Last updated: 20 September 2024
This page sets out Balance Mat Pty Ltd's Terms of Service (TOS). It is a binding contract between Balance Mat Pty Ltd and the End User upon creation of an account on Balance Mat Services (where Services are defined as all of Balance Mat Pty Ltd's websites, services, products including computerised mat hardware and the Balance Mat Test Results System database where information is stored).
As a result of this contract, in order to use Balance Mat Services you must agree to the TOS. Agreeing means that you give permission to be bound by the TOS. By creating an Account and using Balance Mat Services, you are sending us the impression that:
- after account creation you will use Balance Mat Services in proper compliance with all laws, rules and regulations applicable to you; and
-if you create an Account and use Balance Mat Services on behalf of an organised entity you bind the entity you represent to this TOS and agree to be legally bound by it on the entity's behalf.
The following definitions apply to the TOS:
"End User Data" means:
- all data uploaded by the End User to Balance Mat Services; and
- all data created by the End User on Balance Mat Services.
No party is granted implied or explicit rights to the content or intellectual property of the other under this TOS. End User Data rights are given to the End User and the Licensor owns all rights to Balance Mat Services and related software.
Balance Mat Pty Ltd will only manage End User Data in accordance with the current version of its Privacy Policy.
The End User is fully accountable for its End User Data and acknowledges that Balance Mat Pty Ltd is not and never will be found accountable. The End User asserts, denotes and warrants that: its use of Balance Mat Services will not violate this TOS, accompanying documentation or any applicable law, regulation, rule or third-party protections; it is entirely responsible for the development, moderation, functionality, upkeep, support and use of End User Data. That includes End User Data that is provided by the End User's end users. End User Data cannot: infringe, violate or misappropriate any third-party protections, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary rights that can be claimed. Slander, defamation, libel, privacy invasion, publicity or property rights violations are not allowed under any circumstances.
End Users are liable for informing their employees, agents and others about this TOS's requirements, including if the TOS requirements bind them. In their use of Balance Mat Services, End Users may not directly or indirectly decipher, reverse engineer, disassemble or otherwise attempt to pirate any of Balance Mat Pty Ltd information. All local, territory, state, national and international rules and regulations that are applicable must be followed by the End User.
Balance Mat Pty Ltd will exercise the ability to access, read, maintain and disclose information needed to comply with any applicable law, regulation, legal procedure or valid governmental request, enforce this TOS through possible investigation, detect, prevent or deal with fraud, security or operational problems, respond to End User enquiries and safeguard property, rights or safety of Balance Mat Pty Ltdâs interests.
The End User agrees not to sell, export, re-export, transfer, divert or dispose of any Balance Mat Services, whether directly or indirectly.
End Users must follow adequate security standards, including but not limited to: creating strong passwords and access control systems, securing access to all passwords and entry data and confirming the reliability of those who have account passwords and entry data. Any inappropriate access to the End User's Account is the complete responsibility of the End User, who must contact Balance Mat Pty Ltd promptly upon becoming aware of such inappropriate access. The End User will immediately inform Balance Mat Pty Ltd of any security incidents or breaches impacting Balance Mat Services, including unauthorised access to End User data, and will cooperate with authorities and/or Balance Mat Pty Ltd in any investigation or legal action taken to investigate and remedy the security incident.
During the TOS and at the conclusion of the TOS, all data collected by the End User remains available to the End User. Upon termination of the TOS and after the End User's account is closed the End User may erase their Data in accordance with this TOS.
If the End User requests Balance Mat Services to remove any of the End User's Data (including pre- existing backups), the End User is instructing Balance Mat Pty Ltd to erase the relevant End User's Data from Balance Mat Services in compliance with applicable legislation. Balance Mat Pty Ltd will adhere to this direction as soon as practically possible, but no later than 180 days.
While it is the intention of Balance Mat Pty Ltd to make Balance Mat Services accessible 24 hours per day, seven days per week, the Services may be unavailable from time to time for any reason, including routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Balance Mat Pty Ltd, access to Balance Mat Services may be interrupted, suspended or terminated from time to time. Balance Mat Pty Ltd has the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, Content, hours of availability and equipment needed for access or use.
Software updates are included in Balance Mat Services purchases and subscriptions. Balance Mat Pty Ltd undertakes to notify End Users of the requirement to install updated software on their computer or laptop from time to time.
Upon being informed of a data security issue, Balance Mat Pty Ltd will notify End Users quickly, without un-needed delay and will take all commercially reasonable actions to limit harm and secure the End User's Data.
Balance Mat Pty Ltd will reasonably disclose the nature of the data security issue, the actions taken to remedy potential risks and the measures Balance Mat Pty Ltd advises End Users to take in order to resolve the data security incident.
Any data security issue notification(s) will be sent to the email address supplied by the End User.
Balance Mat Pty Ltd is under no duty to review End User Data in order to identify information that may be subject to legal requirements.
Balance Mat Pty Ltd's response to a data security event cannot be interpreted as an admission of blame or liability.
Balance Mat Services are provided "as is" and "as available." Balance Mat Pty Ltd makes no warranties of any kind, whether expressly stated or implied, in connection with Balance Mat Services and content.
Balance Mat Pty Ltd makes no guarantees that its Services will be secure or available at different areas or times, no guarantees of imperfection correction, no guarantees that any material accessible through Balance Mat Services will be virus-free and no guarantees that End User expectations will be met through the use of Balance Mat Services. End Users are responsible for ensuring the integrity of their environments.
To the fullest extent permissible by law, the limitations, exclusions and disclaimers in this section apply. Balance Mat Pty Ltd does not renounce warranties or other rights it is not permitted by law to disclaim.
You agree to safeguard, indemnify and hold Balance Mat Pty Ltd, its licensees, licensors, employees, contractors, agents, officers and directors harmless from any claims, damages, obligations, losses, liabilities, costs, debt, expenses and legal fees resulting from you or anyone using Balance Mat Services in violation of these TOS or in an unauthorised way.
You will maintain Balance Mat Pty Ltd and its officers, agents, affiliates, directors and employees not liable for any indirect, corrective, unique, incidental or consequential damage, except when the law prohibits it. This includes legal fees, personal injury or property damage claims and court costs arising from this agreement. Should the Company or its officers, agents, affiliates, directors and employees be found liable they will be restricted to the amount paid for the products and or services during the previous 12 months, except as prohibited by law. In no circumstances will damages of consequential or punitive nature occur.
The laws that govern the TOS, as well as any disputes arising out of it, are the laws of the Australian Capital Territory, without respect to considerations of conflict of laws.
For the resolution of any litigation or court process permitted under the TOS, the End User and Balance Mat Pty Ltd will both submit to the personal and exclusive jurisdiction of the courts situated in the Australian Capital Territory.
Balance Mat Pty Ltd reserves the right to amend and/or modify the TOS for Balance Mat Services at any time without prior notice to End Users. End User use of Balance Mat Services will always be governed by the TOS in place at the time. As a result, the End User is responsible for learning about any changes to the TOS by revisiting this page.