Terms of Use

Introduction

Thank you for using Chambu. These terms and conditions ("Terms of Use", "Terms") govern your access to and use of Chambu ("Site",Chambu", "we","us" or "our") websitesand services ("Services", "Applications", "Software", "Tools"), so please carefully read them before using the services.

Persons and entities, whether incorporated or not, subscribing to Chambu must read and ensure that they understand and agree to the following terms and conditions ("Terms of Use"), Chambu Disclaimer and Chambu Privacy Policy before submitting any application for subscription to the Site or Services. If you are using Chambu on behalf of anEntity, you are agreeing to these Terms of Use for that Entity and promising that you have the authority to bind that Entity to these terms and conditions. In that case, “you” and “your” will refer to that Entity.

You accept this User Agreement by ticking the box "I agree to terms & conditions of use and privacy policy. " when registering a Chambu account; accessing or using Chambu's sites, services, and tools; or as otherwise indicated on a specific site, service, or tool. If you do not want to register an account and become a Chambuuser, do not conclude the Agreement, do NOT tick the box "I agree to terms & conditions of use and privacy policy. " and do NOT access, view, download or otherwise use any Chambu webpage, information or services. By ticking the box "I agree to terms & conditions of use and privacy policy. " you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By ticking the box "I agree to terms & conditions of use and privacy policy. " You also consent to use electronic signatures and acknowledge your tick of the box "I agree to terms & conditions of use and privacy policy. " as one.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Chambu and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

1. Agreement to be bound by these Terms of Use

  • 1.1.These terms and conditions ("Terms of Use") apply between you (being anyone who uses or subscribes to this Site) and Chambu Pty Ltd ACN 162 478 953 of8 King Arthur Drive, Glen Waverley, VIC 3150.
  • 1.2. By subscribing to become a Member or otherwise using and/or visiting this Site or using the Services, you agree to be bound to these Terms of Use.
  • 1.3.Chambu reserves the right to vary these Terms of Use and any such variation will be binding on you immediately upon publication of such variation on the Site. Although Chambu will endeavour to alert Members to such variations upon or prior to publication, you should regularly review the Terms of Use, Chambu Disclaimer and Chambu Privacy Policy published on the Site.

2.. Definitions

  • 2.1. In these Terms of Use, unless the contrary intention appears, the following words have these meanings:
    1. Account means an account to the Site or Application in the name of a Member;
    2. Chambu Disclaimer means the disclaimer given by Chambu and published on the Site, as varied from time to time;
    3. Chambu Privacy Policy means the privacy policy published by Chambu on the Site, as varied from time to time;
    4. Member means a person who has subscribed for and been accepted by Chambu as a member to the Site or Services;
    5. Membership Fee means a fee per calendar month, part of a calendar month, year or part of a year, or for any other period (plus GST), as varied by Chambu from time to time;
    6. Password means the password allocated to an Account;
    7. Services means the services provided by Chambu to Members via the Site, Web Application or any other means;
    8. Site means the website located at www.chambu.com;
    9. Entitymeans an organisation whether a company or any other entity, incorporated or not, which is involved in a profitable or not profitable venture

3. Membership

  • 3.1. In order to view and access the Services, you must apply for and be accepted by Chambu as a Member.
  • 3.2. You may only access the Services using your Account and Password.
  • 3.3. You agree that all information that you provide in your application for subscription to the Site and its Services is accurate and agree to notify Chambu immediately if this information changes.
  • 3.4. You are responsible for keeping your Account information and Password secure. If you suspect or become aware of any unauthorised use of your Account or Password, you must notify Chambu immediately. You agree to be responsible for keeping your passwords associated with your Chambu account secret and secure. Chambu may be able to help you retrieve lost passwords, but may not be held responsible or liable if it cannot help locate or reset a lost password.
  • 3.5.By applying to become a Member, you warrant that you are over eighteen years of age and can legally comply with these Terms of Use
  • 3.6By applying to become a Member for a legal entity, you warrant that you are the authorised representative of the legal entity and are binding the legal entity to comply with these Terms of Use

4. Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Chambu of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Chambu, it is your responsibility to use a secure encrypted connection to communicate with the Services.

5.Third Party Links

The Site contains links to other websites and sources, which may be operated by third parties. Chambu does not endorse third party websites or resources and will not be held liable for the content contained on them. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

6. Services

  • 6.1. Although Chambu will endeavour to provide you with access to the services on the Site according to the terms of your Membership, Chambu does not guarantee that Members will be able to access all services and functions of the Site at all times, and does not warrant that the services will be provided without disruption.
  • 6.2. The Services and Applications are provided “AS IS” and "AS AVAILABLE" basis, at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or non infringement. Chambu will have no responsibility or liability for the availability, timeliness, security or reliability of the Service, for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Applications.
  • 6.3. Chambu reserves the right to alter, remove or add functionality to the Site or Services at any time, and may temporarily prevent or suspend access (for example, for updates and upgrades) without notice at its discretion. In the event that one or more services are removed, you will be entitled to terminate your Account without incurring further fees (but for the avoidance of doubt, any unpaid Membership Fees and other amounts payable to the date of termination will be due and payable by you immediately upon such termination).
  • 6.4. Chambu currently does not impose any restrictions on the number or size of the storage or transmissions you may send or receive through Service, but you agree theatChambu can set these limits at any time, at the sole discretion of Chambu.
  • 6.5Chambu reserves the right to permanently terminate the Site for any reason upon giving notice to you and in such event, you will not be liable for any further Membership Fees for the period on and from the date of notice and Chambu will refund the unused portion of Membership Fees prepaid by you calculated daily for any period on and from the date of termination of the Site.

7. Use of Site

We trust you to use our Services responsibly and you agree not to misuse Chambu Services.

  • 7.1.You agree and acknowledge as follows:

    1. You shall only access and use the Site and Services in accordance with these Terms of Use and the law;
    2. You shall not in any way act to disrupt or manipulate the Site or Services, including the servers and networks that host Chambu;
    3. You agree to only access (or try to access) and use the Services through interfaces provided by Chambu. You shall not access (or try to access) and use any of the Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.
    4. You shall not attempt to interfere with the Chambu's security or other features that restrict use of content contained or published on the Site or Services;
    5. You are not permitted to use any material published on the Site or Services unless expressly authorised by Chambu in writing;
    6. f. Any suspected illegal activity may be referred to appropriate authorities.

  • 7.2.Any use of Chambu or information obtained from Chmabu for the following is strictly prohibited:
    1. Transmission of unsolicited electronic mail, including promotions and/or advertising of products or services; and
    2. Transmission or publication of material that could constitute or encourage violation of any law or regulation (including infringement of any intellectual property rights of others) and/or may be libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

  • 7.3.Invite or Share: Using this feature you should only invite people or share with people, who you know and have consent to send such invitation.
  • 7.4.Content in the Service: You acknowledge and understand that all information (including data files, e-mails, computer software, advertisements, sponsored content and others), which you may have access to when using the Service, are the sole responsibility of the entity from which such content originated. Such information will now be referred to as the “Content.”
    • You may come across Content when using the Service that may be protected by intellectual property rights owned by entities who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of products or services) based on this Content.
    • If you come across Content when using the Services that may be infringing a copyright, trademark, or patent claim, you agree to notify use of the potential infringement by e-mailing contact@chambu.com as soon as possible. Chambu reserves the right to pre-screen, review, filter, modify, flag, refuse, or remove any or all Content from any Service at any time, at the sole discretion of Chambu.
    • You understand that when using the Service, you may come across material that you find objectionable, offensive or indecent and that you are using the Service at your own risk.
    • You agree that you are solely responsible any Content that you create, transmit or display when using the Service and are responsible for any consequences of such actions.
    • Chambu may remove any Content from user accounts at any time and for any reason at the sole discretion of Chambu.

  • 7.5Acceptable Use Policy: You agree to abide by Chambu's acceptable use policy, which Chambu may update from time to time. The current policy requires you must not attempt to use the services to do the following things:
    • probe, scan, or test the vulnerability of any system or network;
    • breach or otherwise circumvent any security or authentication measures;
    • access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, Chambu (or our service providers’) computer systems;
    • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
    • plant malware or otherwise use the Services to distribute malware;
    • access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
    • send unsolicited communications, promotions or advertisements, or spam;
    • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
    • publish anything that is fraudulent, misleading, or infringes another's rights;
    • promote or advertise products or services other than your own without appropriate authorization;
    • impersonate or misrepresent your affiliation with any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity;
    • or attempt to use another user’s account;
    • abuse Chambu referrals;
    • publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred. Chambu reserves the right to remove any or all objectionable content at its sole discretion;
    • violate any Terms and any applicable law, regulation, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions.
    • violate the law in any way, or to violate the privacy of others, or to defame others

8. Privacy and Security

  • 8.1.You agree and acknowledge that the Chambu Privacy Policy shall apply in relation to the collection and use of your personal information.
  • 8.2.2 You agree and acknowledge that the information provided by you to Chambu may be used by Chambu to operate the Services. By using our Services you may provide us, from time to time, with data, images, files, and folders that you submit to Chambu (together, “your information”). You retain full ownership to your information. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your information or intellectual property except for the limited rights that are needed to run the Services, as explained below.
  • We may need your permission to do things you ask us to do with your information, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with Chambu to provide the Services, for example our vendors or partners, which provides our storage space (again, only to provide the Services).

  • 8.3.Chambu will take reasonable steps to preserve the security of your personal information collected by Chambu in accordance with its obligations under the Privacy Act 1988 and the Chambu Privacy Policy.
  • 8.4.If you are a Corporate or Business member, we may display your Company or Profile Name, Logo, Brand or any other corporate identification which are available in public domain for the purposes of but not limited to providing our Services, displaying on our website, using in our ads, for our publicity and in any other commercial contexts which is in line with our Privacy Policy. You provide Chambu Pty. Ltd. unrestricted, unfettered, absolute and explicit consent to use thesecorporate identifiers, Company or Profile Name, Logo or Brand for the purposes outlined in Clause 8.4.
  • 8.5Data transmission over the Internet cannot be guaranteed as totally secure. Chambu will endeavour to protect such information, however it does not warrant and cannot ensure the security of any information which you transmit to or via the Site or Services. Accordingly, any information which you transmit to or via the Site or Services, including your credit card details, is transmitted at your own risk.

9. Warranties and Acknowledgements

  • 9.1.You warrant at all times as follows:
    1. all information provided by you to Chambu from time to time is accurate and complete. If any information provided by you to Chambu changes, you will immediately inform Chambu of the changes;
    2. to comply with all laws and regulations of Australia and of any other location in which you are resident, including the disclosure provisions under the Act;
    3. your Membership to the Site and use by you of one or more of the Services does not and will not contravene any laws or regulations; and
    4. you have read, understood and agree to these Terms of Use, the Chambu Privacy Policy and the Chambu Disclaimer.
    5. you are using this site as a back-up option and you will securely hold the primary/original documents for your use.

10. Indemnity

You shall at all times indemnify, and shall keep indemnified, Chambu and its directors, officers, employees, our Related Bodies Corporate and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis and specific and direct consequential and economic loss) or liability incurred or suffered arising from any claim, demand, suit, action or proceeding by any person on any account whatsoever against you or Chambu or its directors, officers, employees our Related Bodies Corporate or agents where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms of Use, including any breach of the warranties contained in these Terms of Use, or your violation of any law or of the rights of a third party relating to your use of our Services, to the fullest extent permitted by law.

You also agree to hold us, our Related Bodies Corporate, officers, directors and employees harmless from any losses or other damage whatsoever incurred as a direct or indirect consequence of access to your Account by other logins and you agree to indemnify us for any harm that arises as a direct or indirect consequence of other logins accessing your Account.

11. Intellectual property

  • 11.1.This Site or Services includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trade marks by you is strictly prohibited.
  • 11.2.You acknowledge and agree that you have no rights in or title to any intellectual property rights and interest contained on or arising from the Site or Services, including but not limited to, copyright, logos, design rights and trademarks.
  • 11.3.Nothing in these Terms of Use gives you a right to use any intellectual property belonging to Chambu or any third party, including business names, trademarks, logos, domain names or other distinctive brand features.
  • 11.4.You may not modify or copy the layout or appearance of the Site or Services nor any computer software or code contained on the Site or Services. You may not attempt to access, by any method, any source code associated with the Site or Services
  • 11.5.These terms do not grant you any right, title, or interest in the Services or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

12. Limitation of Liability

  • 12.1.Certain statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms of Use is intended to exclude or restrict the application of such laws but Chambu does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Site and Services outside these laws.
  • 12.2.To the extent permitted by law, and subject to any claims under consumer protection laws, Chambu excludes all liability to you or any third parties for loss or damage of any kind (however caused or arising, including specific, indirect, consequential or economic loss) directly or indirectly with respect to the Site or Services including, but not limited to, loss or damage you might suffer as a result of:
    1. errors or omissions published on the Site or Services;
    2. you acting, or failing to act, on any information published on the Site, Services or on any website or source linked to the Site, Services;
    3. injury or damage of any nature resulting from the Site or Services;
    4. any unauthorised access to or use of secure servers, including access to personal or financial information stored on those servers;
    5. any disruption or cessation of transmission to or from the Site or Services;
    6. any disruption to or cessation of the Services including no retrieval of information stored;
    7. any viruses or other code which may be transmitted to or through the Site or Services, or any other damage to your computer systems arising in connection with this Site or Services or any website linked to this Site or Services; or
    8. any transaction between you and any other Member or user of the Site or Services.

13. Termination of Account

  • 13.1.Chambu may suspend or terminate your Account, at any time without cause and with notice. Provided that such termination by Chambu is not partially or wholly due to any one or more reasons set out in clause
  • 13.2.. You may terminate your Account, at any time without cause, by giving Chambu notice in writing, but in such event (subject to the law or any other provision of these Terms of Use which states otherwise) you will not be entitled to any refund of Membership Fees.
  • 13.3.Chambu may in its sole discretion immediately terminate or restrict your Account and/or prevent you from accessing all or parts of the Site, if one or more of the following events occurs:
    1. you breach any one or more of these Terms of Use;
    2. you enter into any composition or arrangement with your creditors or have a receiver appointed over any of your assets or you are the subject of any resolution or petition for winding up or judicial management (other than for the purpose of amalgamation or reconstruction).

  • 13.4.To the extent permitted by law, Chambu will not be liable to you or any third party on any account whatsoever for termination or suspension of your Account under clauses 13.2 and 13.3.
  • 13.5.. Upon termination of your Account under clauses 13.2 and 13.3 (and subject to any other provision of these Terms of Use stating otherwise):
    1. all outstanding Membership Fees and other amounts owing by you to Chambu will immediately become due and payable.

14. Notices

  • 14.1.A notice, approval, consent or other communication given or made to a party under this Agreement must be in writing and delivered prior to 5.00 pm Australian Eastern Standard time on a Business Day, sent by certified prepaid mail to the address or email address, or facsimile number of the party as that party may from time to time notify the other party for the purposes of this clause.
  • 14.2.Proof of dispatch is proof of receipt:
    1. if delivered, as at the time of delivery;
    2. in the case of a letter, on the fifth Business Day after posting; and
    3. in the case of a facsimile transmission, upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient notified for the purposes of this clause (but if the communication is not completed by 5.00 pm Melbourne time on a Business Day, then at 9.00 am Melbourne time on the next Business Day).

15. Membership Fee

  • 15.1.Chambu may impose membership fee on certain or all services. Members must pay the Membership Fee to Chambu upon registration and then in advance or other times required by Chambu.
  • 15.2.Any default or delay in payment of the Membership Fee may result in a temporary or permanent cancellation of your Account without notice.
  • 15.3.You acknowledge and agree that Chambu reserves the right to increase or otherwise vary the Membership Fee from time to time. In such event, you will be entitled to terminate your Account without incurring further fees (but for the avoidance of doubt, any unpaid Membership Fees and other amounts payable to the date of termination will be due and payable by you immediately upon such termination).
  • 15.4.Unless the law states otherwise, you are not entitled to any refund of a Membership Fee upon termination of your Account.

16. General

  • 16.1.These Terms of Use are governed by the laws in force in Victoria, Australia from time to time and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
  • 16.2.If any one of these Terms of Use is invalid or not enforceable, all other provisions, which are self-sustaining and capable of separate enforcement with regard to the invalid or unenforceable provision, are and continue to be valid and enforceable.

Chambu PRIVACY POLICY

This policy describes generally how CHAMBU PTY LTD (ACN 162 478 953) will manage and protect personal information provided to it.

Chambu only collects information that is necessary for it to manage the website (www.chambu.com) ("Site") and provide the Services described on the Site or Application. Any personal information that it collects will be subject to its obligations under the Privacy Act 1988 (Cth) ("Act') and otherwise under law

Type of information collected

The personal information Chambu collects will include information that you provide to Chambu when you subscribe for membership or store information. This personal information may include name, address and contact details, and may include other personal information about individuals that Chambu collects in the course of managing the Site or Services. The Chambu server may log details about any computer used to access the Site or Application (such as the IP address, operating system and browser type), the date and time of access, and details of the information uploaded or downloaded.

Chambu will use your personal information to manage the Site (including internal management purposes) and for the purposes for which you give it. Chambu reserves the right to use or disclose any information as necessary to comply with any laws and regulations, to fulfill your requests and provide you services, and to cooperate with any law enforcement investigation or an investigation on a matter of public safety. You acknowledge and agree that Chambu may disclose your personal information to third parties to complete a transaction on your behalf or provide you with a service. For instance, payments are processed by a third party contractor. You agree to us using your email address to send you messages concerning your membership and information about the services provided by us. If you would prefer not to receive promotional or other material, please let us know and Chambu will respect your request. Chambu will not disclose personal information about you unless the disclosure is required or authorised by law, you have consented to disclosing the information, or for another purpose (related to the primary purpose of collecting that information) that is reasonably expected.

Notification of Changes

(a) We may revise this Privacy Policy from time to time.

(b) Any such variation will be binding on you immediately upon publication of such variation on the Site. Although Chambu will endeavour to alert Members to such variations upon or prior to publication, you should regularly review the Terms of Use, Chambu Disclaimer and Chambu Privacy Policy published on the Site.

Access and changes to your personal information

Please notify Chambu immediately if information provided by you changes so that it may update its records. Under the Act you are entitled to gain access to your personal information held by Chambu, and may do so by contacting Chambu as follows:

Chambu Pty Ltd
Address: 8 King Arthur Drive, Glen Waverley, VIC 3150
Email: contact@chambu.com
Chambu © 2017 copy right protected
Terms & Conditions | Privacy Policy