OffByZero

 

Terms of Use

By using the OffByZero Cobalt web site ("Service"), from OffByZero Pty. Ltd. ("OffByZero"), you are agreeing to be bound by the following terms of use ("Terms of Use").

OffByZero reserves the right to update and change the Terms of Use without notice at any time. Any and all changes to the Service are also subject to the Terms of Use. Continued use of the Service, after such changes, constitutes your consent to such changes. The latest version of the Terms of Use can be found at Terms of Use.

Account Terms

  1. You must be a human. Accounts registered by bots or other automated methods are not permitted.
  2. You must provide your full legal name, valid email address, and any other information requested in the signup form.
  3. You are responsible for maintaining the security of your account and password. OffByZero cannot and will not be liable for any loss or damage from failure to comply with this term.

Violation of these terms will result in the termination of your account. You agree to use the Service at your own risk.

Software Licence

Your use of the Service, and redistribution of the OffByZero Cobalt Licence Client in compiled form, is permitted only in accordance with the OffByZero Cobalt Licence. Use of the Service, including redistribution of the OffByZero Cobalt Licence Client in compiled form, is subject to your performance of all obligations under the OffByZero Cobalt Licence.

Content Ownership

  1. OffByZero does not claim any intellectual property rights over the data you provide to the Service. Your profile data remains yours.

Cancellation and Refund Policy

Our services are not tangible items and cannot be refunded. However if you are unhappy with the Service for whatever reason please contact us and we will endeavour to help. If you wish to cancel your account you can do so anytime by contacting us. In the event of cancellation we will ensure that no further fees are charged from that time onwards. Any fees paid in the past for use of the Service cannot be refunded.

OffByZero reserves the right to not accept accounts at will. If your account creation or payment is not accepted you will be refunded the full amount (not reduced by any processing fee or any other charge for any refund that occurs in accordance with the refund policy or for any chargeback that occurs in accordance with applicable rules and regulations).

Payment Terms

  1. Payment only applies to non-trial account. Trial accounts are all completely free.
  2. All prices are shown in Australian Dollars.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You will be responsible for payment of any such taxes, levies, or duties, excluding only Australian taxes.
  4. Australian residents will be charged the Australian Goods and Services Tax (GST).
  5. The Service is billed in advance on an annual basis.

Modification to the Service

  1. OffByZero reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service, in whole or in part, with or without any notice.
  2. Prices of all services are subject to change upon 30 days notice from us. Such notice will be either emailed to the email address you have provided and/or posted on the Service website.
  3. OffByZero is not liable to you or any other third party for any modification, price change, termination or discontinuance of the Service.

General Conditions

  1. Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis.
  2. You agree to not duplicate, sell, resell or exploit any part of the Service.
  3. We may, but have no obligation to, remove any content that we determine is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.
  4. OffByZero does not warrant that the service meets your requirements, be uninterrupted, timely, secure, or error free.
  5. You expressly understand and agree that OffByZero shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, data or other intangible losses, or any other matter relating to the service.
  6. The failure for OffByZero to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  7. The Terms of use constitute the entire agreement between you and OffByZero and govern the user of the Service, replacing any prior agreements between you and OffByZero including any prior versions of the Terms of Use.

Termination

OffByZero, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other OffByZero service, for any reason and at any time. Such termination will result in the deletion of your account and all content and data in your account. OffByZero reserves the right to refuse service to anyone for any reason at any time.

Contact Information

If you wish to contact OffByZero regarding the Terms of Use or any other subject you may email us via our contact form.

Last updated September 9th, 2009.

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