Services to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
- create compilations or derivative works of any Content and Materials from the Site or Services;
- use any Content and Materials from the Site or Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
- remove, decompile, disassemble or reverse engineer any Site or Services software or use any network monitoring or discovery software to determine the Site or Services plan architecture;
- use any automatic or manual process to harvest information from the Site or Services;
- use the Site or Services for the purpose of gathering information for or transmitting
(i) unsolicited commercial email;
(ii) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
(iii) unsolicited telephone calls
(iv) use the Site or Services in a manner that violates any state or federal law regulating email or telephone solicitations;
Linking To The Site And Our Services
You may provide links to the Site and our Services, provided:
- that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site and Services,
- your site does not engage in illegal or pornographic activities,
- you discontinue providing links to the Site and Services immediately upon request by us.
The Site and Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site and Services is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Our Service requires you to register. If you register, you agree to provide us with accurate, complete registration information. Your registration must be done using your name and accurate information.
Each registration is for your use only and not on behalf of any other person or entity. We do not permit:
(a) any other person using the registered sections under your name or username; or
(b) access through a single user name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use. You are responsible for maintaining the security of your account and password. You are also responsible for all Content posted and activity that occurs under your account.
Errors, Corrections And Changes
We do not represent or warrant that the Site and Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site and Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site and Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site and Services.
Third Party Content
Third party content may appear on the Site and Services or may be accessible via links from the Site and Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site or Services provided to you. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our beliefs or opinions.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Use Of Information
The company may store data provided by the client that is a trade secret. If the client enters data to our database which the client considers to be the trade secret, the client understands that the data is subject to all normal risks. The client understands that NowYouCan is not responsible for any losses associated with the disclosure of the confidential information which the client entered to NowYouCan database.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, and customer service. We are not a responsible party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement.
Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site and services.
Forward Looking Statements
The Site and Services may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site and Services, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and Services and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities.
Links To Other Web Sites
The Site and Services may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site and Services pages does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and Services and access these third-party sites, you do so at your own risk.
The Site and our Services contain information about us. We disclaim any duty or obligation to update this information. Information about companies other than ours should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and our Services and the Content and Materials provided therein.
Additional Terms and Conditions relating to Any Goods or Services Provided
Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
Your right to use the Site and Services is not transferable or assignable. Any username, password or right given to you to obtain information or documents is not transferable or assignable.
Copyright Over Purchased Goods Or Services
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters provided by NowYouCan are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site or Services is prohibited.
Editing, Deleting, And Modification
NowYouCan reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and Services and to remove any goods and services for sale. Upon notice published over the Service, NowYouCan may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site and Services in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site and Services with respect to transactions occurring after said date.
Right To Refuse
NowYouCan reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site and Services.
The information, content and documents from or through the site and services are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
The information and services may contain bugs, errors, problems or other limitations. we and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in this contract.
In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
We and our affiliated parties are also not liable for any loss or disclosure of information from you or your company.
The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you.
This site and the products, services, documents and information presented would not be provided without such limitations.
No advice or information, whether oral or written, obtained by you from us through the site, services or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
Limitation Of Liability
- We and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
(i) any errors in or omissions from the site or any services or products obtainable therefrom;
(ii) the unavailability or interruption of the site or services or any features thereof;
(iii) your use of the site or services;
(iv) the content contained on the site or services;
(v) any loss or disclosure of information from you or your company; or
(vi) any delay or failure in performance beyond the control of a covered party.
The sole and entire maximum liability of NowYouCan, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular items purchased.
NowYouCan and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The limitations of damages set forth above are fundamental elements of the basis of the trade terms between NowYouCan and buyer. This site and goods and services would not be provided without such limitations. some state statutes may apply regarding limitation of liability.
You agree that you will pay the charges incurred by you at the agreed and disclosed prices, including any applicable taxes
A valid credit card is required for payment on accounts.
Any deposit made by Buyer to NowYouCan for purchase of Goods or Services is non-refundable.
If you sign up for monthly service, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
We reserve the right to alter or increase the fees for monthly service. For any upgrade or downgrade in your plan level, your credit card that you provided will be automatically charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features and capacity of your Account. NowYouCan does not accept any liability for such loss.
All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties.
You are solely responsible for properly cancelling your account. You can cancel your Account at any time by requesting this in writing.
NowYouCan, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other NowYouCan’s services, for any breach of terms stated here or updated terms at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your account, and the forfeiture and relinquishment of all data in your account.
Use Of Information
NowYouCan reserves the right, and Buyer authorizes NowYouCan, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
Your use of the Service and the Website is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email, chat or through the website. You understand that the response time to requests for technical support can be up to and exceeding two (2) business days under some circumstances.
You understand that NowYouCan uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service. Where third party is involved to resolve the support request the response time can be up to and exceeding five (5) business days under some circumstances.
This Agreement shall be treated as though it were executed and performed in New South Wales (NSW) Australia and shall be governed by and construed in accordance with the laws of the State of NSW.
Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the disclaimers and limitations of liability set forth in this contract.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of Commercial Arbitration Act 2010 NSW.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in NSW Australia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in NSW necessary to protect the rights or property of you and us pending the completion of arbitration.
Each party shall bear one-half of the arbitration fees and costs.