UCare Terms of Service
By using the quicksites.com.au/ucare web sites (“Service”), all services of Quicksites(“Quicksites”), you are agreeing to be bound by the
following terms and conditions (“Terms of Service”).
Quicksites reserves the right to update and change the Terms of Service from time
to time without notice. Any new features that augment or enhance the current
Service, including the release of new tools and resources, shall be subject to
the Terms of Service. Continued use of the Service after any such changes shall
constitute your consent to such changes. You can review the most current version
of the
Terms of Service at any time.
Violation of any of the terms below will result in the termination of your
Account. While Quicksites prohibits such conduct and Content on the Service, you
understand and agree that Quicksites cannot be responsible for the Content posted
on the Service and you nonetheless may be exposed to such materials. You agree
to use the Service at your own risk.
Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods
are not permitted.
- You must provide your legal full name, a valid email address, and any other
information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple
people is not permitted. You may create separate logins for as many people as
you'd like.
- You are responsible for maintaining the security of your account and password.
Quicksites cannot and will not be liable for any loss or damage from your failure
to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your
account (even when Content is posted by others who have accounts under your
account).
- If you are using a free account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must
not, in the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
API Terms
Customers may access their UCare account data via an API (Application Program
Interface). Any use of the API, including use of the API through a third-party
product that accesses UCare, is bound by the terms of this agreement plus the
following specific terms:
- You expressly understand and agree that Quicksites shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if Quicksites has been advised of the
possibility of such damages), resulting from your use of the API or third-party
products that access data via the API.
- Abuse or excessively frequent requests to UCare via the API may result in
the temporary or permanent suspension of your account's access to the API.
Quicksites, in its sole discretion, will determine abuse or excessive usage of
the API. Quicksites will make a reasonable attempt via email to warn the account
owner prior to suspension.
- Quicksites reserves the right at any time to modify or discontinue, temporarily
or permanently, your access to the API (or any part thereof) with or without
notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
- If you initially sign up for an, and you don't cancel that account
within 90 days, you will be billed
quaterly starting on the 90th day after your account was initially created. If
you cancel prior to the processing of your first invoice on the 90th day, you
will not be charged.
- The Service is billed in advance on a quaterly basis and is
non-refundable. There will be no refunds or credits for partial quaters of
service, or refunds for months unused with an open account. In order to treat
everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes, levies,
or duties, excluding only Australian (federal or state) taxes.
Cancellation and Termination
- All of your Content will be immediately deleted from the Service upon
cancellation. This information can not be recovered once your account is
cancelled.
- If you cancel the Service before the end of your current paid up quater, your
cancellation will take effect immediately and you will not be charged again.
- Quicksites, in its sole discretion, has the right to suspend or terminate your
account and refuse any and all current or future use of the Service, or any
other Quicksites service, for any reason at any time. Such termination of the
Service will result in the deactivation or deletion of your Account or your
access to your Account, and the forfeiture and relinquishment of all Content in
your Account. Quicksites reserves the right to refuse service to anyone for any
reason at any time.
Modifications to the Service and Prices
- Quicksites reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice.
- Prices of all Services, including but not limited to quaterly subscription plan
fees to the Service, are subject to change upon 30 days notice from us. Such
notice may be provided at any time by posting the changes to the Quicksites Web Site (www.quicksites.com.au) or the Service
itself.
- Quicksites shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the
Service. Your profile and materials uploaded remain yours. However, by setting
your pages to be shared publicly, you agree to allow others to view and share
your Content.
- Quicksites does not pre-screen Content, but Quicksites and its designee have the
right (but not the obligation) in their sole discretion to refuse or remove any
Content that is available via the Service.
- The look and feel of the Service is copyright©2006-2007 Quicksites. All
rights reserved. You may not duplicate, copy, or reuse any portion of the
HTML/CSS or visual design elements without express written permission from
Quicksites.
General Conditions
- Your use of the Service is at your sole risk. The service is provided on an
“as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only
available via email.
- You understand that Quicksites uses third party vendors and hosting partners to
provide the necessary hardware, software, networking, storage, and related
technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as
to falsely imply that it is associated with the Service, Quicksites, or any other
Quicksites service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service without the
express written permission by Quicksites.
- We may, but have no obligation to, remove Content and Accounts containing
Content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of
Service.
- Verbal, physical, written or other abuse (including threats of abuse or
retribution) of any Quicksites customer, employee, member, or officer will result
in immediate account termination.
- You understand that the technical processing and transmission of the Service,
including your Content, may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or
“spam” messages.
- You must not transmit any worms or viruses or any code of a destructive
nature.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the
average bandwidth usage (as determined solely by Quicksites) of other UCare
customers, we reserve the right to immediately disable your account or throttle
your file hosting until you can reduce your bandwidth consumption.
- Quicksites does not warrant that (i) the service will meet your specific
requirements, (ii) the service will be uninterrupted, timely, secure, or
error-free, (iii) the results that may be obtained from the use of the service
will be accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by you through the service
will meet your expectations, and (v) any errors in the Service will be
corrected.
- You expressly understand and agree that Quicksites shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if Quicksites has been advised of the
possibility of such damages), resulting from: (i) the use or the inability to
use the service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service; (v) or any other matter
relating to the service.
- The failure of Quicksites to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision. The
Terms of Service constitutes the entire agreement between you and Quicksites and
govern your use of the Service, superceding any prior agreements between you and
Quicksites (including, but not limited to, any prior versions of the Terms of
Service).
- Questions about the Terms of Service should be sent to support at quicksites.com.au.