Terms of Service
STATEMENT FOR TERMS OF SERVICE
Linewatch.com.au (the “Site”) and (Collectively “Linewatch® Pty ltd”) a registered entity under [A.C.N 26 146 868 742] located within Australia, which provides client security. Therefore our services are offered to you in the conditions of your acceptance without any modifications of the terms, services, and notices contained herein (the “TOS”). By accessing, registering, and/or transacting, it constitutes your legal obligation of agreement to such services of usage. It is said that we reserve the sole right, at our legal discretion to modify or change (the “TOS”) stated below, at any time, which is offered. You will find that the most current version of (the “TOS”) will supersede any and all previous versions. Furthermore your legal obligation is to acknowledge and read (the “TOS”) carefully, and upon acceptance to obey all terms set forth.
You will find that we are compliant with the following acts of provisions regarding the legislation of the Electronic Transactions Amendment Act 2011. By accessing or making a payment with “Linewatch® Pty ltd” and/or (the “Site”) constitutes as an electronic transaction, for which you hereby consent to on acceptance of an order of services with “Linewatch® Pty ltd”. All notices, disclosures and any other forms are subject to the requirements and authorizations to electronic communications outline in the above “Act”.
Linewatch® Pty ltd has a no spam policy and is acting in compliance with Spam Act 2003 (Cth).
You hereby declare that you are at least (18) years of age while using our Site and that you are a reputable business that is registered with “Linewatch® Pty ltd” and/or (the “Site”). All users/customers are responsible for maintaining the confidentiality of their information and for restricting access to their computer, and agree to accept responsibility for all activities that occur under their account. We reserve the legal right to refuse or cancel, terminate accounts, and/or remove or edit content in our sole discretion and will co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone violating the usage of this (“TOS”).
- You do not in any way imply that this Site, along with all other affiliation outside of “Linewatch® Pty ltd” and/or (the “Site”)” is endorsing any services unless this has been specifically agreed upon;
- You do not misrepresent your relationship with “Linewatch® Pty ltd” and/or (the “Site”), or present any false information about us;
You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- You will not link to a website that is not owned by you; and
- Your reviews, comments, and/or testimonies does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person; including but not limited to, moral rights, passing-off, defamation, contempt of court, sub-judice, privacy or confidence;
- You grant “Linewatch® Pty ltd” and/or (the “Site”)an irrevocable, perpetual and transferrable license to use and reproduce any content in any manner (whether now known or in the future devised). This includes the right to edit, adapt, modify, change, add to, and detract from, the content which you post on (the “Site”);
- You agree that we can materially alter any content and use it in any manner and for any purpose with or without attribution to you;
- You agree not to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software or any related attacks of hacking;
- You agree that any linked Site is our sole property and the property of those Sited Links;
- You agree that we are not responsible for any third party Site or Link that you use to access this Site;
- You agree that you will not use the content accessed through “Linewatch® Pty ltd” and/or (the “Site”) that may be listed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- You agree that you will obey all disclaimers, release agreements, and/or any other form upon (the “Site”), along with “Linewatch® Pty ltd”.
All “Linewatch® Pty ltd” Security Services are regulated and governed through the completion and acknowledgement of a signed Agreement between the customer and “Linewatch® Pty ltd”, before a commencement date will follow for services rendered. Therefore you will be able to submit a request for a specific quote within (the “Site”), for which “Linewatch® Pty ltd” will get in contact with you to acknowledge the requested services.
Invoicing and Payment
You will pay Linewatch® Pty ltd all fees due upon receipt of an invoice specifying the amounts due (“Fees”) within (14) days from the date of being invoiced. All Fees payable under Agreement are exclusive of sales, use, excise, and any other applicable transaction taxes, which you will pay (excluding taxes based upon the net income of Linewatch® Pty ltd). If payment is not received on or before any invoice due date, interest shall begin to accrue and be payable at the lesser of the maximum rate permitted under applicable law or at the rate not to exceed two percent (2%) per day from the date due until paid in full. You shall pay all expenses, including actual attorneys’ fees, incurred by Linewatch® Pty ltd or its representatives in enforcing its rights under this Agreement, provided that Linewatch® Pty ltd is successful on the merits. Your obligation to pay undisputed amounts due for Services and Linewatch® Pty ltd’s right to all such amounts are absolute and unconditional. You are not entitled to set off of such amounts. All Fees will be detailed in the invoice. Unless otherwise stated in the Security Services, you agree to pay or reimburse Linewatch® Pty ltd for all actual, necessary, and reasonable expenses incurred by Linewatch® Pty ltd in performance of such Security Services, which are capable of verification by receipt. Linewatch® Pty ltd will submit invoices to you for such fees and expenses either upon completion of the Services, or at stated intervals, in accordance with the applicable Security Services.
All payments through (the “Site”) can and will be considered an online transaction through a gateway through our bank (Commonwealth Bank of Australia) and (PayPal) for all transaction during payment on (the “Site”). If customers and/or users choose to use (PayPal), they will be redirected to a (PayPal) checkout. At no time should you affiliate or hold liable “Linewatch® Pty ltd” and/or (the “Site”) to the terms and agreements with the use of (PayPal) or the (Commonwealth Bank of Australia). It is your responsibility to read their legal agreements and/or privacy policies by going to their Site. In the future we may decide to use other forms of processing transactions and therefore will notify any such changes to our customers and/or users.
Intellectual Property Rights
All materials on this Site are protected by the Australian Intellectual Property Laws Amendment Act 2003, which therefore oversee the Copyright Act 1968 (Cth) and the Copyright Amendment (Digital Agenda) Act 2000; along with the Trade Marks Act 1995 and are the sole property of “Linewatch® Pty ltd” or its subsidiaries, affiliated companies or third party licensors. In addition, (the “Site”) contains proprietary trademarks, service marks and logos and you are not authorized or granted any license to utilize any such proprietary trademarks, service marks or logos. Any unauthorized use of the Sites content shall therefore be prohibited within the Australian Intellectual Property Laws Amendment Act 2003 for any violation of trade secrets, copyright laws, and trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Take down Policy
Linewatch® Pty ltd complies with the World Intellectual Property Organization (WIPO), in responding with all claims that arise out of intellectual property of infringement and regulated under the WIPO Copyright Treaty (WCT). We will promptly investigate all notices and remove any alleged infringement, taking appropriate legal actions required under such laws.
You may send us an email at email@example.com stating the bellow information:
- Your contact information (email, name, and/or address) in order to allow the resolution of the complaint filed;
The said believed violation of the Copyright Act 1968 (Cth) and the Copyright Amendment (Digital Agenda) Act 2000, “as amended”; and
- A written and signed statement stating: “It is my legal intentions with an act of good faith, that I belief the following copyrighted material(s) described herein are not authorized by the owner or legally entitled on behalf of the owner to any third party and therefore is not permitted by law to use the copyrighted material(s) and I swear that the following statement is true and accurate and by law have the exclusive right to bring proceedings of infringement.”
We are not liable for any false claims and you agree that if you have claimed a false claim of copyright infringement with us, that you may be held responsible for all legal actions. Therefore we request that you seek legal advice before reporting any of the following criteria regarding a claim to make sure the copyrighted material is of an infringement.
You agree to indemnify, defend and hold harmless “Linewatch® Pty ltd”, its business partners, officers, directors, employees, agents and third parties, for any losses, cost, liabilities and expenses (including but not limited to reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, including but not limited to, any user postings made by you, your violation of any the (“TOS”) of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Linewatch® Pty ltd reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with “Linewatch® Pty ltd” in asserting any available defenses.
Dispute Resolution & Governing Law
Any controversy or claim arising out of or relating to this (“TOS”) or with “Linewatch® Pty ltd” and/or (the “Site”), WILL be subject to arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under its commercial arbitration rules. The award and any findings OF THE ARBITRATOR must be filed within THIRTY (30) days of the final arbitration hearing. Judgment on ANY award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing contained in this section will limit either party’s ability to seek INJUNCTIVE relief in any court. THE PARTIES WILL ARBITRATE DISPUTES IN CONFIDENCE. THIS (“TOS”) WILL BE GOVERNED BY THE SUBSTANTIVE LAWS OF AUSTRALIA.
The services controlled through “Linewatch® Pty ltd” and/or (the “Site”) are administrated within our offices in Australia. If you tend to access any services from a location outside of Australia, you are responsible for complying with all International and jurisdictional laws of Australia.
Linewatch® Pty ltd may make necessary modifications and/or updates to reflect certain legislation from time to time in order to be compliant with the following (“TOS”). Therefore we encourage that all users review the (“TOS”) outline herein periodically to see how we are maintaining to protect your rights and obligations as laws may change or (the “Site”) changes.
Comments and/or Concerns
Linewatch® Pty ltd appreciates any comments and/or concerns that you may have regarding the (“TOS”) outlined herein and/or if you believe that we have not adhered to this Statement, you may contact us via email at: firstname.lastname@example.org.
(Effective as of 12/06/18
Linewatch Security Melbourne
Suite 294/585 Little Collins Street,
Melbourne, VIC, 3000
1300 783 613