Visuo is managed under licence by Intelligent Video Services Pty Limited.
These terms and conditions (“Terms”, “Agreement”) are an agreement between Intelligent Video Services Pty Limited (“Visuo”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the getvisuo.com website, its subdomains, and any of its applications, products or services (collectively, “Website” or “Services”).
1. Accounts and membership
1.1 If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
1.2 We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account.
1.3 You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
1.4 We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
2. User content
2.1 We do not own nor accept any responsibility for any data, information or material (“Content”) that you submit on the Website in the course of using the Service.
2.2 You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
2.3 We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you.
2.4 Your use of the Website grants us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose, such as sharing your Content on our website (getvisuo.com) or via our social media channels.
2.5 By using Visuo you also grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account as required for the purpose of providing the Services to you.
2.6 Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
3. Billing and payments
3.1 You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
3.2 Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period)
3.3 If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
3.4 You acknowledge that continued provision of the Services is contingent on keeping your payment details up-to-date and the payment status of your account active and in good standing.
3.5 If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
3.6 We reserve the right to change our Services and our pricing at any time. Where we do change the pricing of our Services, we will endeavour, but are not obligated to, provide you with 30 days’ notice beforehand.
4. Cancellations and changing your subscription
4.1 If you decide to downgrade your subscription, we will credit your account a pro-rated amount for any difference between your original plan and your new plan for the remaining period of your subscription, which will be applied to your next invoice.
4.2 If you decide to upgrade your subscription, your current subscription will be cancelled and you will be charged immediately based on the new plan. A pro-rated amount of credit, based on the remaining period on your original subscription, will be applied to your new subscription.
4.3 If you decide to cancel your plan, your subscription will remain active until the end of the subscription period, upon which you will not be charged again unless you opt into a new subscription.
We do not provide refunds under any circumstances.
5. Accuracy of information
5.1 Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers.
5.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order).
5.3 We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law.
5.4 No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
6.1 We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content.
6.2 Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
7. Links to other websites
7.1 Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein.
7.2 We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
8. Prohibited uses
8.1 In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
9. Intellectual property rights
9.1 This Agreement grants you a licence to use content created via our Service for the business under which you registered your account with Visuo, or if you are an agency, on behalf of the clients that you represent.
9.2 This Agreement does not transfer to you any intellectual property owned by Visuo or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Visuo.
9.3 As such you are prohibited from making available, in part or whole, any of the content made available to you through the Visuo service for resale or dissemination to other third parties that are not directly related to you or your immediate business, unless you are an agency where you are using Visuo on behalf of your clients.
9.4 Your usage of the Visuo service implies agreement to these terms, and Visuo reserves the right to terminate your use of the Service and/or take legal action for any violation of our intellectual property and rights.
9.5 All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Visuo or related licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Visuo or third-party trademarks without prior written consent.
10. Disclaimer of warranty
10.1 You agree that your use of our Website or Services is solely at your own risk.
10.2 You agree that such Service is provided on an “as is” and “as available” basis.
10.3 We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10.4 We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
10.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
10.6 We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
11. Limitation of liability
11.1 To the fullest extent permitted by applicable law, in no event will Visuo, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Visuo has been advised as to the possibility of such damages or could have foreseen such damages.
11.2 To the maximum extent permitted by applicable law, the aggregate liability of Visuo and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Visuo for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
12.1 You agree to indemnify and hold Visuo and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any wilful misconduct on your part.
13.1 All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
13.2 If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
14. Dispute resolution
14.1 The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia.
14.2 The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Australia, and you hereby submit to the personal jurisdiction of such courts.
14.3 You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
14.4 The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15. Changes and amendments
15.1 We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
16. Acceptance of these terms
16.1 You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this document or wish to contact us concerning any matter relating to it, you may send an email to email@example.com.
This document was last updated on September 3rd, 2020.