- This agreement (“Agreement”) becomes effective when you create a subscription account on the cinchVIDEO or cinchDENTAL platform (WebApp) and / or download the Cinch Video Mobile Application (Mobile App) for use for the creation, acquisition, management and distribution (collectively, CVS Services) of your owned and / or supplied content.
- This Agreement is between Cinch Video Solutions Pty Ltd. (ACN 619 944 624) of Suite 5, Level 1 41-45 Pacific Highway Waitara NSW Australia 2077 and its associated companies (collectively “CVS”) and you. This Agreement sets forth the terms and conditions under which you agree to use this application.
- CVS may modify these terms and conditions at any time at its sole discretion. Such modified terms and conditions can be found on this WebApp and Mobile App in future updates. After notice of a modification, your continued use of the CVS Services will constitute an affirmative agreement to be bound by such new terms and conditions.
- CVS reserves the right to modify or discontinue the Cinch Services and any terms or conditions, at any time.
- By using the CVS Services, you are agreeing to be bound by these Terms and Conditions (T&Cs). If you’re using our Services on behalf of an organisation, then (i) “you” includes you and that organisation, and (ii) you represent and warrant that you are an authorised representative of the organisation with the authority to bind the organisation to these T&Cs, and that you’re agreeing to these T&Cs on behalf of that organisation. You may use the Service only if you can form a binding contract with CVS by way of subscription and only in compliance with these T&Cs and all applicable local, state, national, and international laws, rules and regulations.
IF YOU DO NOT AGREE TO THESE T&Cs, DO NOT USE OUR SERVICES.
Please read these T&Cs carefully to ensure they are clearly understood.
Our Services are not intended for use by persons under the age of 18.
Please see our website for available features. When you sign up for an account with CVS, you will be asked to provide your name, a valid email address, mobile phone number, to create a secure password and to provide valid Credit Card details when asked to complete the signup process. As the account creator, you are the Account Owner. You have sole control over the account and can invite or remove additional users to your account. Additional Fees will be applied for each additional user you invite into your account. You can invite as many people as wish to add to your account. Additional Fees will be applied with every invitation accepted by invitees as Account Users. As an Account Owner, you are responsible for maintaining the security of your account and password, for providing accurate and complete information, for keeping your account information current, and for the activities of all users and logins associated with your account. You must notify CVS immediately of any breach of security or unauthorised use of your account. CVS cannot and will not be liable for any loss or damage from any unauthorised use of your account or your failure to comply with these obligations. You may not use the Service for any purpose that is competitive to CVS as determined solely by CVS.
By providing CVS your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, new and special offers. If you do not want to receive such email messages, you may opt out of the received email communications. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Your Content & Permissions
When you use our Services, you can choose to host things like information, data, content or materials, including, without limitation, any and all image(s), text, photograph(s), video(s), sound recordings and associated meta data (collectively, “Your Content”) with CVS. We claim no intellectual property rights to Your Content. CVS will not review videos or assume responsibility for the Content of any videos.
By agreeing to these Terms and Conditions, you grant your permission for CVS to host Your Content, backing it up, and sharing it when you activate sharing options. These and other features may require our systems to access, store and scan Your Content. Accordingly, by posting, submitting, publishing, displaying, transmitting or otherwise making available any of Your Content on or through the Services, you hereby grant CVS a worldwide, non-exclusive, royalty-free, sub-licenceable and transferable licence to use Your Content in connection with our provision of the Services to you. You also hereby grant each user of the Services a non-exclusive licence to access Your Content through the Services, and to use Your Content as you permit through the settings you configure, as permitted through the functionality of the Services, and under these T&Cs. The above licences granted by you in Your Content you submit to the Service will terminate within a commercially reasonable time after you remove or delete your content from the Services. You understand and agree, however, that CVS may retain, but not display, distribute, or perform, server copies of your content that have been removed or deleted. The above licences granted by you in user comments you submit are perpetual and irrevocable.
The licence granted to us above extends to our affiliates existing from time to time and trusted third parties we work with to provide our Services.
In connection with Your Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in Your Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and these T&Cs, and each such person has released you from any liability that may arise in relation to such use;
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post and/or publish any of Your Content relating to third parties;
- Your Content and CVS’s use thereof as contemplated by these T&Cs and the Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights, including without limitation, any and all copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights; and
- CVS may exercise the rights to Your Content granted under these T&Cs without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
We may review your conduct and Your Content for compliance with these T&Cs and our Acceptable Use Policy below. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services. If you provide us any comments or suggestions regarding the Services or any enhancements or improvements to the Services (“New Concepts”), you agree that we may use those New Concepts in any way without any obligation or payment to you, and/or to disclose the New Concept on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, CVS does not waive any rights to use similar or related ideas previously known to CVS, or developed by its employees, or obtained from sources other than you.
CVS takes no responsibility and assumes no liability for any of Your Content that you or any other user or third party posts, sends, or otherwise makes available over the Service. You are solely and fully responsible for Your Content and for all materials that you or anyone associated with your account post, host, upload, download, create, access, publish, share or transmit using the Services and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You are responsible for taking prompt action to correct any violation of CVS’s Acceptable Use Policy, and to help prevent similar future violations. You understand and agree that you may be exposed to content of other users that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that CVS shall not be liable for any damages you allege to incur as a result of or relating to any of Your Content or any other user’s content.
CVS Content & Permissions
Any CVS software, images, text, graphics, illustrations, trademarks, service marks, logos, patents, copyrights, photographs, audio, videos, music and/or other brand features (collectively, “CVS Content”) or any intellectual property rights related to any of the foregoing are protected by copyright, trademark and related Australian laws. These T&Cs do not grant you any right, title or interest in the Services, any materials therein or transferred thereby, including without limitation, CVS Content that is the exclusive property of CVS, and, except as otherwise provided in these T&Cs, you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of CVS Content. Use of CVS Content for any purpose not expressly permitted by these T&Cs is strictly prohibited.
Software for Platform and Mobile Applications
Our Services allow you to download client software (“Software”) which may update automatically from time to time. So long as you comply with these T&Cs, we give you a limited, non-exclusive, non-transferable, revocable licence to use the Services, including without limitation to download and use the Software on your personal computing device, mobile device for the sole purpose of accessing and using the Services, in each case, as permitted by the features of the Services and in accordance with these T&Cs. The Software may use or include third party components, content, other copyrighted material, and/or open source software which may be subject to certain “open source” or “free software” licences. The use of such material is governed by their respective terms. To the extent any component of the Software may be offered under an open source licence, we’ll make that licence available to you and the provisions of that licence may expressly override some of these Software licence terms. You agree not to copy, distribute, modify, reverse engineer or de-compile the Software, attempt to do so, or assist anyone in doing so. At times, we may suggest you use certain third party software with our Services. If you use any third party software, you are solely responsible for agreeing and complying with any third party licensor’s terms when downloading and using that software.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported per these T&Cs. We reserve the right to delete or disable content alleged to be infringing and to block or terminate accounts of infringers.
Third Party Links and Information
CVS uses commercially reasonable safeguards to preserve the integrity and security of your personal information, your content and to implement your privacy settings. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes.
If you choose to subscribe to CVS for the use of CVS Services, we’ll automatically bill you from the date you start your subscription and on each anniversary date following that date. B2C Subscriptions for cinchPRO Services (cinchDENTAL, cinchACCOUNTANT, cinchVETERINARY, cinchPHARMACIST, cinchPODIATRIST, cinchSPORTSMED, etc.) are only offered as Annual subscriptions and are paid up front for 12 months at the time of completing registration.
B2B Subscriptions for cinchVIDEO Services are available as Monthly or Annual Subscriptions, selected at the time of registration. Services are auto-renewed on each Monthly or Annual anniversary going forward from that time. The subscription renewal will comprise of any Account Owner registration fees plus any additional users, excluding Guest Contributors (App Only Users in cinchVIDEO who are not charged for use of the Cinch Video Mobile App), who have been invited to join the account on a pro-rata basis prior to the next anniversary date, as a single transaction from the nominated credit card.
In the case of Account Users who leave their respective business and are removed the account by the Account Owner, a prorated amount will be attributed to the specific account concerned. The prorated amount is calculated on a daily amount x the number of days left in the current subscription period to the next anniversary date. The daily rate is calculated on the subscription rate originally paid in advance for the Account User at the time of joining the Cinch account, less any administration costs which may vary from time to time.
All transactions for new and renewing subscriptions are quoted, stated, charged and processed in Australian Dollars (AUD).
At the time that each registration is completed, the next anniversary date is recorded as the auto-renewal date, at which time the subscription will renew for the next period unless the Auto-Renew option is disabled. If auto-renew is disabled, access to the account, all stored media and distribution activity will be disabled to all users, including the Account Owner, until such time as it is re-enabled by the Account Owner at some time in the future. If the Account Owner re-enables access by re-activating the account, all prior access and materials will be made available under these T&Cs. Unless you opt out of recurring auto-renew payments, you hereby expressly agree that we may submit periodic charges consistent with each Subscription Period without further authorisation from you until you purposely and expressly disable the auto-renew function.
All fees related to the subscription are fully earned upon payment.
If you cancel your subscription by auto-renew, you will enjoy your subscription benefits until the end of the then-current Subscription Period, and your subscription benefits will expire at the end of the then-current Subscription Period for which you have paid. We reserve the right to suspend or cancel any subscription or to reduce your paid Services to free levels, in each case, if we are unable to successfully charge your payment method to renew your subscription, if you don’t pay for your account on time, or in the event of any other breach by you of these T&Cs. In the event we suspend, terminate or downgrade you, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any licence or subscription fees, any content or data associated with your account, or for anything else.
You will not be eligible for a pro-rated refund of any portion of the subscription fees paid for any unused days of the then-current Subscription Period, unless such refund is legally required in the region where you live. If you live in a region where we’re legally required to issue a refund on early cancellation please email: email@example.com. If for some unforeseen reason your complete access to CVS Services is unavailable for a continuous period of more than 14 Days due to a matter within our control, you may be eligible (at our discretion) for a credit of a pro-rated amount for the period of the service outage. For the avoidance of doubt if you are unable to access our services due to problems not related to CVS then you are not eligible for a refund or credit of any nature.
Our third-party payment processors will charge your fees for your account and any other charges you may incur to the payment method you provide when you register for a CVS account. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with CVS must be accurate, complete, and current. You may change your payment method by changing the information in your Account Management screen.
Prices are subject to change. We may change the subscription fees for the CVS Services in effect but will give you advance notice of these changes via a message to the email address associated with your account. Any price changes will take effect following such notice.
CVS Acceptable Use Policy
You’re responsible for your conduct, Your Content and the conduct and content of all users associated with your account. You must comply with our Acceptable Use Policy herein. CVS Content, including without limitation, the content of other users using the Services may be protected by others’ intellectual property rights and you must not copy, upload, download or share content unless you have the right to do so.
You agree not to misuse the Services or help anyone else to do so. For example, you will not do any of the following in connection with the Services:
- 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 or parts of the Services, or shared areas of the Services you haven’t been invited to;
- 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;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- promote or advertise products or services other than your own without appropriate authorisation;
- abuse referrals or promotions to get more storage space than deserved;
- circumvent storage space limits;
- 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 CVS;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- participate in verbal, physical, written or other abuse (including threats of abuse or retribution) of any CVS user, customer, employee, member, or officer (which will result in immediate account termination);
- publish or share materials that are pornographic or indecent, or that contain extreme acts of violence;
- threaten or harass others, or advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading;
- violate the privacy or infringe the rights of others, including any activity or material that infringes, misappropriates or otherwise violates the intellectual property rights, privacy rights, or other personal or property rights of CVS or any individual, group or entity.
Any complaints (other than claims of copyright infringement) regarding violations of this Acceptable Use Policy by a CVS user should be reported to firstname.lastname@example.org . You should include in any report enough details for us to investigate such complaint.
You’re free to stop using CVS Services at any time. We also reserve the right to suspend or end the Services, or to modify or discontinue any feature of the Service, at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these T&Cs or are using the Services in a manner that in our reasonable determination would expose us to legal liability, violate any applicable law, rule or regulation, disrupt the Services or disrupt others’ use of the Services. We reserve the right to institute and enforce limits on users’ bandwidth usage and storage space, and to suspend, limit or terminate the accounts of users who exceed those limits. We also reserve the right to institute or modify applicable fees for the Services or features of the Services. Except for paid accounts, we reserve the right to terminate and delete your account, including all stored content attributed to that account, if you haven’t accessed our Services for 12 consecutive months. You are responsible for all fees due through the month in which the termination is effective.
DISCLAIMER OF WARRANTIES
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, CVS AND ITS AFFILIATES, SUPPLIERS, LICENSORS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, THE AVAILABILITY OF THE SERVICES, OR ANY CONTENT OR FEATURES AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. YOU AGREE THAT WE HAVE NO RESPONSIBILITY FOR STORING YOUR CONTENT, AND DO NOT GUARANTEE THAT CONTENT THAT WE HOST, STORE OR BACKUP THROUGH THE SERVICES WILL BE AVAILABLE TO YOU, ACCURATE, RELIABLE OR CORRECT. Any content downloaded or otherwise obtained through the use of the CVS Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No advice or information, whether oral or written, obtained by you from CVS or through the Services will create any warranty not expressly stated herein.
Further, CVS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or service, and CVS will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CVS, ITS AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, CONTENT, GOODWILL, BUSINESS, PROFITS, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF LEGAL THEORY.
THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF WHETHER OR NOT CVS OR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CVS, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF AUD$1 OR THE AMOUNTS PAID BY YOU TO CVS FOR THE PAST SIX (6) MONTHS OF THE SERVICES IN QUESTION.
Indemnification by You
You agree to defend, indemnify and hold harmless CVS and its directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the App or arising from or in connection with the contents of your video and audio recordings or photos. Any network, data or telecommunications costs associated with using the App for the acquisition and submission of Content to any of the Cinch Services remain your responsibility and are dependent on the Internet service provider used.
Cinch Video Solutions Pty Ltd and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss) or damage to profit, revenue, savings, data, stored media, content, use, contract, goodwill, business damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with the use of any of the Mobile App, Web App or any Services provided by Cinch Video Solutions Pty Ltd either directly or indirectly through its licensors or by any third party vendors used by Cinch Video Solutions, its licensors or related parties, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
This Agreement shall be construed in accordance with the laws of the State of New South Wales, Australia without regard to its conflicts of law principles.
© Cinch Video Solutions Pty Ltd. Effective 1 March 2022.