Terms And Conditions

uSee website usage agreement

This uSee use agreement policy (‘Agreement’) provides important information about your uSee subscription, and you should read and understand it.

IF YOU DECIDE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU HERE — NO CHANGES OF ANY KIND WILL BE ACCEPTED BY THE COMPANY.

Terms used in this agreement

  • In this Agreement, “Company” means Harrington Systems Electronics PTY LTD, Olga Downs, Richmond, QLD, 4822, Australia
  • “uSee” means the services provided by the www.uSee.com.au website and the uSee remote sites
  • “Subscriber” means you, and ‘User Account’ means your account with the Company.
  • “Website” means “http://www.uSee.com.au”

 

The Company may change, add, or remove any part of this Agreement, or any part of the uSee service, including the services provided and pricing to its plans at any time. If any changes are made, the Company will post them on the www.uSee.com.au site.

IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD STOP USING THE uSee WEBSITE. YOUR CONTINUED USE OF uSee NOW, OR FOLLOWING THE POSTING OF NOTICE OF THESE CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF EACH OF THE CHANGES.

ABOUT www.uSee.com.au

From time to time the Company may impose reasonable rules and regulations regarding the use of the uSee system.  Please note that availability and performance of uSee will vary depending on your sites location, signal strength, and your internet connection.  The Company only provides uSee and cannot and does not guarantee performance speeds, connection issues, or other attributes not directly provided by the Company in connection with these services, including factors beyond the control of the Company.

USING the uSee Service

To use uSee you must establish an account.  You must be at least 18 years old – or an older minimum age if mandated by applicable local law.  You must also have purchased at least one uSee remote site.  The Telstra NextG service has to be available to your sites location, and your site must be installed and set up correctly.

The Company will make its best effort to provide the uSee service to you. The Company shall have no responsibility whatsoever for any claim arising out of its failure or refusal to provide uSee to you.  All services are provided “AS IS” with no guarantees or warranties of any kind (Except where specified).

Please note that many areas have laws and regulations about taking pictures in public or private areas and regarding the use of such pictures. The Company requires uSee users to respect the personal rights of others.

The Company charges a monthly fee for your use of the uSee system, based on the type of plans you choose, and the number of sites you have. As a subscriber, you are agreeing that you will pay all charges, including any applicable taxes, for uSee at the prices and in the manner found on the uSee site.  This includes all extra usage charges and any other charges as applicable.  You are able to view your current bill at any time, by selecting the “View Current Bill” Link on the website.

You are able to change the plan that your site is on at any time, however you will be billed based on the current plan selected on the sites billing anniversary.

The company reserves the right to cancel any account at our discretion.  Written notice will be given if this occurs.

By accepting the terms and conditions of this Agreement and completing the registration process, you become a user of the uSee system. 

By becoming a subscriber to the website, the company provides you with a limited, non-exclusive to use the username and password provided to you for your account. Your username is your online identity. Do not reveal your password to anyone else. Your account is at risk if you let someone use it inappropriately.   You must notify the Company immediately on discovering any unauthorized use of your account.

The Company has the right to change the prices for plans, and to introduce new charges for uSee at any time.  Price changes will be effective the date of the change.

All pricing changes will be updates on the website, and this shall be considered sufficient notice to you of such changes.  You are responsible for reviewing pricing information as posted by the Company so that you have notice of any changes. Your continued use of the uSee system will constitute your acceptance of the prices for subsequent subscription period(s).

Technical support is limited to the Companies services and software.  Technical support will be provided to you on an ‘as available’/‘best effort’ basis with no representation or guarantee from the Company of response time or the correction of your problem.


Billing for you account

The Company will charge your credit card of bank account (If permission is given) for all applicable set-up costs, monthly fees and taxes. These fees and charges will include the fees for using uSee and any extra usage as it occurs.

uSee is a monthly service, and all monthly fees and taxes will be due at the end of each month of your subscription along with any additional usage charges.

You can pay your account several ways.  These include Credit card payments, Direct debit payment, Direct bank deposits and by Cheque

 The Company is not responsible for any charges or expenses resulting from charges billed by the Company

The Company may offer, from time-to-time, certain promotions with different terms, activation fees, and monthly charges. It is important that you provide accurate billing information to the Company and that you keep all such information current, complete and accurate.

In addition to the basic information you provide when you register, the Company may maintain records relating to your use of uSee.

These records may include, but are not limited to:

  • The original creation date of your account
  • IP addresses from which images are sent and from which logins originate from
  • Correspondence between you and the Company;
  • Records of your account, including dates and amounts of payments and refunds;

 

The Company will make available information you provide or that it otherwise maintains in order to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, the Company reserves the right to comply with any civil court orders and/or subpoenas. By your acceptance of this Agreement and your use of uSee, you authorize the Company to take any such actions.

Note again that you are responsible for all charges to your account. All charges will be considered valid and undisputed unless questioned in writing within 30 days of the date the disputed charges are due. No adjustment will be made for any charges that are more than 30 days old. Questions regarding these charges should be directed to our Billing department at billing@uSee.com.au

 


AVAILABILITY OF THE SERVICE

While the Company makes reasonable efforts to ensure that uSee is available at all times, the Company does not guarantee, represent or warrant that uSee services will be uninterrupted or error-free, and the Company does not guarantee that users will be able to access or use all the uSee features at all times.  The Company may also impose limits on the use of or access to certain features or portions of uSee, or restrict your access to any part or all of uSee, in all cases without notice or liability.

The Company also does not guarantee or warrant that any images, data or other content you may have in your account at uSee will not be subject to inadvertent damage, corruption or destruction.

You are responsible for backing up, on your own images and other content, unless otherwise arranged. 

Unless otherwise expressly provided in the terms of any service or feature offered in uSee, the Company will not be responsible for any archiving or backup of any such information. If any images, messages, animations, data or other content in your account and stored on the uSee system is damaged, lost or corrupted in any way, the Company will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular uSee feature or service.

 

ACCEPTABLE USE POLICY GUIDELINES

It is important to remember that there are rules and standards that you must abide by when you use uSee.  These rules and standards are described in this Agreement.

As a uSee user, you agree to comply with this Agreement, and you acknowledge that the Company has the right to enforce this Agreement in its sole discretion. This means that if you (or anyone using your uSee account) violate the terms of this Agreement, the Company may take any and all appropriate actions. This can range from a simple warning about a violation, the termination of your access privileges for uSee, and even legal action – as the Company deems necessary or appropriate.

The Company is not required to provide notice before terminating your uSee access for violating these rules and standards, but it may choose to do so. You are solely responsible for your conduct, and the conduct of anyone using your account, while using uSee, including your images and all other content, information or other interactions generated, transmitted or maintained on or through uSee.

The Company will not be responsible or liable in any way for any such on-line distribution or publication. The Company cannot and will not review every image, or other content which may be generated by your site (although the Company reserves the right to monitor members' use of uSee), and the Company will not be responsible for anything in any of those images, or other content.

The Company reserves the right to delete, move or edit any item that the Company, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material the Company believes may subject the Company to any liability or which may cause the Company to lose the services of any supplier, including but not limited to any company that provide services to uSee users.

A member's use of uSee should conform to the requirements of the law, respect for the rights of people and third parties, and current standards for communicating on-line. By your use of uSee, you agree to use appropriate conduct and language when you using uSee. This includes (but is not limited to) following the rules of any uSee services providers, this Agreement and all applicable laws.

The Company reserves the right to terminate your access to uSee at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account), your infringement of the Company's or uSee's or others' intellectual property, or any other circumstances which, in the Company's sole discretion, merit termination.

Any such termination may, if the Company elects (and subject to applicable law), be without any refund to you of any fees or amounts. Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

Prohibited Conduct

uSee may be used only for lawful and proper purposes. The laws and rules must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing images or other content that could subject the Company to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards is prohibited. Such things include information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.


If the Company elects to terminate your right to use uSee as a result of any illegal or prohibited conduct, the Company may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
 
Some examples of prohibited conduct are:

  • Posting obscene images or other content (including child pornography).
  • Planning illegal activity, such as building a bomb or counterfeiting money.
  • Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia.
  • Creating and/or submitting any unwanted or unsolicited e-mail to any USee user.
  • Knowingly transmitting any worm, virus or computer code of a destructive nature.
  • Pretending to be anyone you are not
  • Using false statements to get, or to attempt to get, account information or other private information from other uSee or Internet users.
  • Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or non-disclosure agreement.
  • Modifying, adapting, or altering in any manner any part of USee or modifying, adapting, or altering any other website so as to falsely imply that it is associated with USee.
  • Uploading images of others whose privacy has been invaded or without their consent where otherwise such consent would be reasonably required or appropriate.

 

The Company reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, the Company reserves the right to comply with any civil court orders and/or subpoenas. If the Company decides to investigate or resolve possible misuse involving you or anything you do on uSee, the Company is entitled, except to the extent prohibited by applicable law, to disclose any information about you in the Company's possession in connection with your use of uSee and anything you do with uSee to law enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.

By your acceptance of this Agreement and your use of uSee, you authorize the Company to take any such actions.


About Objectionable Conduct and Content

It is essential that all images, animations, messages and other content on uSee reflect the provisions of this Agreement. The Company reserves the right to remove any of these things if the Company becomes aware of any them that, in the Company's judgment, does not conform to this Agreement.

The Company may send you a warning about the violation of this Agreement if your site was responsible for putting objectionable content on uSee, but it reserves the right not to do so.

At all times, the Company reserves the right to terminate, with or without notice, the accounts of uSee users who violate this Agreement. In such case, you will not be entitled to any refund of any fee you may have paid for uSee services (subject to applicable law).

Some examples of objectionable conduct that violate the uSee acceptable use policy are:

  • Harassing, threatening, or embarrassing another uSee or Internet user.
  • Transmitting, storing or facilitating distribution of images, animations, messages of any other content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or objectionable.
  • If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or the age established by local law) who is not personally known to you.
  • Posting content that defames abuses or threatens physical harm to others or yourself.

Note that these are only guidelines. The Company reserves the right to make the final determination about whether any content is objectionable or not.

 

About Copyright/Intellectual Property Infringement

All images taken by the uSee system remain yours.  The Company will do its best to ensue that your images are only able available to you, however no guarantees will be made.

Software and other downloads available through uSee and running on each the uSee site are owned by the Company and by others, and are protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Any such software or downloads made available to you by uSee containing third-party software that has been licensed by its developers to the Company may be used by you for your own personal use, subject to any rights retained by the developers. You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of this software you find through uSee unless you have the legal right to do so.

Making unauthorized copies of any software/downloads can lead to the termination of your uSee access (without any refund of any prepaid fees or other amounts, subject to applicable law) and may even subject you to legal action. In addition, the owner of this software/download may take criminal or civil action against you. If this owner takes legal action against the Company because of your unauthorized use of software/download, you agree (to the extent permitted by applicable law) to hold harmless and indemnify the Company, its subsidiaries, affiliates, related companies, employees, members, agents and suppliers against any liability, claims, or demands, including the costs of the Company hiring attorneys to defend against the action.

By submitting or posting images on uSee, you are representing that you are the owner of such material or have authorization to distribute it.

The Company claims no intellectual property rights over the content uploaded to USee for your personal use. Your content remain yours.

Violations of System and Network Security

Violations of system and network security are absolutely prohibited and may result in criminal and/or civil liability. The Company will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement.

 

CONFIDENTIALITY, MONITORING AND INVESTIGATIONS

You understand and acknowledge that through your use of uSee, you may have access to certain information and materials relating to the Company’s business, its customers, software technology and marketing information that the Company considers confidential. You shall not disclose or reveal to any person or entity, any of this information without the express prior written consent of a duly authorized representative of the Company. Also, you shall not use or disclose any of this confidential information for any purpose, at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as this confidential information is a trade secret under applicable law and shall continue for 2 years following termination of this Agreement with respect to any confidential information, which does not rise to the level of a trade secret.

THE COMPANY HAS NO OBLIGATION TO MONITOR uSee. HOWEVER, THE COMPANY DOES RESERVE THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL uSee FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO YOUR ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT

When the Company becomes aware of possible violations, the Company may initiate an investigation, which may include gathering information from any uSee user or account involved, any third party and any complaining party. During the investigation, the Company may suspend or terminate a subscriber’s uSee account(s) involved and/or remove content involved from uSee. If the Company believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate content from the uSee, warnings to the uSee user(s), and the suspension or termination of the account or accounts responsible. If, as a result of any such investigation, the Company believes that any criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

BY BECOMING A uSee USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY, AND TO INDEMNIFY AND HOLD THE COMPANY HARMLESS WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

THIS MEANS THAT YOU CANNOT SUE THE COMPANY OR RECOVER ANY DAMAGES WHATSOEVER FROM THE COMPANY AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE uSee SYSTEM, AS A RESULT OF ACCADENTAL LOSS OF YOUR IMAGES OR OTHER CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR uSee ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

SOFTWARE LICENSES AND OWNERSHIP

The Company provides you with a limited license to use the Software running on each uSee site which provides access to uSee, which you agree to use in accordance with these rules. You may not sublicense, or charge others to use or access, this software. The Company will occasionally provide upgrades to improve uSee.

The Company grants to you a non-exclusive, non-transferable limited license to use the Software designed to provide access to and use of uSee for the sole purpose of connecting you to uSee. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the Software, or use it to communicate with or connect to any non-uSee server.

You may not modify the Software or use it in any way not expressly authorized by this Agreement.
The Software is confidential and proprietary information of uSee and its licensors and contains trade secrets and intellectual property protected under Australian copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with the Company and its licensors.

If the Company performs any customizations or modifications to uSee, all rights and interests to such customizations or modifications shall be the sole property of the Company.

The Company owns all database, compilation, collective and similar rights, title and interests worldwide in uSee and all related software, data and other proprietary information databases, and all information and derivative works generated from those databases.

The Company does not claim any rights in customer-generated.

AUTHORIZATION TO REMOVE CONTENT

The Company reserves the right to disable your access to uSee and to remove any content you may have stored on uSee (including images and any other content

 DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, uSee IS AT YOUR SOLE RISK. uSee IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

THE COMPANY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH uSee WILL BE FREE OF VIRUSES, ‘WORMS’, ‘TROJAN HORSES’, OR OTHER HARMFUL COMPONENTS. THE COMPANY’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY uSee SHALL BE CANCELLATION OF YOUR ACCOUNT.

IN NO CASE SHALL THE COMPANY, ITS MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF uSee OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR uSee USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH uSee AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH uSee. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

LEGAL PRINCIPLES

This Agreement represents your entire agreement with the Company with respect to uSee. You agree that this Agreement is not intended to give and does not give any rights or remedies to any person other than you, as a uSee user, and the Company. If any part of this Agreement is found to be invalid or unenforceable, that portion shall be construed to reflect, as nearly as possible, the original intentions of the parties, and the rest of this Agreement will remain in full force and effect.

Your conduct and use of uSee is subject to all local, state, Australian, and international laws.

You understand and specifically agree that exclusive jurisdiction for any claim or dispute with the Company regarding uSee or relating in any way to your account or your use of uSee will be in the courts of the State of Queensland, and that it will be governed by Queensland law. Venue for any such action shall be in Richmond Shire, unless otherwise agreed by the parties. You also agree and expressly consent to the exercise of personal jurisdiction in the Queensland courts in connection with any such dispute, including any claim involving the Company or its employees, contractors, officers, directors, telecommunication providers and content providers with respect to uSee.

The failure of the Company to require or enforce your performance of any part of this Agreement will not affect its right to require such performance at a later time, nor shall it be construed as a waiver of the Company’s right to enforce the provision itself.

You may not assign your rights or delegate any of your responsibilities under this Agreement without the prior written consent of the Company, and any attempted assignment or delegation without such consent shall be void and of no force or effect.

You agree to indemnify and hold the Company, its members and employees harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that the Company may incur as a result of your breach, or that of anyone you allow to use your account, of any term or condition of this Agreement.