Terms of service
These Terms of Service (hereinafter, referred to as "the Terms") for the website http://helixninja.com (hereinafter, referred to as the "Website") constitute a legal agreement between the user (hereinafter, referred to as "user", "you", "your") of the Website and Helix Ninja Pty Ltd, an Australian company, having a registered address at Unit 2/57 Eyre Street, Kingston ACT 2604, Australia (hereinafter, referred to as the "Company", "us", "we", "our"). By using the Website, you agree to be legally bound by these Terms. In case you do not agree with one or more provisions of these Terms, please do not use the Website. You are authorized to use the Website only if you agree to these Terms.
1. The Website
1.1 The Website is a blank generation cloud-based software as a service (SaaS) platform which enables its users to produce manufacturing drawings and documents for the production of sectional screw segments.
1.2 You are not allowed to register more than one account on the Website by using the same email address. If you register multiple accounts, you will need to pay subscription fees for each registered account.
2. Company's Content
2.1 Some of the content published on the Website is owned by the Company (hereinafter, referred to as "Company's Content"). Company's Content includes, but is not limited to, images, source code, and text. We would like to inform you that Company's Content is strictly confidential and is protected by the intellectual property laws of Australia and the applicable intellectual property laws (within Australia and internationally). Unless explicit written approval has been granted, you are not allowed to use Company's Content for other than the intended purpose.
3. User-Generated Content
3.1 The Website offers users the opportunity to generate and store content on the Website (hereinafter, collectively referred to as the "User-Generated Content"). The User-Generated Content may include, for example, drawings containing text, dimensions, shapes and settings for machine setups. User-Generated content is strictly for internal use only and for the intended purpose only.
3.2 You agree not to generate and store any User-Generated Content that:
- (i) violates any applicable laws;
- (ii) contains malware (e.g., viruses, worms, and Trojan horses) or redirects to websites containing malware;
- (iii) violates the intellectual property rights of others;
3.3 We reserve the right, in our sole discretion, to modify, delete or remove any User-Generated Content which violates these Terms.
3.4 By generating any User-Generated Content, you acknowledge and agree that you will be solely responsible and liable for any claims, costs, expenses, liabilities, losses, and damages arising out or in connection with your User-Generated Content.
3.5 By generating your User-Generated Content, you grant the Company royalty-free rights to (i) store, (ii) host, and (iii) use the User-Generated Content for the purposes of enhancing Website's capabilities, usability, and accuracy. If you delete your User-Generated Content, you understand that it may still exist in backup copies.
4. Customer support
4.1 Please feel free to submit your support query to us. You can do this by sending an email to firstname.lastname@example.org or by filling out the contact form available at http://helixninja.com/contact-us .
4.2 Please feel free to contact us by telephone. You can do this by contacting us on the telephone number available at http://helixninja.com/contact-us .
5. A license to use Company's Content
5.1 Subject to the provisions of these Terms, we grant you a personal, revocable, nonexclusive, nontransferable, limited license to use Company's Content for internal purposes only.
6. License restrictions
6.1 Unless otherwise stated in these Terms, you are not allowed to: (i) distribute Company's Content; (ii) copy Company's Content; (iii) disassemble, make alterations, decompile, reverse engineer, translate, adapt Company's Content; and (iv) distribute, rent, loan, use, lease or attempt to grant other rights to Company's Content.
6.2 You are not allowed to: (i) reverse engineer Company's Content for any purposes; (ii) rent Company's Content to third parties; (iii) transfer or grant any rights (e.g., rights related to service bureau use, provision of reports, data processing, and commercial time-sharing) in Company's Content to any party; and (iv) disclose the security settings and passwords used to access Company's Content to any person.
6.3 We may track your usage of Company's Content, including the location from which Company's Content was accessed, for the purpose of enforcing these Terms.
7.1 All Company's Content, including trademarks, service marks and trade names of the Company, is intellectual property of the Company, its partners, agents, licensors, vendors, and/or other content providers.
7.2 All User-Generated Content is property of the respective owners. The Company is not responsible in any manner for the User-Generated Content.
8. Payment for the Services
8.1 The Company provides cloud-based software services for producing manufacturing drawings and documents for the production of sectional screw segments (hereinafter, referred to as the "Services"). In order to start using the Services, you need to: (i) register an account on the Website; and (ii) pay the applicable subscription fees. For more information on our subscription fees, please visit http://helixninja.com .
8.2 All payments related to the purchase of the Services can be made only through our third party payment processor eWAY. eWAY is a trading name of Web Active Corporation Pty Ltd having an address at Level 1, 2 Shea St, Phillip, ACT 2606, Australia (hereinafter, referred to as the "Third Party Payment Processor"). The official website of the Third Party Payment Processor is https://www.eway.com.au . You agree that we shall not be liable if the Third Party Payment Processor declines or refuses a payment.
8.3 You can make payments by direct debit or credit card.
8.4 You agree not to hold the Company liable for payments that do not reach the correct account because you have quoted an incorrect account number or incorrect personal information.
8.5 We do not provide refunds of paid subscription fees.
8.6 You can use our free trial service at any time. It will provide you with the opportunity to generate up to five blanks.
9. Your warranty to the Company
9.1 You represent and warrant that: (i) you will not use the Website in a way that violates any applicable law; and (ii) you will use the Website only in accordance with these Terms.
10.2 We do not place advertisements on the Website in such a way as to reach the users of the Website on the basis of their behavioral, psychographic, and demographic attributes.
11.1 We put reasonable efforts to ensure that the Website is always available. Nevertheless, we cannot guarantee that the Website would be always available because the availability of the Website may be affected by factors, which we cannot control, e.g., bandwidth problems, equipment failure, or acts of God. We do not accept any responsibility for the unavailability of the Website caused by such factors.
12.1 The Website and the User-Generated Content may contain links to websites owned by third parties. We are not responsible for the content of websites owned by third parties.
13. Disclaimer of warranties
13.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE PROVIDE THE WEBSITE ON "AS AVAILABLE", "AS IS", AND "WITH ALL FAULTS" BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, SUITABILITY, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE. WE HEREBY DISCLAIM ALL WARRANTIES REGARDING THE WEBSITE AND ITS OPERATION.
14. Limitation of liability
14.1 UNLESS OTHERWISE STATED IN THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED DAMAGES ARISING OUT OR IN CONNECTION WITH THE WEBSITE.
15.1 These Terms are in force until terminated.
15.2 We may, at our sole discretion, terminate these Terms at any time by sending you a message through the Website. In addition, your rights under these Terms will be automatically terminated if you do not comply with any provision of these Terms.
15.3 After the termination of these Terms, all legal rights granted to you pursuant to these Terms will terminate and you shall stop using the Website.
16. Governing Law
16.1 The Terms shall be governed by the laws of Australia.
16.2 All disputes arising out of or in connection with these Terms shall be resolved by the courts in New South Wales, Australia.
17. Amendment of these Terms
17.1 We reserve the right to amend these Terms from time to time by posting an amended version on the Website. Your continued use of the Website after posting such an amended version will constitute your acknowledgment of the amendments and your consent to abide and be bound by the amended Terms. Please regularly review these Terms in order to be aware of new amendments.
18. Last amendment
18.1 These Terms have been last amended on 13th of September 2016.