By using the Luxie Tech apps and web site ("Service"), or any services of Jack Taylor Group Pty Ltd t/as upstream tech, you are agreeing to be bound by the following terms and conditions ("User Agreement"). If you are the designated administrator for an Account, you must also agree to be bound by the Terms of Service as outlined below, which describe the policies and fees for using the Service.
You must provide your full name, a valid email address, and any other information requested in order to complete the signup process.
Luxie Tech cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and Content (data) that is uploaded under your Service account.
You must not upload, post, or transmit unsolicited email, SMS, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not store sensitive personally identifiable information on the site. "Sensitive personally identifiable information" includes any information which if lost, compromised, or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. This includes, but is not limited to, tax file number, medicare number, driver's license number, passport number for example.
You may not use the Service for any illegal or unauthorized purpose.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Luxie Tech.
You must be 16 years of age or older to use the Service.
A breach or violation of any of the Account Terms as determined by the sole discretion of Luxie Tech will result in an immediate termination of your services.
Luxie Tech reserves the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
Luxie Tech does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Luxie Tech does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Technical support is only available via live chat and email.
You understand that Luxie Tech uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
In the event you change or deactivate your mobile telephone number, you will update your account information on the Luxie Tech platform within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You understand that your Content may be transferred encrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You retain ownership over all content that you submit to your Service account, however, by making your content public, you agree to allow others to view your content.
Luxie Tech does not warrant that
- the service will meet your specific requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Service will be corrected.
You expressly understand and agree that in no event shall Luxie Tech, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Luxie Tech has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service;
- or any other matter relating to the service.
The failure of Luxie Tech to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Luxie Tech and govern your use of the Service, superseding any prior agreements between you and Luxie Tech (including, but not limited to, any prior versions of the Terms of Service).
Luxie Tech reserves the right to assign this User Agreement or any part thereof without restrictions.
Luxie Tech has no obligation to retain account information upon termination/cancellation of an account.
All accounts include access to Email and chat support. "Email support" means the ability to make requests for technical support assistance by email or web-based help desk at any time (with reasonable efforts by Luxie Tech to respond within one business day) concerning the use of Service.
All support will be provided in accordance with Luxie Tech standard practices, procedures and policies.
Modifications to the Service and Prices
Luxie Tech 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.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Service site or the Service itself.
Luxie Tech shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Changes to the User Agreement
Luxie Tech reserves the right to update and change the User Agreement and/or Terms of Service from time to time without notice and at its sole discretion.
Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the User Agreement and Terms of Service at any time or use the Terms of Service link provided on the bottom of every screen. Luxie Tech reserves the right to update and change the User Agreement by posting updates and changes to the Service website. You are advised to check the User Agreement and Terms of Service from time to time for any updates or changes that may impact you.
Copyrights and Intellectual Property
This Agreement does not transfer from Luxie Tech to you any Luxie Tech or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Luxie Tech. the logo, and all other trademarks, service marks, graphics and logos used in connection with the Luxie Tech platform, or the Website are trademarks or registered trademarks of Luxie Tech or Luxie Tech' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Luxie Tech or third-party trademarks. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that Luxie Tech will aggressively enforce its intellectual property rights to the fullest extent of the law.
The look and feel of the Service is copyright. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Luxie Tech.
Questions about the Terms of Service should be sent to the support email address email@example.com
Fees for Service
Each Luxie Tech platform account must have an account administrator. The account administrator is solely responsible for all charges on the account and must keep their contact and billing information current on the Luxie Tech platform.
The account administrator can view account balance and pricing structure from the billing screen. This page can be found by clicking the link labelled "billing" in the upper right-hand corner of your site.
By selecting a paid plan, you agree to pay Luxie Tech the monthly, or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a paid plan and will cover the use of that service as indicated. Service fees are not refundable.
All trial sites are subject to the following policies:
Any site that does not upgrade to a paid plan within six months of the end of the trial period will be deleted and all site data will be purged.
Trial sites will not be accessible after the end of the trial period. The site owner will be able to log in and upgrade the account to a paid plan. Once the account is upgraded to a paid plan, data created during the trial period will be accessible.
Per-Person Billing Plan
The following terms apply for any account that is enrolled in a per-person billing plan:
A per-person billing plan allows for a maximum number of active users. Accounts enrolled in a per-person plan are required to keep their active user count at or below the plan limit for active users. An account's active user count will be determined by counting the number of individual user logins that are marked ‘active’ and can log in to the platform.
Payments will be charged on the day you sign up for a per-person billing plan and will cover the use of the service for a semi-annual or annual period as indicated. Service fees are not refundable.
By signing up for an account, the site owner agrees to pay Luxie Tech the setup fees and monthly hosting fees indicated at signup, in exchange for the services listed.
Applicable fees will be invoiced starting from the day the site owner enrols in a paid plan and in advance of using such services.
The site owner may upgrade their account to a per-person billing plan with a higher user count. When this occurs, the account administrator will be charged the pro-rated amount for the upgrade. The current date and the end date of the current billing cycle will be used to calculate the correct amount.
The site owner may not downgrade their account to a per-person billing plan with a lower user count until the end of a billing cycle.
If a site owner does not renew their account, all account data will be purged after six months.
Contact Information and Account Cancelation
The account administrator must maintain a current email address on the Luxie Tech platform.
The account administrator is solely responsible for properly cancelling the Service. An email or phone request to cancel the Service is not considered cancellation. Account administrators can cancel the Service at any time by opening a support ticket in the Luxie Tech platform Help Desk.
All account Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
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