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TERMS OF USE
Effective: These Terms of Use are effective as of the date of your first use of the Services.
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789 Artificial Intelligence Technology Holdings Pty Ltd (“the Company”/”we”/“us”/”Our”) registered by the following address - Unit 5, 237 Stirling Highway, Claremont Western Australia, 6010
(“the Company”/ “we” / “us”/”Our”) owns and operates the website at
http://www.vitrutec.com as well as related products together, including any content, functionality, products, and services, such as the mobile applications, provided by
789 Artificial Intelligence Technology Holdings Pty Ltd (collectively “Service(s)”)
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These Terms together with our Privacy Policy and any documents they incorporate by reference, govern your access to and use of
https://www.vitrutec.com. Please read these Terms and Privacy Policy carefully before you start to use our Services. By using the Website and/or our Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at our website incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
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These Terms are the general terms and conditions on which we supply all our Services. Some of our paid Services, which we market for subscription, may be subject to additional terms and conditions, service and/or license agreements or such other applicable agreement between you and the company relating to your access to and use of such Services (“Service Agreements”). In the event of any conflict between the terms and conditions of these Terms of Use and the terms and conditions of any Service Agreement, the respective Service Agreement shall prevail.
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CHANGE OF MODIFICATIONS
The Company also reserves the right at any time to modify or withdraw (temporarily or permanently) the Website, any portion of the Website and/or Services with or without notice to you. The Company shall not be liable on any basis, to you or to any third party, for any modification, suspension or discontinuance of the Website and/or Services. Your continued use of the Website and/or the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
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The Website is made available by the Company which is based in Australia. The Company makes no representations in relation to the appropriateness or availability for use of the Website and the Services or the Content of the Website and the Services in other locations. Access to the Website and/or the services and their content from territories where the Content or use is illegal is prohibited. If you choose to access the Website and/or the Services and their Content from locations outside Australia you do so on your own initiative and you are responsible for compliance with applicable local laws.
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PRIVACY POLICY
For information regarding our collection and use of personally identifiable information, please carefully read our Privacy Policy which is incorporated into these Terms by this reference. By accessing or using the Services, you agree that we can collect and use your personally identifiable information in accordance with the Privacy Policy.
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ELIGIBILITY
Our Services are not intended to be used by minors. You must be at least eighteen (18) years old to use the Services. If we determine that you are under the age of eighteen (18), we will terminate your use of the Services.
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USE OF THE WEBSITE, ACCOUNTS AND SERVICES
With respect to your use of the Website and our Services and their content and all communications you make to the Company, including but not limited to photographs, feedback, questions, comments, ideas, suggestions, technical recommendations etc (“the Content”), you acknowledge and agree that:To access the Website or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.You are responsible for any Content that you send to us and you warrant that you created or have the necessary rights and permissions to submit the Content to the Website or our Services and that in so doing you do not infringe any third party intellectual property, privacy or any other rights and you will not provide access to or link to any material which may infringe the intellectual property rights or other legal rights of another person or entity.You agree to use our Website and Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. In order to access the Services, you are required to create a personal account by providing, accurate, true, current and complete information about yourself as prompted by the relevant registration processes (the “Registration Data”). You must promptly update your Registration Data as necessary to ensure it remains accurate, true, current and complete.If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the company has reasonable grounds to believe that such Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to or use of the Services.Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account.You may be asked to create or you may receive a password and username designation upon completing the registration process. Such passwords or usernames will be for the exclusive and non-transferable use by you. You are responsible for safeguarding the confidentiality of the password and you are fully responsible for all activities that occur under your password or account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.You agree that you will not use another person's and entity's information including username, password or other account information. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Services.If there is an indication that you are in breach of these Terms, or that your account has been compromised, the company may suspend, restrict or remove your access to the Services immediately without prior notice. The company may also remove your account or restrict your access to the Services.
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ALL USERS MUST NOT
Modify copies of any materials from this Website and/or the Services.
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Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or modify, reproduce or distribute any of the content, intellectual property, trademark, service mark, logo, or the design or layout of our Website or our Services, or individual sections of the content, design or layout of the Website or our Services without our express prior written permission.
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Your use of the Website and/or the App is for any commercial use of the Website and/or the Services. You will not advertise or promote any products or services on the Website and/or the Services without the prior written consent of the Company.
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Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website and/or the Services.
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If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website and/or the Service in breach of the Terms of Use, your right to use the Website and/or the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Services, or any content on the Website or Services is transferred to you, and all rights not expressly granted are reserved by the Company.
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Under no circumstances submit any Content or material that is illegal, offensive, discriminatory, harassing or threatening, abusive, defamatory or vilifying in any way or manner including racially or sexually, obscene, pornographic or that includes indecent material of any kind and not post, submit or send any material to the Website or Services containing viruses, harmful codes or bugs and bypass or attempt to bypass the Website's or the Services' security measures, or obtain or attempt to obtain any confidential info of the company or personal information of other users.
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PAYMENTS
You shall remain responsible at all times for any costs associated with any internet access used as a result of your use of the Services or of the Website.Some of our Services are paid. Whenever Services are available for purchase from the company, the Services shall include specific terms, conditions, and policies applicable to that Services. These conditions will be outlined in the relevant Service Agreements. You agree to pay for all account services provided on the Services and any other charges incurred in connection with your account for your use of the Services.We may offer free trials for some Services. The period of the free trial period will also be specified within its relevant Service Agreement. The Company determines free trial eligibility at its sole discretion, and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to modify, change and delete the free trial service if we determine that you are not eligible.The Company reserves the right at any time to adjust our subscription plans and the price of our Services. All fees are payable in advance and all payments for the Services are final and non-refundable, except as stated herein, Cancellation and Refund Policy.
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Content and Intellectual Property
In these Terms the content and materials, including without limitation software, information, data, logos, marks, designs, images, text, graphics, buttons, domain names, meta-tags and the general 'look and feel', contained in or available through the Services (including, without limitation, Anura and the Site) is called “Content”.All Content and all software available on or in respect of the Services or used to create and operate the Services and any future updates, upgrades and new versions thereof is the property of the company or its licensors, and is protected by Australian and international intellectual property laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. We reserve all rights in and to the Content, and the Services.
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User Content
During your access or use of the Services, you are enabled or otherwise required to post, upload, store, share, send, or display your personally identifiable information and other data, profiles, opinions, messages, notes, comments, and any other information and content (“User Content”) to and via the Services. We have the right, but not the obligation, to monitor User Content posted or uploaded to the Website and/or Services to determine compliance with these Terms and the applicable law. we reserve the right, and have absolute discretion, to screen, edit, refuse to post, or remove without notice any User Content posted or uploaded to our Services at any time and for any reason. The Company does not warrant that the services that make the Website or the App available will be error, bug or virus free. It is your responsibility to make adequate provision against such threats.
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SECURITY OF THIRD-PARTY WEBSITES AND CONTENT
The Services may prompt or contain links to websites, applications or other products or services operated by Third Party service providers. We do not endorse, monitor or guarantee the quality, reliability or suitability of any such Third-Party services, which are subject to separate terms of use and privacy policies between you and the service providers. We are not responsible or liable for any matters, losses or damages relating to your downloading, use or transactions with such Third-Party Services that may be accessible via the Services.The Services may also prompt or contain third party advertisements. All such advertisement are paid for by the relevant third-party advertiser and are not recommendations or endorsements by the Company or its affiliates. You should refer to the relevant advertiser for information on its products and/or services. We have no responsibility or liability for in respect of such third-party advertisements. Any use of and reliance on such information is at your own risk. Any misconduct of other users or third parties on the Website or Services may be reported by emailing the Company at
[email protected]. We may in our sole discretion to take appropriate action if necessary.
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DISCLAIMERS
Not for Medical PurposesOUR SERVICES ARE NOT INTENDED FOR MEDICAL PURPOSES.THE SERVICES DO NOT OFFER ANY KIND OF MEDICAL ADVICE AND ARE NOT INTENDED FOR ANY MEDICAL USE OR PURPOSES. OUR SERVICES ARE INTENDED FOR INFORMATION SERVICE ONLY. THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS THAT YOU MAY SUFFER AS A RESULT OF ADVICE VIA OUR SERVICES.THE ESTIMATIVE MEASUREMENTS (“MEASUREMENTS”) ARE PROVIDED TO YOU OF YOUR BODY AT DIFFERENT TIME, LOCATIONS AND WEARING CONDITIONS UNDER DIFFERENT ENVIROMENTS. THE MEASUREMENTS WE PROVIDE TO YOU ARE NOT INTENDED TO BE UTILIZED FOR ANY MEDICAL PURPOSES OR TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE, AILMENT OR INJURY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE WE ARE NOT PROVIDING ANY MEDICAL ADVICE VIA OUR SERVICES. ALL CONTENT PROVIDED BY OUR SERVICES INCLUDING THE MEASUREMENTS IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, AND (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR HEALTHCARE PROVIDER PROMPTLY.
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LIMITATION OF LIABILITY
You waive and shall not assert any claims or allegations of any nature whatsoever against the company, its affiliates or subsidiaries, their Suppliers, any of their successors or assigns, or any of their respective officers, directors, agents or employees arising out of or in any way relating to your use of the Services or any Third Party services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any related Parties have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services or any Third Party services. You use the Services or any Third Party services at your own risk.Without limiting the foregoing, neither the company nor any other related Parties shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services or any Third Party Services, including without limitation any damages caused by or resulting from your reliance on the Services or any Third Party Services or other information obtained from the company or any other related Parties or accessible via the Services or any Third Party Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from goodwill, communications failure, theft, destruction or unauthorized access to the Services or any other related parties records, programs or services.In no event shall the aggregate liability of the company, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services exceed any compensation paid by you for access to or use of the Services during the agreed period prior to the date of any claim. In no event shall the company have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, arising out of or relating to the use of any Third-Party services.
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INDEMNITY
You will indemnify and hold harmless the company and any related Parties from and against any claims, lawsuits, demands, disputes or investigations brought by any third party, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable legal costs, arising out of or in any way connected with: (i) your access to or use or misuse of the Services, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party (collectively, “Indemnified Claims”). The company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by us in the defense of any Indemnified Claims.
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GOVERNING LAW AND DISPUTE RESOLUTIONS
All matters relating to the Website, the Services and these Terms and conditions, any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia and any courts hearing appeals from those courts.
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GERNERAL TERMS
Except as otherwise stated herein, the Privacy Policy and these Terms shall constitute the entire agreement and understanding between you and the company for the use of the Services and supersede all prior or contemporaneous communications whether electronic, oral or written between you and the Company regarding your use thereof. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. If for any reason, a provision of these Terms is determined to be invalid or void, and unenforceable, it shall be excluded, and the other provisions remains in full force and effect. We failure or delay enforcing any right or provision of these Terms will not be considered a waiver of those rights. The company may assign any or all its rights hereunder to any party without your consent. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
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Contact Us
The Services are operated and provided by the company. If you have any questions about these Terms or the Services, please email us at
[email protected]