BEFORE YOU CLICK ON BUTTONS AND/OR LINKS TO SUBSCRIBE TO OUR WEBSITE PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY. BY CLICKING ON BUTTONS AND/OR LINKS TO SUBSCRIBE YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
The Web site located at themeasuredhuman.com web address (“Site”) is provided by Human Measures Pty Ltd ACN 633 937 523. Your access to and use of the Site is governed by this Subscriber Agreement (“Agreement”). Any reference to “The Measured Human”, “We,” “Us’” or “Our” in this Agreement refers to Human Measures Pty Ltd ACN 633 937 523. Any reference to “You” or “Your” in this Agreement refers to you, the user of the Site. The terms and conditions in this Agreement are the terms and conditions You agreed to upon subscribing to the Site.
1.Commencement and Term
This Agreement commences the date You subscribe to the Site and continues for a calendar month. Your subscription will automatically renew every calendar month unless We decide in our absolute discretion to not renew the Agreement or You elect to terminate via the dashboard on Site or unless otherwise agreed between the parties in writing, whereby the Agreement will end on the expiry of the then current billing period and access to the Site will end from notice of termination.
2. Access and Use
Subscription to the Site means You are granted a non-exclusive, non-transferable licence to access the Site during the term of this Agreement. It is a condition of this Agreement that You must not redistribute, recirculate, republish or communicate the Data on the Site without our prior written authorisation.
As part of the subscription process for this Site, You choose and create or will be assigned a particular username and password, in accordance with Our guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by You, or any other user that accesses the Site using Your username and password, at or through the Site will be attributed to and legally bind You, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by You or others using Your username or password.
4. Subscription Fees and Payments
Current Subscription Fees posted on our site. Your subscription will continue and renew automatically, unless terminated by Us or until You notify by email or as designated on the Site of Your decision to terminate Your subscription. You agree to pay or have paid all fees and charges incurred in connection with Your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. If You believe someone has accessed the Site using Your username and password without Your authorization, You may email Us at firstname.lastname@example.org. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third-party service.
All fees and charges are to be paid upfront and before access is provided to the Site, subject to any free trial period that may apply as agreed in writing between the parties. Payment must be made by PayPal or Stripe. The recurring monthly fees will be billed automatically via PayPal or Stripe as designated during the registration process for the Site or subsequently designated by You to Us, at the start of each renewal period, unless You terminate Your subscription before the relevant period begins.
5. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities (“Communication Services”) designed to enable You to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of Your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of The Measured Human nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that We do not pre-screen all content, but that The Measured Human and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that on the Site. Without limiting the foregoing, The Measured Human and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that We are not responsible for any content sent using and/or included in the Site by any third party.
You hereby give consent for Us to use any material, comments or information or content on our Site for advertising or marketing purposes.
6. Copyright and Restrictions
The Site contains material which may be protected by copyright and other laws respecting proprietary rights. To the fullest extent permitted by law, We retain all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use any material from the Site except as expressly permitted under this Agreement. Any redistribution of any material on the Site is expressly prohibited.
You agree that any supplier of any portion of the licensed materials may enforce its rights against You, even though that supplier is not a party to this Agreement.
You may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Us; distribute the information contained in and/on this Site to any third party; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
7. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
b. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
c. Access the Site by any means other than through the interface that is provided by Us, or attempt or access any area of the Site to which Your access is not authorized; or
d. Alter material on the Site;
e. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site.
8. Accuracy and Availability of Information
The Site contains database information and other content compiled by Us and third parties. While We use reasonable efforts to provide accurate information, We give no warranty as to the accuracy of the content on the Site. We reserve the right to withdraw or delete information or content from the Site at any time. Any content on our Site is for media or entertainment purposes only and is not provided as any form of advice. If you are effected by any material on Our Site, we recommend you seek assistance from a medical professional.
9. Links to Third Party Sites
We do not endorse the content on any third-party Web sites (“Third-Party Sites”). We are not responsible for the content of Third-Party Sites that You reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and We do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at Your own risk and subject to the terms and conditions of use for such sites. Any transaction that You conduct at a Third-Party site will be between You and the party providing that Web site.
10. Representations and Warranties
You represent and warrant to that: (a) You possess the legal right and ability to enter into this Agreement; (b) all information submitted by You to the Site is true and accurate; (c) You will be responsible for all use of Your username and password even if such use was conducted without Your authority or permission; (d) You are at least 18 years old; and (e) You will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
11. Disclaimer of Warranties
All content, software, and other services provided at or found within this Site by Us and our affiliates are provided “as is” and “with all faults,” without warranties of any kind. To the extent permitted by law, We and Our affiliates hereby disclaim all warranties, express, implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. Specifically, but without limiting the generality of the foregoing, We do not make any warranties regarding the following: (a) availability of the Site at any particular time; (b) accuracy of the content or how current any content is that is found on the Site; (c) transmissions to, from or within the Site; (d) functionality; (e) lack of viruses; (f) compliance of the software, services and content provided under this Agreement with Australian laws or laws of any other country; or (g) that the software, content or services contained in the Site will meet any particular criteria of performance or quality. Where any Act of Parliament implies a term, condition or warranty in this Agreement and that Act prohibits provisions in a contract excluding or modifying the application, exercise or liability under that term, condition or warranty, such term, condition or warranty shall be deemed to be included in this agreement provided that Our liability is limited to, at Our discretion: (a) the supply of the services again; or (b) the payment of the cost of having the services supplied again.
12. Limitation of Damages
In no event will We or any of Our affiliates be liable for any consequential, indirect, incidental, or special damages whatsoever, including without limitation damages for loss of profits, business interruption, loss of or unauthorized access to information, and the like, even in the event of fault, tort, breach of contract, or breach of warranty.
You must at all times indemnify and hold harmless and release (and keep indemnified, released and held harmless) Us from and against any loss or liability incurred or suffered by Us arising from any claim, which any person other than You may bring against Us where such claim arose out of or in connection with: (a) a breach by You of Your obligations under this Agreement; (b) any wilful, unlawful or negligent act or omission by You; or (c) use or reliance by any third party on the information on the Site.
14. Consent to Electronic Notices and Other Communications
You agree that all of Your transactions relating to the Site may, at our option, be conducted electronically, including any that We are otherwise required to provide in “writing”. For example, We may send You notices via postings at the Site or via email to any email address that You provide to Us during registration as a Site member. If You do not wish to deal with Us electronically, You should not use the Site or enter into this Agreement. If applicable law now or later requires Us to communicate with You non-electronically, We reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) We are notified that the email address is invalid. Alternatively, We may give You notice by mail to the address provided during registration.
You agree that We may from time to time send You a survey via Survey Monkey. Please confirm in writing to Us if You prefer to opt out of any surveys by Us.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in Your records. You also agree to make a copy of any other information that We deliver to You in writing.
We may terminate Your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that We, in Our sole discretion, believe is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or The Measured Human. We may also elect not to renew Your subscription and access by providing a notice of nonrenewal prior to the end of Your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
This Agreement may be assigned by Us at any time to any person capable of fulfilling Our obligations under this agreement and such assignment shall be immediately effective between the parties upon written notice beinggiven by Us to You. You may not assign any of Your rights or obligations under this Agreement.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Queensland, Australia, without regard to principles of conflict of laws and You consent to exclusive jurisdiction and venue in such courts.
Any notice of dispute is to be communicated to Us at:
Human Measures Pty Ltd P.O. Box 6181 Maroochydore BC Qld, Australia 4558 email@example.com
If a dispute arises under this agreement, We agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Brisbane, Queensland, Australia. Any costs and fees of the Mediator will be shared equally by each of Us.
If mediation between the parties is unsuccessful, You agree to submit the dispute to binding arbitration in Brisbane, Queensland, Australia. Judgement upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. The arbitration must take place using English language.
19. Entire Agreement
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.
Human Measures Pty Ltd is strongly committed to protecting your privacy and complying with your choices. Both personal and non-personal information collected is safeguarded according to the highest privacy and data protection standards adopted worldwide. We have a robust and effective data protection program in place which complies with existing law and abides by the data protection principles.
a. Your information will not be rented or sold to any third party;
b. We use state-of-the-art security measures to protect your information from unauthorized users;
c. We give You the possibility to control the information that You shared with Us (opt-out);
d. We are committed to processing data in accordance with Our responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
(i) processed lawfully, fairly and in a transparent manner in relation to individuals;
(ii) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
(iii) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
(iv) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
(v) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
(vi) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
We will clearly inform You when information that personally identifies You ("personal information") is asked for and You will have the choice to provide it or not. Generally, this information is requested when You [install/download/subscribe] to product updates, newsletters or other online services.
We use Your personal information for the following purposes:
a. To provide You information that will allow You to use Our services;
b. To automatically customize your documents with your information;
c. To alert You of software upgrades, updates, discounts or other services from Human Measures Pty Ltd;
d. Provide You with analytics and reports on how content is being used by You.
We collect Your email when you send Us through a contact us enquiry or speak with Us over the phone or other digital platform in order to send You informational communications about Human Measures Pty Ltd products listed on the Site, such as their purpose and the best use you can make of them.
We also collect Your email to send You our promotional offers and updates.
We may also collect Your name, language, currency, operating system, document searched and country information for a better experience with Our products/services. When You place your order with Us, We collect Your email in order to provide access information and correspond. We also collect Your phone number in order to contact You in case there are issues with your account with Us. We also use Our clients’ email in order to notify of the release of updated versions of the software, new services or promotional offers. When You provide Your personal information, You consent that it can be used for the above purposes and that Human Measures Pty Ltd is an authorized holder of such information. If You choose not to register or provide personal information, You can still use Our Site but You will not be able to receive additional services or access certain areas that require registration. When You activate Your account, You are providing Your consent to occasionally receive information from Us or You have registered for a subscription to receive monthly or otherwise stated content. In each communication from Us, You will have the opportunity to unsubscribe from further communications. You are entitled to review the personal information You have provided Us and ensure that it is accurate and current at all times. To review or update this information simply request that We send you this information.
Human Measures Pty Ltd is strongly committed to protecting Your information and ensuring that Your choices are honoured. We have taken strong security measures to protect Your data from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
We employ and protect all data with SSL encryption and other security measures to ensure you that your data is protected and safe. However please be advised that while we take extra measures to protect your data and integrity of your information, we cannot guarantee that our security measures will prevent unauthorized access from occurring.
If You are habitually located in the European Union or European Economic Area, You have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of Your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. You have the right to access Your personal data and, if necessary, have it amended or deleted or restricted. In certain instances, You may have the right to the portability of your data. You can also ask Us to not send marketing communications and not to use your personal data when We carry out profiling for direct marketing purposes. You can opt out of receiving email newsletters and other marketing communications by following the opt-out instructions provided to You in those emails. Transactional account messages will be unaffected if you opt-out from marketing communications. We may on occasion require the help of other companies to provide limited services on Our behalf, such as but not limited to subscription content delivery, customer support and processing event registrations. We will only provide such companies with the information required for them to perform these services. These service providers are bound by strict privacy policies and are prohibited from using your information for any other purpose.
Human Measures Pty Ltd
P.O. Box 6181
Qld, Australia 4558