ImgCake Terms of Service


Introduction

Last modified: November 22nd 2014
Version number: 2.0

is the property of Pediasoft I.T. Pty Ltd (ABN 99 134 729 114). 

For the purposes of this agreement the words “ImgCake”, “we”, “our” and “us” refer to ImgCake Pty Ltd (ABN 99 134 729 114), and “Site” to materials delivered on the website located at the domain name www.ImgCake.com

These terms and conditions of service (“Terms“) should be read carefully by users of the Site (“you“) prior to accessing or using the information and services available through the Site.

ImgCake provides the information and services on the Site in accordance with these Terms together with any additional terms, conditions, notices or disclaimers placed on the Site from time to time. Your access to and use of the Site (including via mobile devices), including information, materials and services provided on the Site is conditional upon your acceptance and compliance with these Terms. Your access to and use of the Site, including information, materials and services provided on the Site, means that you accept all of these Terms and are bound by these Terms. If you do not agree with these Terms, you should leave the Site and discontinue use of any services provided by ImgCake immediately.

These Terms apply whether you are a visitor (which means that you are just browsing the Site) or a registered user (which means you have registered an account on the Site). In this document when we refer to you we refer to both visitors and users.

Subscription Purchases

You agree to provide us with current, complete, and accurate information for your billing account and will promptly notify us if there is any change in your billing address and, where you have paid by credit card, will promptly notify us if there is any change to your credit card number, or credit card expiration date or if your credit card is cancelled (for example, for loss or theft). Automatic Renewal Service

For Business Listing Plans, your subscription includes enrolment in our Automatic Renewal Service.

  • Without any additional action by you we'll automatically charge your credit/debit card the then-current subscription renewal price (plus applicable taxes) on your monthly anniversary date (the date which you joined).
  • You can cancel the Automatic Renewal Service by logging into your Business Portal
  • You need to give at least 14 business days notice before your anniversary date to cancel the Automatic Renewal Service.

Additional terms on the Site

In addition to these Terms important notices have been posted on the Site. Your use of the Site means that you also accept the terms, conditions, notices, disclaimers and policies posted on the Site, or in documents posted on the Site and that such documents are included in the definition of Terms, and form part of the Terms. ImgCake reserves the right to modify these notices at any time.

Information for personal use only

You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose, without ImgCake’s express permission. You may download material from this Site for your personal, non-commercial use only, however all of ImgCake’s intellectual property rights must be maintained.

You must not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not use data mining, robots, spiders, crawlers, scrapers, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication.

Cancellations and Refunds

If you cancel your subscription, there are no refunds issued for current month payment. You will not be charged for upcoming month.

Provision of services

ImgCake is constantly innovating its Site and its services in order to provide the best possible service for its users. You acknowledge and agree that the form and nature of the services which ImgCake provides may change from time to time without prior notice to you.  You also acknowledge and agree that ImgCake, in its sole discretion, may stop providing all or part of the services to you or to users generally, without prior notice to you.

You may stop using the services at any time.

You acknowledge and agree that while ImgCake may not currently have set a fixed upper limit on the total data that can be uploaded by users or on the amount of storage space used for the provision of any service, ImgCake reserves the right to set such fixed upper limits at any time for each user (collectively or individually), at ImgCake’s discretion.


Intellectual Property

Ownership

All intellectual property contained on the Site and in the services provided by ImgCake is owned or licensed by ImgCake (unless otherwise acknowledged on the Site) and protected by intellectual property laws of Australia and other countries.  ImgCake owns or has been licensed:

Use and adaptation

ImgCake grants you a personal, non-exclusive, revocable, non-transferable licence to use its software on a server controlled by ImgCake, for the sole purpose of using ImgCake’s services and accessing and obtaining information from the Site, in a manner pursuant to the Terms.

Nothing in the Terms gives you a right to use any of ImgCake’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features.

Except as necessary for the use of the Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you may not (directly or indirectly) in any way distribute, sub license, modify, translate, publish, rebroadcast, transmit, communicate, reverse engineer, attempt to discover source code, decrypt, or de-compile in any way any, or create derivative works from any Site Components without the prior written consent of ImgCake. You are not licensed to use or install the source code or software, other than as specifically authorised by ImgCake. ImgCake reserves the right to add, remove or vary any source code or software.

You further agree not to use any Site Component obtained through the Site in a manner that is competitive with the Site or ImgCake’s business.

All of ImgCake’s rights in this regard are reserved.

Licence to ImgCake

At the time of submitting and/or uploading any content and other information to the Site (including on any blog or forum), you grant ImgCake a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, adapt, translate, publish, create derivative works from, distribute, communicate to the public, perform, display and otherwise deal with that content and information by any means whatsoever (including, without limitation, in print and electronic form).   You warrant that you have the right to grant ImgCake such a licence.  For the avoidance of doubt, this licence survives any termination of your account or you ceasing use of our services.

Moral rights

If you are the holder of any “Moral Rights” (being rights of integrity, rights of attribution and other rights of an analogous nature which now exist or which may exist in the future, including, without limitation, moral rights under the Copyright Act 1968 (Cth) or any comparable law of any other jurisdiction) in any content or other information that you submit and/or upload to the Site (“Works”), you consent in favour of ImgCake, its employees, agents, officers, contractors, licensees, assignees and successors in title and any person authorised by ImgCake (“ImgCake Parties”), to any activity the performance of which would otherwise infringe your Moral Rights in the Works.  If you are not the holder of the Moral Rights in the Works, you warrant that the holder of the Moral Rights in the Works has consented in writing in favour of the ImgCake Parties to any activity the performance of which would otherwise infringe that person’s Moral Rights in the Works. 

Multimedia works

The Site may contain multimedia works (such as videos or still images) licensed to ImgCake from third party providers.  These works are provided to you by ImgCake purely for the effective operation of the Site.  You may not (directly or indirectly) distribute, modify, translate, publish, rebroadcast, transmit or communicate any works or create derivative works from any image or other multimedia work contained on the Site.

Accuracy of information on the site

We make every effort to ensure that all information displayed on the Site is accurate and we will correct any errors or omissions as soon as practicable after being notified of them. We do not guarantee that the Site will be fault free or that all of the information displayed will be completely accurate and we accept no liability whatsoever for any errors or omissions.

To the extent permitted by applicable law, ImgCake disclaims all warranties, representations (whether express or implied) and responsibilities about the reliability, accuracy or completeness of any information contained on the Site. Your use of the Site is at your own risk.

Third party sites and advertising

The Site contains links to other websites which are not maintained or controlled by ImgCake or its related companies ("third party site").  Third party sites are not part of the Site and the links are provided by ImgCake solely for your convenience.  ImgCake has not reviewed any third party site and makes no representations or warranties whatsoever about any third party site.  ImgCake does not endorse, nor does it accept any responsibility for, the content or use of any third party site.

The Site may contain advertisements which are not maintained or controlled by ImgCake or its related companies ("third party ads").  Any responsibility for the content of any third party ads, and any representations or warranties made in any third party ads, rests solely with the advertiser.  The placement of such third party ads on the Site does not constitute ImgCake’s recommendation or endorsement of any advertised product or service.  You should seek to obtain all accurate and up to date information directly from the third party before making a decision to apply for or acquire the product or services.

ImgCake is not responsible for the copyright compliance of any third party site. We will not accept any liability for any damages of loss arising in any way out of or in connection with your access, use or reliance of those websites.

Your use of any third party site linked through the Site is at your own discretion and risk.  You acknowledge and agree that ImgCake is not liable for any loss or damage which may be incurred by you as a result of the content on, or availability of, those third party sites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such third party sites.


Use of the Site

Illegal activities

You must not use the Site to facilitate or participate in any illegal activity or engage in any activity which ImgCake, in its absolute discretion, considers inappropriate.  ImgCake reserves the right to terminate or restrict your access to the Site immediately and indefinitely if it suspects that you are engaging in any such behaviour or are in breach of any of the Terms. 

Restrictions

When using the Site, you agree not to:

Warranties

You warrant to ImgCake that, when accessing the Site, using our services or providing any information or content to the Site, you have full legal capacity to agree to these Terms and you agree to act in good faith and in accordance with these Terms.

You also warrant to ImgCake that where you have registered with ImgCake, you have the right to provide all information and content you provide on the Site, including your registration information, and that the information and content provided by you:


Limitation of Liability

No warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL SITE COMPONENTS ARE PROVIDED BY ImgCake “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY ImgCake, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.   ImgCake DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY SITE COMPONENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ALL SITE COMPONENTS IS WITH YOU.

Exclusion of Liability

Access to the Site outside Australia

ImgCake does not represent or warrant that the content on the Site complies with the laws of any country outside of Australia.  If you access the Site from outside Australia, you do so at your own risk.

Indemnity

You agree to release, indemnify and hold ImgCake, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, damages, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site, information or content submitted or uploaded by you to the Site and/or arising from a breach by you of these Terms (including any breach of your representations and warranties given by you in these Terms).

Right of Removal

ImgCake reserves the right to remove, screen, filter or modify any content submitted by you or post on the Site if ImgCake believes, at its discretion, that the information or content provided by you is false or misleading, breaches these Terms, or it otherwise considers it inappropriate. ImgCake takes no responsibility and assumes no liability for any content posted by you or any third party. You agree to indemnify ImgCake for any loss or damage arising as a result of your breach of these terms.

ImgCake also reserves the right to refuse initial registration, close, terminate or suspend any account established by you with the Site, change your details, or re-issue or re-use your username with another user, at its sole discretion. If we have refused registration or closed, terminated or suspended any account established by you with the Site, you may not open another account with us without our written permission.

You acknowledge and agree that if ImgCake disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.  If your account is terminated ImgCake or if you unsubscribe your registration or close your account, ImgCake may keep a back-up copy of any content uploaded by you for a reasonable period of time.

Our rights to use information you send us

ImgCake welcomes ideas and feedback from you about all aspects of the Site. You agree that ImgCake may reproduce, distribute, transmit, create derivative works of, use for Site enhancements, use for commercial purposes, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards and forums), submit via our feedback form, or submit to us via email or any other form of communication.

Reliance on service

ImgCake provides no guarantee or warranty to you that the services available through its Site will be uninterrupted, error-free, secure, timely, secure from error, accurate, reliable, or that defects in the service will be corrected. Whilst ImgCake will endeavour to maintain ongoing access, access to the Site may be suspended, restricted or terminated at any time. ImgCake is not responsible for any problems or technical malfunction with the Internet, with the Site, or a combination thereof.

ImgCake will not be liable for any software or hardware issues that may reside at the user’s end that limits or interferes with the services provided by ImgCake. These include, but are not limited to, complex networks that do not allow network traffic through to ImgCake servers including proxy servers, terminal services or ISP issues, and software conflicts on a user’s machine, not allowing the ImgCake code or software to be installed, used or accessed.

Security of information

While ImgCake takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on ImgCake systems or on ImgCake’s Site. ImgCake cannot always ensure that it’s computer systems, network resources, files available for downloading and email communications will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected. ImgCake disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Your responsibility for your login and password

If you elect to register an account with ImgCake, you will be issued with a password and a ImgCake username which is a URL (username.ImgCake.com).  You may change your login or password at any time by following instructions on the Site. You may also unsubscribe your registration at any time.

While registering you will need to supply us with accurate, complete and up-to-date personal information so as to be supplied with the services offered to registered users.  When selecting the username during registration, you will not deliberately:

ImgCake will not be responsible if you do not receive important notifications due to inaccurate personal information or your failure to notify us of changes to your personal details. Correspondence from ImgCake will be sent to you via the contact email address that you provide us. ImgCake waives any responsibility for correspondence not being received at this address.

You must not transfer for your account to anyone other person without ImgCake’s written permission.  You agree to immediately notify ImgCake of any unauthorised use of your login name or any other breach of security known to you.

It is your responsibility to immediately advise us of any change to your contact email address or other personal information.

ImgCake cannot and does not know or control whether you have given access to your login and password to other people and recommends that you keep your login and password details confidential. You are entirely responsible if you do not maintain the confidentiality of your login and password, and the actions of the people (if any) you allow to access your login and password details. You are entirely responsible for any and all activities that occur under your login name.

Access to Site via mobile applications

The Site may include versions designed for mobile content that may be viewed on mobile devices (the “Mobile Sites”).  In order to use the Mobile Sites, you must have a wireless mobile device and wireless service through a mobile service provider.

You agree that you are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Site or Mobile Sites.  All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details.

ImgCake is not responsible for any fees in accessing the Site or Mobile Sites from your mobile device.

These Terms apply in respect of access to and use of the Site or any Mobile Site.

Notice

You agree to promptly inform ImgCake of any breach by you of these Terms and of any conduct of any other person which you think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.

Modification

ImgCake reserves the right to modify these Terms in whole or in part from time to time without providing you notice.  Any amendments made to the Terms will be effective immediately upon their posting to the Site.  Your continued use of the Site, or continued use of any information obtained through the Site or from our services, will represent your agreement to be bound by the amended Terms. 

ImgCake will make a new copy of the Terms available at the Site at https://www.ImgCake.com/terms .


General Terms

Dispute resolution

Where there is a dispute between you and ImgCake, you agree to resolve any dispute promptly and in good faith.  If you and ImgCake are unable to resolve a dispute, then either party may submit the dispute for non-binding impartial mediation before a mediator located in Melbourne, Australia.  If the dispute is not resolved by mediation, either may pursue any remedy available to it under the laws of Victoria, Australia.

Assignment

You may not assign, transfer or otherwise deal with these Terms or any right or obligation under these Terms without the prior written consent of ImgCake.  ImgCake may assign, transfer or otherwise deal with these Terms or any right or obligation under these Terms without your consent.

Entire agreement

These Terms constitute the entire agreement between you and ImgCake with respect to the subject matter of these Terms and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of the Terms will be effective only if in writing and signed by ImgCake or confirmed in an email from ImgCake to you.

Severability

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, that provision or portion will be severed from the Terms and the remainder of the Terms will continue in full force and effect. 

Notices

All notices, requests, demands, consents, approvals, offers, agreements or other communications given by You to ImgCake must be emailed to ImgCake at support@ImgCake.com

Governing law

These Terms are governed by and will be construed in accordance with the laws of Victoria, Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence.

Privacy

We are committed to protecting Your privacy in accordance with our Privacy Policy.  To access our Privacy Policy, please click here