1. Welcome to Ulleo
1.1 Introduction: Ulleo Pty Ltd (ACN 163 069 814), trading as Ulleo (“Ulleo,” “we,” “us,” “our”) provides its services (described below) to you through its website located at Ulleo.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”). Please read these terms of service carefully, as they govern your use of the site and services, and affects your rights in the event of a dispute between us.
1.2 Modifications to Terms of Service: Subject to applicable laws, we reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
2. Access and Use of the Service
2.1 Use Description: The Ulleo service, and any content viewed through our service, is solely for your personal, non-commercial use and education purposes only unless otherwise expressly authorised. With your Ulleo subscription we grant you a limited, non-exclusive, non-transferable, license to access the Ulleo content, view your course(s) and interact with the course(s) as the Service allows. Except for the foregoing limited license, no right, title or interest in the Services (or the courses) shall be transferred to you. You agree not to use the Service for public dissemination or distribution. Ulleo may revoke your license at any time in accordance with the provisions of these Terms of Service but subject at all times to applicable laws. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.3 Member Account, Password and Security: You may never use another person’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify Ulleo of any unauthorised use of your password or account or any other breach of security. Ulleo will not be liable for any loss or damage arising from your failure to comply with this provision.
2.4 Modifications to Service: Ulleo reserves the right to modify or discontinue, temporarily or permanently the Service (or any part thereof) with or without notice to you but subject at all times to applicable laws. You agree that Ulleo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage: You acknowledge that Ulleo may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service. You agree that Ulleo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Ulleo reserves the right to terminate accounts that are inactive for an extended period of time or following the end of your subscription. You further acknowledge that Ulleo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.7 Free Trial Period: By clicking on ‘Start your free trial’ and completing the registration and payment details form, a recurring charge will automatically apply on a monthly or annual basis at the conclusion of your trial (depending on the option you’ve chosen), the duration of which is stated on the sign up form. You may cancel your trial membership at any time during the trial under your Ulleo Account settings, in which case you will not be charged. At the conclusion of the trial, for those who have chosen Monthly payments, Ulleo will automatically charge a membership fee to your payment method on a monthly basis, billed on the anniversary of your first billing date, until you cancel. For those who have chosen annual payments, Ulleo will automatically charge a membership fee to your payment method on an annual basis, billed every year on the anniversary of the first billing date, until you cancel.
3. Conditions of Use
3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Ulleo reserves the right to investigate and take appropriate legal action against anyone who, in Ulleo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Ulleo, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Ulleo or its users to any harm or liability of any type;
- 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;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment option and provide Ulleo information regarding your credit card, PayPal account or other payment instrument. You represent and warrant to Ulleo that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Ulleo the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorise Ulleo to bill your payment instrument in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Ulleo know within sixty (60) days after the date that Ulleo charges you. You shall be responsible for all consumption taxes, such as GST or VAT (as applicable), associated with your subscription to the Services.
3.3 Recurring Subscription Plans: If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorise Ulleo to maintain your account information and charge that account automatically upon the renewal of the Service with no further action required by you. Ulleo will provide you with at least 4 weeks advance notice before your subscription will renew on an annual payment plan. At any point in time during the subscription, including up until 23:59 on the day immediately prior to your renewal date, you can cancel your Ulleo plan to stop the auto-renewal and associated payment for continued service. You can cancel your Ulleo plan by going to the Ulleo Subscriptions page and selecting “Cancel” option under your active subscription. Alternatively, you can contact Support at firstname.lastname@example.org and request that we cancel your service, but we require this notification be provided 2 business days prior to the renewal date to stop the auto-renewal and associated payment for continued service. In this instance, if you do not notify UIleo at least 2 business days prior to the renewal date then we will charge your account on the renewal date.
In the event that Ulleo is unable to charge your account as authorised by you upon sign-up, Ulleo, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorised by you. Ulleo may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. For example, if you are on a 12 month payment plan then any change to pricing will only take place at the expiry of your 12 month payment plan and will apply to any renewal. For month to month plans, any changes to pricing will apply at the end of the month and be applied to any subsequent months. You are deemed to accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments are non-refundable and there are no refunds or credits for partially used periods. If you cancel your subscription you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3.4 Upgrading your plan: If you are on our monthly payment plan, you can upgrade to our annual payment plan at any time. You can upgrade your plan by visiting ulleo.com/account, selecting subscriptions, and then choosing ‘change my plan’. Your upgrade will take effect immediately. Therefore, should you upgrade your plan mid-way through the month, the amount charged to your account will comprise the total amount due in accordance with the new plan selected, minus the pro-rata refund of any unused portion of the current month that has already been paid for. Your renewal date will be adjusted to reflect the billing anniversary calendar date aligned to the length of your new subscription. You can check your plan’s renewal date at any time in the Ulleo Accounts page and selecting subscriptions.
3.5 Commercial Use: Unless otherwise expressly authorised herein or by Ulleo in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any purpose, any portion of the Service, use of the Service, or access to the Service without our written consent.
4. Intellectual Property Rights
4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trade mark, trade secret or other proprietary rights and laws. Except as expressly authorised by Ulleo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Ulleo from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. Any rights not expressly granted herein are reserved by Ulleo.
Ulleo has certain name and logos that are registered and unregistered trade marks and service marks (collectively the “Ulleo Trademarks”). Other Ulleo product, and service names and logos used and displayed via the Service may be trade marks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ulleo. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Ulleo Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Ulleo Trademarks will inure to our exclusive benefit.
4.2 Third Party Material: Under no circumstances will Ulleo be liable in any way for any content or materials of any third parties (including users), 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 such content. You acknowledge that Ulleo does not pre-screen content, but that Ulleo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Ulleo and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Ulleo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Content: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Ulleo, its affiliated companies or partners are non-confidential and Ulleo, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise.
You acknowledge and agree that Ulleo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Ulleo, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.4 Copyright Complaints: Ulleo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Ulleo of your infringement claim in accordance with the procedure set forth below.
You may contact us by email at: email@example.com
To be effective, the notification must be in writing and contain the following information: an electronic signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
4.6 Infringer Policy In appropriate circumstances and at Ulleo’s sole discretion, we may limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others.
5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Ulleo has no control over such sites and resources and Ulleo is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Ulleo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Ulleo is not liable for any loss or claim that you may have against any such third party.
6. Social Networking Services
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Ulleo shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Ulleo is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Ulleo is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Ulleo enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
7. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold Ulleo and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable legal fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
8. Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Except as otherwise expressly provided herein and subject to applicable law, Ulleo expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Ulleo makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
To the maximum extent permitted by law, we will not be liable for any loss or damage, including consequential loss or damage suffered because of any changes, suspension or discontinuance of any aspect of the Service, limits or restriction on the Service.
9. Limitation of Liability
If you use the Services in Australia, the Services comes with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that the Services will be of acceptable quality and reasonably fit for purpose. Where conditions, warranties or guarantees implied by or otherwise arising under applicable law cannot be lawfully excluded, then to the extent permitted by law, we limit our liability for a breach of any such condition, warranty or guarantee, where we are entitled to do so, at our option, to the following: the resupply of the relevant services or paying the cost of that resupply.
You acknowledge and agree that use of the Services is at your sole risk. You assume full responsibility for the appropriate use of the Services and agree to hold us and our third party providers harmless from any and all claims or actions arising from your use of the Services.
To the maximum extent permitted by law, we and our affiliated companies and licensors will not be liable to you or any other person for any special, incidental, indirect, exemplary, punitive or consequential damages, loss of revenue, loss of profits, loss of data, loss of goodwill, down time and user’s time, loss of credit, loss of reputation or future reputation or publicity or loss of anticipated savings, however caused (whether by negligence or otherwise), arising out of or relating to these Terms of Service or the Services, even if we know or have been advised of the possibility of such loss or damage.
Without limiting anything else in this clause, if we or our affiliated companies or licensors are liable to you for damages (on any basis, including negligence) under or in connection with these Terms of Service or the Services, then to the maximum extent permitted by law, the maximum aggregate liability of us, our affiliated companies and licensors for those damages will not exceed the total amount of the fees you have paid to us to obtain the Services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. Nothing in this Terms of Service excludes or limits any liability of us that cannot be excluded or limited under applicable law.
You agree that Ulleo, in its sole discretion but subject to applicable laws, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, if Ulleo believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
Ulleo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Ulleo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Ulleo will not be liable to you or any third party for any termination of your access to the Service. Notwithstanding the above, if Ulleo terminates a user’s account mid-way through any subscription plan through no fault of the user then the user will be entitled to a pro-rata refund of the unused period of the paid subscription.
11. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Ulleo will have no liability or responsibility with respect thereto. Ulleo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Ulleo and govern your use of the Service, superseding any prior agreements between you and Ulleo with respect to the Service. The failure of Ulleo to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Ulleo, but Ulleo may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Ulleo be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Ulleo and its affiliated companies shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control Ulleo, including without limitation, governmental action or acts of terrorism, earthquake, fire, flood or other acts of god, labour conditions, power failures and internet disturbances. These Terms of Service shall be construed, governed, interpreted and applied in accordance with the Laws of Victoria, Australia, and all proceedings relating to the subject matter hereof shall be maintained in the Courts of Victoria, Australia.