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Terms Of Service

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1. Acceptance Of Terms

Add'em Up provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://training.addemup.com.au/termsofservice.php . In addition, when using particular Add'em Up owned or operated services, you and Add'em Up shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Add'em Up may also offer other services that are governed by different Terms of Service.

2. Summary Of Service

Add'em Up provides users with access to a rich collection of resources, including various search services, communications tools, forums, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Add'em Up to provide the Service. You also understand and agree that the Service may include certain communications from Add'em Up, such as service announcements, administrative messages and the Add'em Up Newsletter, and that these communications are considered part of Add'em Up membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Add'em Up properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Add'em Up assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. Usage Of Add'em Up Services

3a. Your use of Add'em Up's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Add'em Up under a separate written agreement) is subject to the terms of a legal agreement between you and Add'em Up. Add'em Up, whose principal place of business is at 15/10-14 Mildred Avenue, Hornsby, NSW, Australia. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

3b. Unless otherwise agreed in writing with Add'em Up, your agreement with Add'em Up will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".

3c. Your agreement with Add'em Up will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

3d. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Add'em Up in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

3e. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

4. Language of the Terms

4a. Where Add'em Up has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Add'em Up.

4b. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

5. Understanding And Accepting the Terms

5a. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

5b. You can accept the Terms by:
  1. clicking to accept or agree to the Terms, where this option is made available to you by Add'em Up in the user interface for any Service; or
  2. by actually using the Services. In this case, you understand and agree that Add'em Up will treat your use of the Services as acceptance of the Terms from that point onwards.

5c. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Add'em Up, or (b) you are a person barred from receiving the Services under the laws of the Australia or other countries including the country in which you are resident or from which you use the Services.

6. Provision of the Services by Add'em Up

6a. Add'em Up has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Add'em Up itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

6b. Add'em Up is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Add'em Up provides may change from time to time without prior notice to you.

6c. As part of this continuing innovation, you acknowledge and agree that Add'em Up may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Add'em Up's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Add'em Up when you stop using the Services.

6d. You acknowledge and agree that if Add'em Up disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

6e. You acknowledge and agree that while Add'em Up may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Add'em Up at any time, at Add'em Up's discretion.

7. Use of the Services by you

7a. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Add'em Up will always be accurate, correct and up to date.

7b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).

7c. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Add'em Up, unless you have been specifically allowed to do so in a separate agreement with Add'em Up. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

7d. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

7e. Unless you have been specifically permitted to do so in a separate agreement with Add'em Up, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

7f. You agree that you are solely responsible for (and that Add'em Up has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Add'em Up may suffer) of any such breach.

8. Your passwords and account security

8a. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

8b. Accordingly, you agree that you will be solely responsible to Add'em Up for all activities that occur under your account.

8c. If you become aware of any unauthorized use of your password or of your account, you agree to notify Add'em Up immediately at http://training.addemup.com.au/contactus.php .

9. Privacy and your personal information

9a. For information about Add'em Up's data protection practices, please read Add'em Up's privacy policy at http://training.addemup.com.au/privacy.php . This policy explains how Add'em Up treats your personal information, and protects your privacy, when you use the Services.

9a. You agree to the use of your data in accordance with Add'em Up's privacy policies.

10. Content in the Services

10a. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

10b. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Add'em Up (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Add'em Up or by the owners of that Content, in a separate agreement.

10c. Add'em Up reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

10d. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

10e. You agree that you are solely responsible for (and that Add'em Up has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Add'em Up may suffer) by doing so.

11. Proprietary rights

11a. You acknowledge and agree that Add'em Up (or Add'em Up's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Add'em Up and that you shall not disclose such information without Add'em Up's prior written consent.

11b. Unless you have agreed otherwise in writing with Add'em Up, nothing in the Terms gives you a right to use any of Add'em Up's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

11c. Other than the limited license set forth in Section 13, Add'em Up acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Add'em Up, you agree that you are responsible for protecting and enforcing those rights and that Add'em Up has no obligation to do so on your behalf.

11d. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

11e. Unless you have been expressly authorized to do so in writing by Add'em Up, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

11f. For information about Add'em Up's data protection practices, please read Add'em Up's privacy policy at http://training.addemup.com.au/privacy.php .

12. License from Add'em Up

12a. Add'em Up gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Add'em Up as part of the Services as provided to you by Add'em Up (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Add'em Up, in the manner permitted by the Terms.

12b. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Add'em Up, in writing.

12c. Unless Add'em Up has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

13. Content licence from you

13a. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Add'em Up a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Add'em Up to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

13b. You agree that this licence includes a right for Add'em Up to make such Content available to other companies, organizations or individuals with whom Add'em Up has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

13c. You understand that Add'em Up, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Add'em Up to take these actions.

13d. You confirm and warrant to Add'em Up that you have all the rights, power and authority necessary to grant the above licence.

14. Ending your relationship with Add'em Up

14a. The Terms will continue to apply until terminated by either you or Add'em Up as set out below.

14b. If you want to terminate your legal agreement with Add'em Up, you may do so by (a) notifying Add'em Up at any time and (b) closing your accounts for all of the Services which you use, where Add'em Up has made this option available to you. Your notice should be sent, in writing, to Add'em Up's address which is set out at the beginning of these Terms.

14c. Add'em Up may at any time, terminate its legal agreement with you if:
  1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  2. Add'em Up is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  3. the partner with whom Add'em Up offered the Services to you has terminated its relationship with Add'em Up or ceased to offer the Services to you; or
  4. Add'em Up is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
  5. the provision of the Services

    For further information please 'contact us'.


 
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