Welcome to Clazma, which is owned and operated by Digitize Tech Pty Ltd (ACN 629631465). Please read on to learn the rules and restrictions that govern your use of our website, products, services and applications (the “Services”).  If you have any questions or concerns regarding these terms or the Services, please contact us at support@clazma.com

The below Terms of Services and Use (the “Terms”) are a binding contract between you and Digitize Tech Pty Ltd. (“Clazma,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services we offer.  Using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.  These Terms include the provisions in this document, as well as those in the Privacy Policy.

Clazma Terms of Services and Use

Changes to the Terms

We are always working to improve our Services, so these Terms may need to change along with the Services.  We reserve the right to change the Terms at any time.  If we do, we will do our best to notify you through various communication channels, but you are responsible for knowing what the current Terms are.

If you don’t agree with the new Terms, then you will no longer be able to use the Services.  If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Privacy

We take privacy of our users very seriously.  For the current Clazma Privacy Policy, please click here. Please read the Privacy Policy in detail. The agreement to our Terms also includes our privacy policy.

General Conditions

Conditions of Access

Unauthorised or improper use of Clazma may be a criminal offence and/or give rise to a claim for damages.

You must:

- comply with all applicable laws, including, without limitation, privacy laws, criminal laws, defamation laws, intellectual property laws and regulatory requirements;

- only post, submit or upload any content on Clazma which is accurate and up-to-date;

- review and comply with our Privacy Policy;

- review and comply with any notices sent by us;

- keep your password secure and confidential;

- not create an account for anyone other than yourself, unless you are expressly authorised to do so on behalf of an employer or client;

- not create accounts through unauthorised means, including but not limited to using an automated device, script, bot, spider, crawler or scraper;

- not permit anyone else to use your account or use anyone else’s account; and

- not sell or transfer your Clazma account to anyone else or charge anyone else for access to Clazma.

- You must comply at all times with any Community Guidelines we make available on our website from time to time.

- You must not post, submit or upload any content to Clazma or use Clazma to promote or link to any content which:

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.”  Some User Submissions are viewable by other users.  In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.  Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

You retain all ownership rights in your User Submissions.  For all User Submissions, you hereby grant Clazma a license to share, translate, modify, and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services in full, as described in these terms and on our website.

You agree that the licenses you grant are royalty-free, perpetual, sub licensable, irrevocable, and worldwide. You also understand and agree that Clazma, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Costing

The Clazma services are a paid service. If you choose to enrol in any plan services that Clazma may offer (the “Plans”), you will be charged a subscription fee (the “Subscription Fee”) in advance, to the method of payment you provide upon enrolment in the Plans. Subscription Fees are non-refundable.  Your enrolment in the Plans will be automatically renewed on a monthly or annual basis, depending on whether you elect monthly or annual billing during enrolment. If you wish to cancel auto-renewal of the Plans Services for the following billing period, you must notify Clazma within thirty (30) days prior to the auto renewal date. Clazma may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Plans Services term has ended.  If you do not wish to pay the new Subscription Fee, your only remedy shall be to cancel your enrolment in the Plans Services for the following billing period, prior to the expiration of your then-current Plans Services term.  You may cancel your Plans Services subscription at any time, but again, no refunds will be granted for Subscription Fees already paid.

Right and Obligations

- Clazma may, in its sole discretion:

- If Clazma terminates your access, or you delete your account, then:

- Clazma does not give any express warranty as to the suitability or availability of our products or services. Clazma does not give any implied warranties, except for those implied under the Competition and Consumer Act 2010 (Cth).

Warranties and Acknowledgements

You represent and warrant to us that:

You acknowledge and agree that:

Release

- If you have a dispute with one or more Clazma users, you release us, our related bodies corporate, employees, agents and directors from any loss, damage, claim or demands of any kind arising out of or in any way connected with such dispute.

Indemnity

- You indemnify and hold us harmless against any loss, damage, claim, action, penalty, liability, cost, charge, expense, outgoing or payment (including, without limitation, legal costs and expenses on a full indemnity basis) which we suffer, incur or are liable for at any time under or in connection with:

Liability

- Your use of any information or materials on or available through Clazma is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through Clazma meet your specific requirements.

provided that nothing in this Agreement excludes or limits any implied condition, warranty or guarantee the exclusion or limitation of which would contravene any statute or cause any part of this Agreement to be void or unenforceable, including under the Competition and Consumer Act 2010 (Cth) (Non-excludable Condition).

-To the extent permitted by Law, you agree that our total liability to you or a person claiming through you for breach of a Non-excludable Condition is limited at our option to supplying the Services again or paying for the cost of doing so.

Additional Conditions

- Your use of Clazma and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia and courts authorised to hear appeals from such courts.

- Clazma has no responsibility or liability to you in respect of any third party product or service described on or available through Clazma unless otherwise agreed. You must refer to the individual warranty or other terms relevant to any particular product or service.

- No delay by us in enforcing any of the terms or conditions of this Agreement will affect or restrict our rights and powers arising under this Agreement. No waiver of any term or condition of this Agreement will be effective unless made in writing.

- If any provision of this Agreement is held to be invalid, in whole or in part, such provision (or relevant part, as the case may be) will be deemed not to form part of this Agreement. In any event, the enforceability of the remainder of this Agreement will not be affected.

- These Terms of Services and Use may be amended from time to time. Your continued use of Clazma following any such amendments will be deemed to be confirmation that you accept those amendments.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on Clazma infringe your copyright, you (or your agent) may send to us a written notice by mail or e-mail, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.