Terms of Use

Terms of Use – Seethrough.com

These Terms of Use (‘Terms’) governs your use of the Seethrough.com website (‘website’) and incorporates the acceptable terms of use of the website. By using the Service, you agree to be bound by these Terms and also the Privacy Policy and Community Guidelines. You acknowledge that your agreement to these terms constitutes a legally binding agreement between you and Seethrough.com (‘SeeThrough’, ‘we’, ‘us’ and ‘our’). If you do not agree to be bound by any of these terms, you are not authorised to use the site and must refrain from accessing it.

As used in these Terms, ‘SeeThrough Service’, ‘Service’, our Service’ or ‘the Service’ means the service provided by SeeThrough for discovering and using SeeThrough content, including all features, functionalities, websites and user interfaces, as well as all Content and software associated with our service.

Accounts

To use certain features of our Service, you may be required to create a SeeThrough account (an ‘Account’) and provide us with a username, password and certain other information about yourself as set forth in the Privacy Policy.

When you create an account with us, you guarantee that the information you provide us is accurate, complete and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You may not use a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life). We will inform you in advance if we have to do this and explain why.

You are responsible for maintaining the confidentiality of your account and password. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password to anyone.

You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify is immediately upon becoming aware of any breach of security or unauthorised use of your account. We can terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity.

You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.

SeeThrough Service

Who can use SeeThrough?

You must be 18 years of age to use the SeeThrough service.
 
The SeeThrough service and any content viewed through the Service are for your personal and non-commercial use only. You can only access our Services if you are not prohibited from receiving our Services under applicable law or are a convicted sex offender.

You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein.

If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.

Acceptable Use

You may not use our Products to do or share anything that violates these Terms, our Community Guidelines and other terms and policies that apply to your use of SeeThrough.

  • used for the purposes of harassment or abuse
  • used for illegal tracking and monitoring of natural persons
  • used by persons not authorised by the primary account holder
  • used to make personal gains or conduct personal business
  • used in a way that could affect its reliability or effectiveness
  • used in any way that infringes these Terms or for an unlawful purpose

SeeThrough users must not:

  • use the Service in a way that infringes on the rights of other Service users
  • use the service to do or share anything unlawful, misleading, discriminatory or fraudulent
  • access, download, send or receive any data (including images), which are offensive in any way, including sexually explicit, discriminatory, defamatory or libellous material
  • use any content from the Services, in a manner that is likely to be misleading or deceptive, or otherwise conveys inaccurate or incomplete information to the public
  • interfere or attempt to interfere in any manner with the functionality or proper working of the Service
  • archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms) content and information contained on or obtained from or through the Service.
  • upload to the Service or use the Service to store, process or transmit material in violation of third-party privacy or data protection rights
  • impersonate another person, misrepresent your affiliation with another person or entity, engage in fraud, or hide or attempt to hide your identity
  • access any unauthorised part of the Service platform
  • attempt to compromise the security of the Service platform in any way.
  • attempt to probe, scan or test the vulnerability of any part of the Service platform without proper authorisation
  • circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.
  • use the Service to store, process or transmit any malware. Malware means programming (code, scripts, active content and other software) that is designed to disrupt or deny operation, gather the information that leads to loss of privacy or exploitation, or gain unauthorized access to system resources, or that otherwise exhibits abusive behaviour. Malware includes computer viruses, worms, trojan horses, spyware, dishonest adware, scareware, crimeware, most rootkits, or other malicious or unwanted software or programs.
  • Falsely or inaccurately represent either directly or indirectly that you, your organisation, your website or your goods or services or any other person, their website or goods or services are connected with, or sponsored or approved by, us or any of our partners or associated entities or bodies.

Violation of these Terms may lead to suspension or termination of the user’s account. In addition, the user may be required to pay for the costs of investigation and remedial action related to violations. Any criminal activities are subject to referral to law enforcement. Any hard to the Services caused by violation of these Terms may lead to legal action.

If we remove content that you have shared in violation of our Community Guidelines or Terms of Use, we will let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

To help support our community, we encourage you to report content or conduct that you believe violates your rights or our terms and policies.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

We will send you information relating to your account (e.g. updates to policies, changes in password, confirmation messages, notices etc) in electronic form only, for example via emails to your email address provided during registration.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information text, or other material (‘Content’). You are responsible for the Content that you post on or through the Service, including its legality, accuracy, reliability, appropriateness and compliance with our Terms of Use and Community Guidelines.

By posting Content on or through the Service, You warrant that: (i) the Content is yours (you own it) and/or you have the right to use in and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We have no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use our Content subject to these Terms.

We have the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of SeeThrough, or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Any content we communicate using this site is communicated in good faith as general information only, and is not in the nature of advice. We derive our content from sources we believe to be accurate and current as at the date of publication, but we reserve the right to correct or update content at any time.

Intellectual Property

The Service and its original Content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SeeThrough and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

If you use content covered by intellectual property rights that we have and make available in our Services (for example, images, designs, videos, our sounds we provide that you add to content you create or share on SeeThrough), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our brand usage guidelines or with our prior written permission. You must obtain our written permission to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Links to Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

Advertising

You provide us with permission to use your name, profile picture and information about your actions with ads and sponsored content.

You give us permission to use your name and profile picture and information about actions you have taken on SeeThrough next to or in connection with ads, offers and other sponsored content that we display across our Services without any compensation to you.

Termination

If you wish to discontinue use of your account, you may simply discontinue use of the Service. Alternatively, you can deactivate your account which prevents others from being able to interact with you and limits your access to the Service.

On deactivation the anonymous reviews you previously provided will continue to be visible on the Service.

We may terminate or suspend your account and bar access to the Service immediately, without proper notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. You will not re-establish an account on the Service if we have previously terminated your account for violations of our terms or policies.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless SeeThrough and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these terms, or (c) Content posted on the Service.

Limitation of Liability

In no event shall SeeThrough, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Where permitted under the applicable law, you and SeeThrough agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and SeeThrough agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

Disclaimer

The website is a public forum presenting user opinions on selected products and as such the views expressed do not necessarily reflect the opinion of SeeThrough.

Your use of the Service is at your sole risk. The Service is provided on an ‘as is’, ‘as available’ and ‘with all faults’ basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, non-infringement or course of performance.

SeeThrough its subsidiaries, affiliates and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

SeeThrough does not warrant the accuracy of any hypertext links or third-party links provided on the site, not the suitability nor accuracy of any content located at those links. Links connecting the website with other websites are for convenience only and do not mean the SeeThrough is associated with, endorses or approves those other websites, their content, or the people who run, or contribute to them.

We do not warrant that the results that may be obtained from the Service will be accurate and reliable. No person should act or fail to act on the basis of these materials.

We reserve all rights not expressly granted to you.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Privacy

Your use of the Service is also subject to the SeeThrough Privacy Policy available at www.seethrough.com.

You agree that SeeThrough may collect and use technical data and related information, including but not limited to technical information about your device, system and software peripherals that is gathered periodically to facilitate the provision of product support and other services related to the Services. SeeThrough may use this information to improve its products or to provide services or technologies to you. More information on our use of data can be obtained from our Privacy Policy.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Australia. You agree to submit to the exclusive jurisdiction of the courts of South Australia.

Severability

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

General

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

If you download or use our software, you give us permission to download and install updates to the software where available.

You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

Changes

We may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you. We may assign or transfer our agreement with you including associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

Contact Us

If you have any questions about these Terms of Use, please send us an email at support@seethrough.com.

Last update: 12/09/2019