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Terms, Conditions & Privacy

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Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the ePremium web site located at www.epremium.io, and all associated sites linked to www.epremium.io and www.ipventures.com.au, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of IP Ventures Pty Ltd. (“IP Ventures”) and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

IP Ventures reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, IP Ventures grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to IP Ventures, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without IP Ventures’s express prior written consent.

You may use information on IP Ventures products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by IP Ventures for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. IP Ventures reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any IP Ventures server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of IP Ventures, including any IP Ventures account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or IP Ventures’s systems or networks, or any systems or networks connected to the Site or to IP Ventures.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to IP Ventures on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IP Ventures or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

IP Ventures’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

IP Ventures may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and IP Ventures makes no commitment to update the materials on the Site with respect to such products and services.

Unsolicited Ideas Submission Policy

IP Ventures or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to IP Ventures or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when IP Ventures’s products or marketing strategies might seem similar to ideas submitted to IP Ventures. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.

TERMS OF IDEA SUBMISSION

You agree that: (1) your submissions and their contents will automatically become the property of IP Ventures, without any compensation to you; (2) IP Ventures may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for IP Ventures to review the submission; and (4) there is no obligation to keep any submissions confidential.

PRODUCT FEEDBACK

IP Ventures does, however, welcome your feedback regarding many areas of IP Ventures’s existing business. If you want to send us your feedback, and we hope you do please send via the contact us page on this web site. Please provide only specific feedback on IP Ventures’s existing products or marketing strategies; do not include any ideas that IP Ventures’s policy will not permit it to accept or consider.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. IP Ventures shall be free to use such information on an unrestricted basis.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify IP Ventures immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by IP Ventures or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. IP Ventures cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

IP Ventures’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view IP Ventures’s Privacy Policy Click Here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the IP Ventures Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under IP Ventures’s control, and IP Ventures is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

IP VENTURES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IP VENTURES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. IP VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IP VENTURES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY IP VENTURES SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IP VENTURES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

IP Ventures reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will IP Ventures be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if IP Ventures has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, IP Ventures is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, IP Ventures’s liability shall in no event exceed AUD$100.00.

Indemnity

You agree to indemnify and hold IP Ventures, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against IP Ventures by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

IP Ventures may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) IP Ventures’s rights or property, or the rights or property of visitors to or users of the Site, including IP Ventures’s customers. IP Ventures reserves the right at all times to disclose any information that IP Ventures deems necessary to comply with any applicable law, regulation, legal process or governmental request. IP Ventures also may disclose your information when IP Ventures determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that IP Ventures may preserve any transmittal or communication by you with IP Ventures through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or IP Ventures determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of IP Ventures, its employees, users of or visitors to the Site, and the public.

You agree that IP Ventures may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to IP Ventures, for which monetary damages would be inadequate, and you consent to IP Ventures obtaining any injunctive or equitable relief that IP Ventures deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies IP Ventures may have at law or in equity.

You agree that IP Ventures may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If IP Ventures does take any legal action against you as a result of your violation of these Terms of Use, IP Ventures will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to IP Ventures. You agree that IP Ventures will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Australia and by the laws of the State of Western Australia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Perth, Western Australia, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees. In the event of any controversy or dispute between IP Ventures and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

IP Ventures administers and operates the www.ipventures.com.au Site from its location in Perth, Western Australia, Australia; other IP Ventures sites may be administered and operated from various locations outside Australia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Australia. IP Ventures reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and IP Ventures with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and IP Ventures with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with IP Ventures, IP Ventures will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. IP Ventures’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by IP Ventures of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between IP Ventures and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. IP Ventures shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Privacy Policy

Collection and Use of Personal Information
Personal information is data that can be used to identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with IP Ventures or an IP Ventures affiliated company. IP Ventures and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

Here are some examples of the types of personal information IP Ventures may collect and how we may use it.

What personal information we collect

  • When you register your products, apply for commercial credit, purchase a product, download a software update, contact us or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.
  • When you share your content with family and friends using IP Ventures products, or invite others to join you on IP Ventures forums, IP Ventures may collect the information you provide about those people such as name, mailing address, email address, and phone number.

How we use your personal information

  • The personal information we collect allows us to keep you posted on IP Ventures’s latest product announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.
  • We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
  • From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with IP Ventures, you may not opt out of receiving these communications.
  • We may also use personal information for internal purposes such as auditing, data analysis, and research to improve IP Ventures’s products, services, and customer communications.
  • If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

Collection and Use of Non-Personal Information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  • We may collect information such as occupation, language, post/zip code, area code, unique device identifier, location, and the time zone where an IP Ventures product is used so that we can better understand customer behaviour and improve our products, services, and advertising.
  • We may collect information regarding customer activities on our website, and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies

IP Ventures’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behaviour, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

IP Ventures and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. IP Ventures and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with IP Ventures more convenient and personal.

Please note that certain features of the IP Ventures website will not be available once cookies are disabled.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyse trends, to administer the site, to learn about user behaviour on the site, and to gather demographic information about our user base as a whole. IP Ventures may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the IP Ventures website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Disclosure to Third Parties

At times IP Ventures may make certain personal information available to strategic partners that work with IP Ventures to provide products and services, or that help IP Ventures market to customers.

Service Providers

IP Ventures shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever IP Ventures operates.

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for IP Ventures to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information

IP Ventures takes the security of your personal information very seriously. When your personal data is stored by IP Ventures, we use computer systems with limited access housed in facilities using physical security measures.

When you use some IP Ventures products, services, or applications or post on an IP Ventures forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

Integrity and Retention of Personal Information

IP Ventures makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Access to Personal Information

For other personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if IP Ventures is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the Contact Us option on this web page.

Location-Based Services

To provide location-based services on IP Ventures products, IP Ventures and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your IP Ventures computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by IP Ventures and our partners and licensees to provide and improve location-based products and services.

Third-Party Sites and Services

IP Ventures websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

Privacy Questions

If you have any questions or concerns about IP Ventures’s Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact us via the contact us option on this web site. All such communications are examined and replies issued where appropriate as soon as possible. IP Ventures may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.