Terms and Conditions of Services

Date of last effective update: June 4th, 2018.

 

 

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at www.volve.io, including its sub-domains and its mobile optimized versions (the “Site”), along with any and all products and services offered thereby.

The Site is provided by Volve Group Pty Ltd. (collectively, the Site and Volve Group Pty Ltd. shall be referred to as “Volve.io”).  These Terms shall be supplemented by our Privacy Policy (the “Policy”), incorporated herein by reference.

The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Volve.io and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site.

 

 

User Acceptance

If you continue to browse and use Volve.io, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, shall govern Volve.io’s relationship with you in relation to the Site, along with any products and services offered thereby (collectively, the “Service(s)”).

 

 

Services

The Services include, but shall not be limited to, running and providing an online platform designed for managing, organizing and simplifying your advertising and marketing campaigns.  Its functionalities include, but are not limited to, project management, content repositories, content creation and preview tools, forums, posts, team management, creation of aggregated databases, and other information.

Volve.io provides a comprehensive platform for managing, organizing and simplifying your advertising and marketing campaigns.  Such functionalities will be further detailed from time to time in guidelines, FAQs and regulations ancillary to these Terms.

Volve.io does not endorse any user generated content, nor the products or services of the organization contracting the advertising or marketing campaigns, and hereby disclaims any and all representation or warranty therefrom.

 

 

Breach of Terms

In the event of your failure to comply with these Terms and Conditions of use, we reserve the right to immediately suspend your access to any and/all part of the Site and/or the Services provided thereby, without notice and without reference to you.  You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach or unauthorized use of your account.

Volve.io encourages you to report violations of our Terms.  Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.

 

 

Updates to the Terms

Volve.io reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice.  Changes to these Terms will be displayed in the Site, and we may also notify you through by email.  Please refer to the last effective date where changes were last undertaken by us, indicated at the end of this document.  Your use of our Services after the effective date of any update –either by account registration or simple use– indicates your acceptance thereof.

 

 

Service Eligibility

You must be over 18 years of age as a legal adult to use our Services or; if you are under 18 years of age, any Service and advertising material, campaigns and content used on Volve.io must be appropriately supervised by an adult or legal guardian.  Volve.io does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.

 

 

Account Information and Use

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account.  You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.

You agree to: (i) immediately notify Volve.io of any unauthorized use of your password or account or any other breach of security; and (ii) ensure that you sign out from your account at the end of each session when accessing the Services.  Volve.io will not be liable for any loss or damage arising from your failure to comply with this section.

 

 

Acceptable Use

Overall, as our user, you agree to not undertake, motivate, or facilitate the use or access of Volve.io in order to:

a. Infringe these Terms, or allow, encourage or facilitate others to do so.

b. Misrepresent your identity or affiliation with any person or organization.

c. Send junk or spam email and other types of communications.

d. Use the Site and the Services in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way.

e. Conduct, display or forward details of any survey, contest, pyramid scheme or chain letter.

f. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

g. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.

h. Undertake or execute any unlawful, criminal or negligent purpose, including but not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, insertion of computer viruses and intentional invasion of privacy.

i. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.

j. Incite or threats of violence or any physical or emotional harm against any person or group of people.

k. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.

l. Devise ways to circumvent security in order to access part of the Site which you are not authorised to access, including but not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access.

 

You must ensure that any content you upload (including photographs) to Volve.io is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party.  This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it.

In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing [email protected]

 

 

Licenses for Volve.io

Limited Licence.  We grant you a limited, non-exclusive, revocable and non-transferable licence to utilize and access the Site and the Services, under the terms, conditions and restrictions set forth in these Terms.  You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Site and our Services, in whole or in part.

User Generated Content Licence.  You hereby grant Volve.io an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all world, right and licence to use, host, store, reproduce, modify, create derivative works, publicly display and distribute such any content you may upload or otherwise any content delivered to Volve.io via the Site or the Services.  The aforementioned license shall be limited in scope to: (i) providing the Services and associated customer and end user support by Volve.io; (ii) displaying the end user generated content to all team members and authorized users of each project management module; and (iii) analyzing and improving our Services. You represent and warrant to Volve.io that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Volve.io as set forth herein.

Feedback.  You hereby grant to Volve.io, an unlimited, non-exclusive, assignable, transferable, sublicensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and licence to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us regarding the Site and/or the Services.

 

 

Content Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of –or otherwise are licensed to– Volve.io or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in various jurisdictions throughout the world.  No section hereof shall be construed as intent to grant to you any right transfer or interest in Volve.io’s rights, in whole or in part.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of Australia, France and other applicable jurisdictions.

 

 

User Generated Content Policy

Volve.io uses user generated content (the “UGC”) which is provided to us by our users and other authorized third parties, and is protected by intellectual property law.  This material includes, but is not limited to, the design, layout, look-and-feel, appearance and graphics of each advertising and marketing campaign.

Therefore, in order to provide our Services, we may undertake the following activities with the UGS, which shall include, but will not be limited to: comments and answers to questions (e.g. text, ticked boxes, budget, timeframe); files attached to posts; brand guidelines; logos; fonts; diverse types of artwork files (e.g. images, videos, sounds); references to websites; office documents (i.e. content to use on the marketing creative material, additional information about a project and technical specifications).

Reproduction of this user generated content is prohibited other than for your own personal, non-commercial use, provided that the content is not altered in any way and no trademark, copyright mark or other proprietary notice is removed from the material in question.

No other use of material on the Site is permitted other than with the express written permission of the copyright holder.  Unauthorized use of Volve.io may give to a claim for damages and/or be a criminal offence.

 

 

Representations and Warranties

You hereby represent, warrant and covenant that: (i) your use of our Site and Services and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; and (ii) you have obtained all necessary rights, releases and permissions to provide all your data to Volve.io and its affiliates, licensors and agents and to grant the rights granted to Volve.io in these Terms.

 

 

Term, Termination

The term hereof shall begin on the date that comes first among: (i) first access to Volve.io; (ii) your first access or execution thereof; or (iii) Volve.io begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services; (iii) Volve.io’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Volve.io to you from time to time; or (v) Volve.io’ decision to make the Site or Services no longer available for use, at its sole and final discretion.

These Terms, along with any and all licences granted hereof will automatically terminate if you breach any of the terms and conditions contained herein.  Upon termination for breach, your rights to use our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature.

 

 

Third Party Links

From time to time, the Site and/or the Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites, products or services.

 

 

No Warranty

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Volve.io, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.

The entire risk of satisfactory quality and performance resides with you.  Volve.io, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Neither Volve.io, nor its affiliates, subsidiaries, officers, employees and agents guarantee that the Site or the Services will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by Volve.io or its employees, affiliates, contractors and/or agents shall create a guarantee.  The Services and the Site have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

 

 

Disclaimer of Damages

In no event shall Volve.io, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Volve.io, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

 

 

Limitation of Liability

In no event shall Volve.io’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of AUD$100.00 (One Hundred Australian Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount.  These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

For purposes of this limitation of liability, Volve.io’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and may enforce these Terms against you.

 

 

Indemnification

You hereby agree and acknowledge to indemnify, hold harmless, and defend Volve.io, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Volve.io’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Volve.io’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Volve.io); and/or (ii) any third party claim arising out of or in relation to the Site or the Services, or use thereof in combination with your business platform, including without limitation, any claim that the Site or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, privacy rights of any person, or violate any applicable law.

 

 

Events outside of our Control

In no event shall Volve.io be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, force majeure, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Volve.io shall use reasonable commercial efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

 

 

Service Level Agreement (SLA)

Any service level agreement undertaken by Volve.io with clients or partners will be stipulated in the SLA contract itself.  We may provide these contracts for enterprises or organizations that require a tailored solution.  These Service Level Agreements are provided separately as a contract to the client and/or organization, and are ancillary to these Terms.  Upon the case of any discrepancy between the SLA and these Terms, the terms and conditions of these Terms will prevail.

 

 

Generals

Assignment.  These terms will inure to the benefit of any successors of the parties.

Content Moderation.  Volve.io hereby reserves the right, at its sole and final discretion, to review any and all content delivered into Volve.io, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

Entire Agreement.  These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, Volve.io will be irreparably damaged, and therefore you agree that Volve.io shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Interpretation.  Unless the context requires otherwise, the singular shall be construed to include the plural and vice versa.  The paragraph headings used herein are for ease of reference purposes only and are not to be used in interpreting or construing the terms of these Terms.

No Waiver.  Failure by Volve.io to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship.  You and Volve.io are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices.  All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or:  (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt.  All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party.  Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

Severability.  If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms will remain in full force and effect.

 

 

Applicable Law, Dispute Resolution

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of Australia, without regard to conflict of law principles.

Forum.  You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Sydney, New South Wales, Australia.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.  Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

 

 

Governing Language

From time to time, these Terms may be translated into other languages for your convenience.  The English language version of each of these documents shall be the version that prevails and governs your use of Site and our products and services.  Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

 

 

Contact Us

Volve.io welcomes your comments regarding these Terms.  If you have any questions and would like further information, please contact us during business hours Monday to Friday.

We may offer live-chat services where you will be able to chat with one of our customer agents in order to express your queries.  Of course, you can also email us.  We will undertake our commercially reasonable efforts in order to respond as quickly as possible.  Please, provide us full details of your service query so that we can clearly identify your issue of concern.

If you have any questions or queries about us, our services, our Terms and/or the Privacy Policy, please contact us through our website www.volve.io; by post to Volve Group Pty Ltd., PO Box 892, Bondi Junction 1355 NSW, Australia; by email to [email protected] and by phone to +61 (0) 434 517 922.

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