Terms & Conditions

OTHERLEVELS PTY. LTD.

Last Updated: May 18, 2018

OVERVIEW

Please read these terms and conditions ("Terms") relating to your use of the OtherLevels website (the "Site"). Your use of the information, graphics and materials on this Site is governed by these Terms and the Privacy Policy, which you automatically agree to simply by using or logging into the Sites.

Please note that we offer many products and services. Your use of OtherLevels products or services are provided by OtherLevels pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.

A. Who We Are

The Site is owned and operated by OtherLevels Pty. Ltd. ("us" or "we"). OtherLevels is a company incorporated in Australia, located at Level 1, 235 Edward Street, Brisbane QLD 4000, Australia. If you have any questions or queries about this Site or relating to these terms please use privacy@otherlevels.com.

B. Your Account

An account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.

You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.

C. Modifications and Termination

We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you do not adhere to these changes, please cease to use our Sites at any time.

D. Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Sites.

You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.

Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

E. Content Posted by Others

We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.

F. Your Use of the Sites

Please do not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).

If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

G. Intellectual Property

If you believe any Content on the Services infringes your copyrights, you may request that we remove the Content from the Services (or disable access to that Content). Please contact privacy@otherlevels.com if you have an inquiry.

H. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services, however, there are certain things that we don’t promise about our Services.

While we have made every effort to ensure that information is free from error, OtherLevels does not warrant the accuracy, adequacy or completeness of Material on this website. All information is subject to change without notice. OtherLevels does not guarantee that the OtherLevels website or Third Party websites will be free from viruses, or that access to the OtherLevels website or Third Party websites will be uninterrupted.

Subject to any responsibilities implied by law and which cannot be excluded, no member of OtherLevels is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the OtherLevels website or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

I. Liability for our Services

EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

J. Additional Details

We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.

Subject to any applicable law which cannot be excluded, OtherLevels makes no warranties or representations:

  • regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party websites; or
  • that Third Party Material does not infringe the intellectual property rights of any person. OtherLevels is not authorising the reproduction of Third Party Material by linking Material on this website to Third Party Material.

These Terms are governed by and construed in accordance with the laws of Queensland, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Brisbane, Queensland, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

K. Your Privacy

We take your privacy very seriously and aim to comply with the relevant local data protection legislation. Any information given to us by you or collected by us during your use of the Site is only used in accordance with the terms of our Privacy Policy statement. OtherLevels accepts and responds to any requests such as disclosure, correction, addition, or deletion and veto of use or provision of personal information from the person who provided his/her personal information. Please contact privacy@otherlevels.com if you have any inquiries to make regarding personal information.