Thank you for visiting iChumz and using our services! You agree to our terms of service by using our services, so please read them carefully. This is a contract between you and iChumz, its subsidiaries, and any affiliates. These terms apply to iChumz’s websites, mobile applications, and other digital and interactive services linked to these Terms (collectively, the “Services”).
You must be of legal age and competent to use our Services. If you are under the legal age, you are not permitted to use our Services or provide us with any personal information. If you use our Services on behalf of a third party, you represent to us that you are that third party’s authorized representative and that your use of our Services constitutes that third party’s acceptance of our Terms. Our Services are rendered and controlled within Australia, and we make no claims that they are accessible or appropriate for use outside of Australia. Users who access our Services from locations other than Australia do so at their own risk.
Content and information provided through our Services are provided “as is” and at your own risk. iChumz makes no guarantees about the information’s accuracy, completeness, or quality. iChumz is not liable or responsible for any errors, omissions, or inaccuracies in the information, or for your reliance on it. You are solely responsible for ensuring that the information is suitable for personal use.
We reserve the right, in our sole discretion, to take any of the following actions at any time and for any reason without prior notice:
- Restrict, suspect, or terminate your access to all or any part of our Services.
- Change, suspend, or discontinue all or any part of our Services.
- Refuse, move, or remove any material you submit to our sites for any reason.
- Refuse, move, or remove any available content on our sites.
- Establish general practices and limits concerning the use of our sites.
You agree that we will have no liability to you or any third party due to any of these actions. You understand and agree that our Services may include communications from us or our partners, such as service announcements and administrative messages, and that these communications are considered part of the Services. You will not be able to choose not to receive these messages. You are also aware that our Services may contain advertisements.
Use of Marks
You are not permitted to use any of iChumz’s trademarks, trade names, service marks, copyrights, or logos (collectively, “Marks”). You agree that you have no ownership rights in or to any of these items.
The Services we offer are owned and operated by iChumz and contain material developed in whole or in part from material supplied by iChumz and its partners and material from other sources. Australian copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws protect this material.
Under Australian copyright laws and other laws and treaties, the Services are also protected as a collective work or compilation. You agree to follow all applicable copyright and other laws and any additional copyright notices or restrictions made available through the Services.
You acknowledge that the Services were developed, compiled, prepared, revised, selected, and arranged by iChumz and others using methods and standards of judgment developed and applied with significant time, effort, and money and constitute the valuable intellectual property of iChumz and such others.
You agree to protect iChumz’s and others’ proprietary rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by iChumz or its content suppliers and licensors (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services.
You agree to immediately notify iChumz if you become aware of any unauthorized access or use of the Services by any individual or entity, or if you become aware of any claim that the Services infringe on any copyright, trademark, or other contractual, statutory, or common law rights.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any kind under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services, shall be and remain the sole and exclusive property of iChumz as between you and iChumz.
The Services may allow you to submit, post, upload, or otherwise make available (collectively, “post”) content such as video clips, photographs, reviews, public messages, ideas, comments, and other content that may or may not be viewable by other users (collectively, “User Content”).
You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is solely the responsibility of the individual who originated the User Content. You also agree that you have all necessary rights to post such User Content without infringing on the rights of third parties. You agree to indemnify, defend, and hold iChumz harmless for any claims arising from the User Content you post. We reserve the right to assume the exclusive defense and control of such disputes at our own expense. In any event, you will cooperate with us in asserting any available defenses.
When you post User Content on or through the Services, you grant iChumz a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform and display, translate, sell, lease, create derivative works from, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including for promoting and redistribution. Finally, you agree that any User Content you post may be associated with your user name or other identifying information.
You acknowledge and agree that any information sent to us via e-mail or in any other format, including but not limited to answers, questions, suggestions, ideas, and so on, will be considered non-confidential. We are under no obligation to keep such information private. We can reproduce, use, disclose, and distribute such information to others.
License and Conduct
As long as you follow these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services for your own personal use. Prohibited Applications. Without limitation, you will not:
- Post or otherwise make available User Content that harasses, abuses, or threatens another person or contains obscene content.
- Post User Content that is derogatory to others because of their gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or any other classification;
- Post User Content that is illegal, harmful, tortious, defamatory, libelous, or infringes on the privacy of another.
- Use the Services for commercial purposes (for example, as part of a service bureau), benchmarking, or compiling data for a product or service.
- Copy, download (except for page caching for personal use or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, except as provided for in these Terms or with the prior written permission of the author.
- Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by using any robot, spider, scraper, web crawler, or other automated methods of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any approved API.
- Violate any restrictions in the Services’ robot exclusion headers, if any, or bypass or circumvent other measures to prevent or limit access to the Services.
- Post material that encourages or discusses illegal activity with the intent to commit it (in either case, as determined by iChumz in its sole discretion).
- Post or otherwise make available any material containing any software, device, instructions, computer code, files, programs, and/or other content or feature intended to disrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment (including, without limitation, any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lockout,” “metering” device, or any malicious code).
- Post or do anything that could disable, overburden, or otherwise impair the proper operation of the Services.
- Post content that obstructs or otherwise prevents communication or disrupts user discussion.
- Post, use, or otherwise make any other party’s intellectual property available unless you have the right to do so. Do not remove or modify any copyright, trademark, or other proprietary notice on the Services.
- Post any trade secrets or other confidential or proprietary information, or any material that you do not have a right to make available under any law or contractual or fiduciary relationships, including but not limited to inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements.
- Falsify or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a way that is not a parody.
- Solicit personal or sensitive information from other users, including without limitation address, credit card, financial account information, or passwords, through misrepresentation or otherwise.
- Post spam or other advertisements or solicitations, promote commercial entities or engage in commercial activity in any other way on or through the Services.
- Violate the law or encourage behavior that could lead to a criminal charge or civil liability.
- The Services or any portion of the Services may be displayed in a frame, as an inline link, or in another manner.
- Violate or assist in the violation of these Terms or any iChumz guidelines or policies;
- Interfere with the use of the Services by any other party.
In its sole and absolute discretion, iChumz reserves the right to remove any User Content, block access to the Services, and/or cancel any user’s account. It is strictly forbidden to use the Services for any illegal purpose or for any other purpose not expressly permitted in these Terms.
Compliance with the Law
You acknowledge, consent, and agree that if required by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary or appropriate for any of the following reasons, iChumz may access, preserve, and disclose your account information and/or any User Content you submit or make available for inclusion on the Services.
- To comply with the legal process.
- To enforce these Terms.
- To protect the rights, property, or personal safety of iChumz, its agents and affiliates, its users, and the public.
- To address your requests.
- To respond to claims that any content violates the rights of third parties.
Warranties and Disclaimers
You expressly acknowledge and agree that:
- The manufacturer of each product available through the services provides any applicable warranties for such products. Third parties manufacture all products.
- You use the services at your own risk. The services are provided “as is” and “as available,” without any representations or warranties. iChumz expressly disclaims any and all warranties, express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. iChumz accepts no liability for the timeliness, deletion, mis-delivery, or failure to provide content or store personalization settings or user materials.
- Any content downloaded or otherwise obtained through the services is at your sole discretion and risk. You will be solely responsible for any damage to your computer system, mobile device, software, technology, or data loss resulting from downloading or using any such content.
- No advice or information, whether oral or written, obtained by you from iChumz or through the Services shall create any warranty.
- iChumz is not responsible for any third-party content on its services, links to third-party websites, or any third-party websites. iChumz does not vet or verify users who identify themselves as experts on particular topics through the services. You agree not to hold iChumz responsible for relying on such experts if you do not achieve the expected results.
Limitation of Liability
In no event will iChumz, its respective officers, directors, employees, members, shareholders, or representatives (and all successors and assigns of any of the foregoing) (collectively, “iChumz” for purposes of this section) be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the performance of any of its services. iChumz will not be held liable for the cost of replacement products, revenue loss, or goodwill loss. In any case, our total liability will not exceed the price of the product or service to which the claim relates, or $100 if the claim does not relate to a product or service.
iChumz does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any website featured on or linked to through the services, and iChumz will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. iChumz will not be held liable for any third party’s offensive or illegal behavior. You voluntarily accept the risk of harm or damage due to the foregoing. The preceding limitations will apply even if a remedy fails to achieve its essential purpose and to the greatest extent permitted by law.
If you live in California, you agree to waive California Civil Code 1542, which states that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Others’ criminal acts are included in this release.
You agree to indemnify, defend, and hold iChumz and its respective officers, directors, employees, members, or representatives (and all successors and assigns of any of the foregoing) harmless from and against any claim or demand, including without limitation, reasonable attorneys’ fees, and disbursements, made by any third party in connection with or arising out of your use of the Services, your connection to the Services, or your violation of the Terms of iChumz Privacy.
Any correspondence or business dealings you have with, or participation in promotions sponsored by, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such an advertiser. You agree that iChumz will not be liable for any loss or damage of any kind incurred as a result of any such dealings or the presence of such advertisers on or through the Services.
The Services that we provide may include, without limitation:
- Information and content provided by third parties.
- Links to third-party websites or resources, such as sellers of goods and services.
- Third-party products and services for sale directly to you.
iChumz is not responsible for the availability of such external sites or resources, and does not endorse or accept liability for:
- Any content, advertising, products, or other materials on or available from such sites or resources.
- Any errors or omissions in these websites or resources.
- The operators of such sites or resources may have different information handling practices or other business practices.
You also acknowledge and agree that iChumz is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any linked sites or resources. The terms of service and privacy policies of such third parties and any other similar terms will govern your interactions with such third parties.
Termination of Services
- iChumz reserves the right, with or without notice, to modify or discontinue the Services (or any part thereof) at any time. You agree that iChumz will not be liable to you or any third party if the Services are modified, suspended, or discontinued.
- b) These Terms are effective unless and until terminated by you or us. In our sole and absolute discretion, we reserve the right to deny you access to all or part of the Services at any time for any or no reason, with or without notice to you.
If you have any questions about these Terms, please get in touch with us by email at [email protected].