Terms of Service
ANY PERSON OR ENTITY ("User") ACCESSING THE You'reOnTime WEB SITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS YoureOnTime.com WEB SITE TERMS OF USE ("Agreement"):
This Agreement is a legal agreement between the User and You'reOnTime (Service Provider) for the YoureOnTime Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorised to use the Software Application Services.
1. Payment
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. User must supply the Service Provider with correct credit card information or similar payment information, and any changes in credit card validity or expiration date must be updated. You'reOnTime hold the the right to change the pricing at any time, the renewal charge will be equal to the original subscription price, unless the Service Provider notifies User otherwise in advance. If the credit card cannot be processed for any reason, Service Provider reserves the right to cancel the Service.
2. Member account, password and security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Service Provider of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Service Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. Member conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Service Provider, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Service Provider does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Service Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Service Provider's web site or any other aspects of the Service, in any manner. If User in any way Interferes with the Service Provider's web site or other aspects of the Service, User agrees to pay all damages incurred by the Service Provider, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by the Service Provider. User's Interference with the Service Provider's web site or other aspects of the Service relieves the Service Provider of any of its contractual or other legal obligations to User, including the Service Provider's obligations under its Privacy Policy. The Service Provider will cooperate with the authorities in prosecuting any User who Interferes with the Service Provider's web site or any other aspect of the Service, attempts to defraud the Service Provider, or attempts to defraud credit card companies or any other parties through User's use of the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Service Provider official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Violation of any of the items in this Section relieves the Service Provider of any of its contractual or other legal obligations to User, including the Service Provider's obligations under its Privacy Policy.
The Service Provider reserves the right to refuse any or all service to any User for any reason, at any time, at the Service Provider's sole discretion. User agrees that the Service Provider may block its IP address or addresses at any time, and at the Service Provider's sole discretion, thereby disallowing User's continued use of You'reOnTime, its website, and all associated services.
4. Modifications to service
The Service Provider 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. You agree that the Service Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Service Provider has no responsibility or liability for the deletion or failure to store or transmit any email data or other Content maintained or transmitted by the Service. You acknowledge that the Service Provider reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that the Service Provider reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. Copyrights
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.
All title and copyrights in and to the Software are owned by the Service Provider or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
6. Links to third parties
The Service Provider makes no claims or representations about any Web Site not under the Service Provider's control that a User may access from the Service Provider's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by the Service Provider or otherwise on the Service Provider's web site does not constitute the Service Provider's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
7. Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE You'reOnTime WEBSITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE YoureOnTime WEBSITES/SERVICES AND TO THE INFORMATION THEREIN. THE SERVICE PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN YoureOnTime WEBSITES/SERVICES AT ANY TIME.
You'reOnTime AND NewChurchTek Pty Ltd AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE YoureOnTime WEBSITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YoureOnTime AND NewChurchTek AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT You'reOnTime AND NewChurchTek Pty Ltd SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A YoureOnTime WEBSITE/SERVICE. YOU SPECIFICALLY AGREE THAT YoureOnTime AND NewChurchTek IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT YoureOnTime AND NewChurchTek IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN YoureOnTime WEBSITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL You'reOnTime AND NewChurchTek Pty Ltd AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE YoureOnTime WEBSITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE YoureOnTime WEBSITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE YoureOnTime WEBSITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE YoureOnTime WEBSITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YoureOnTime AND NewChurchTek OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE YoureOnTime WEBSITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE YoureOnTime WEBSITES/SERVICES.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by You'reOnTime