GlobalClouds.com Pty Ltd Terms and Conditions Agreement
1.1 The Service and Title
The Service (“The Service” or “Your Cloud”) provides storage, management, retrieval and access features and functionality for your photos, files, calendars, contacts, documents, music, videos, notes, tasks and other electronic media (“your data” or “your files”). By using Your Cloud you are directing GlobalClouds.com Pty Ltd (“The Company”) to store, manage, and provide access to Your Data on your behalf. Other than the rights and interests expressly set forth in this Agreement you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to Your Data.
1.2 Using Your Files with The Service
You may use The Service only to store, retrieve, manage, and access Your Files using the features, functionality and protocols we make available on a noncommercial basis. You may not use The Service to store, transfer or distribute content of or on behalf of third parties, to operate your own file storage application or service, to operate a photography distribution business or other commercial service, or to resell any part of the Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
1.3 Sharing Your Files
Sharing your files is possible. You may only share files in which you have all necessary copyright and other rights and you are responsible for how you share your files and who may access your files that you share. If you share a file, anyone with access to that file may view and download copies of the file. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound. The creation of unique URL web address links to files and folders within Your Cloud (“Share Links”) are for simple direct sharing to individuals or businesses and are not intended as a means of file distribution to more than five other parties. The Company may limit bandwidth, simultaneous connections or employ other means to enforce Share Link fair use and reserves the right to drop Share Link URLs in cases of obvious abuse. No limits are placed on intra Team or Team to Team sharing within the GlobalClouds.com eco-system.
1.4 Third Party Access
You may give third party programs, websites, apps, and other services (“Third Party Services”) access to Your Data, including the ability to make copies of Your Files, modify or delete Your Files, or create new files on your behalf. (For example by configuring third party apps to access your GlobalClouds.com Calendars and Address Books.) The use and storage of Your Files by Third Party Services will be governed by their privacy policies and terms. The Company has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use.
1.5 Service Plans
The Service offers plans (“Service Plans”) with different capacities and limits (“Services”), fees (“Rates”) and billing periods (“Frequencies”) that lead to service renewal dates. Services and Rates are associated with master accounts (“Your Account”) that are linked to an email address and password. An email address can only be used once to create an account with The Company. A service will automatically renew on the service renewal dates at the given frequency unless The Service is changed or cancelled prior to the renewal date. On renewal you authorize GlobalClouds.com or our agent to debit any credit card we have on record for any applicable fees and taxes. You may change your service plan renewal period, service capacity and associated billing rate or cancel via the “My Account” online tool available from https://storage.au.globalclouds.com or https://globalclouds.com
1.6 Trial Service Plans
The Company may offer trial or promotional plans (“Trials”) which require a valid email address and credit card for activation. The email address cannot be in use or previously used for any service with The Company. Trials automatically convert to a Rate at the end of the trial period unless you cancel The Service before the end of the Trial period via the “My Account” online tool. If you do not cancel The Service your Trial will automatically convert to your chosen plan and you authorize GlobalClouds.com or our agent to debit any credit card we have on record for any applicable fees and taxes. You may change your service plan renewal period, service capacity and associated billing rate or cancel via the “My Account” online tool available from https://storage.au.globalclouds.com or https://globalclouds.com
1.7 Services
The Service comprises one or more Services which define capacities and limits known as Service Definitions which define storage logon names, storage logon password, storage quota (maximum capacity), storage location, team memberships and team quotas where applicable.
1.8 Rates
The Service comprises one or more Rates that define fees, billing rules, last billed dates and next bill dates as they pertain to particular Services. Rates will be listed inclusive of local fees and charges unless otherwise noted as exclusive of tax. Where Geo-Location and Account information confirms taxes are not applicable they will not be levied and exclusive of local tax charging will occur. Payment is non-refundable. Unused fees in the event of cancellation will not be pro-rata refunded.
1.9 Changing Your Plan
It is possible to upgrade your plan to increase service capacities, change limits and/or change billing frequencies via the “My Account” online tool available from https://storage.au.globalclouds.com or https://globalclouds.com If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fees, and your Service Plan term may be extended, as described at the time you upgrade. Changes to Quota limits will take up to 24 hours to update. If you exceed your Service limits (for example Quota) we will contact you via your account email address to prompt you to delete some files or upgrade your plan. If you do not adjust you quota to below the limit we may restrict access to Your Files.
1.10 Cancelling the service
It is possible to cancel a plan at any time via the “My Account” online tool available from https://storage.au.globalclouds.com or https://globalclouds.com or send an email to helpdesk@globalclouds.com noting your account number and requesting service cancellation.
1.11 Automatic Renewal
You must cancel or amend a service to a new plan or your Rate will automatically renew at the service renewal date and you authorize GlobalClouds.com or our agent without notice to debit any credit card we have on record for any applicable fees and taxes. If Services and Rates change over time your renewal plan will be the one we choose as being closest to your Service Plan. A valid credit card is required for service renewal. You can maintain your credit card that we hold via the “My Account” online tool available from https://storage.au.globalclouds.com or https://globalclouds.com
1.12 Additional Service Benefits
We may offer additional Service benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services(“Additional Benefits”). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.
1.13 Use of Your Account
You may only use your service on devices that you own or have exclusive access to. You may not share Your Account or Your Service username and password with other persons for use on devices that they own or have exclusive or shared access to. You are responsible for maintaining appropriate security and protection of Your Files. Team Membership features are available to securely share data between Clouds.
If you use the Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computers and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. The Company does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, delete encrypted content, or limit the Service at its sole discretion.
1.14 Usage Restrictions and Limits
The Service is offered for use by persons in any country. We may restrict access from locations, Internet Autonomous Systems, Internet Protocol Addresses or other explicit network end points where malicious activity is detected. We place no limits on the types of content you can store. Your Data when stored in Your Cloud is encrypted with private keys that include Your Service password that cannot be accessed by non-storage infrastructure, systems or general staff of The Company. We may impose other restrictions on use of the Service to enforce these terms and conditions.
1.15 The Companies use of Your Files
To provide The Service we may use, access, and retain Your Files in order to provide the Service to you, perform encryption on your behalf using your personal password and enforce the terms of the Agreement. You give us all permissions we need to do these functions. These permissions include, for example, the rights to copy the encrypted versions of Your Files for backup purposes, delete encrypted copies of Your Files in the event that you forget Your Password or access your encrypted files to unencrypt if you have opted in to the “Enable Password Recovery” feature.
1.16 Use of the Software
We may make available to you software for your use in connection with the Service (the “Software”). The Service and the Software may provide us with information relating to your use and the performance of the Service and the Software, as well as information regarding the devices on which you download and use the Service and the Software. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the Software is launched, individual session lengths for use of the Service, content used through the Service, or occurrences of technical errors. The Software will include any and all license and copyright notices as applicable.
1.17 Changes
We may change, suspend or discontinue the Service, or any part of it, at any time without notice. If we discontinue the Service, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan.
1.18 Suspension and Termination
Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If your Service Plan is restricted, suspended or terminated, you may be unable to access Your Files and you will not receive any refund of fees or any other compensation.
1.19 No Waiver
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
1.20 Amendment
We may amend the Agreement at our sole discretion by posting the revised terms and conditions in the Service or online via https://globalclouds.com/tandc.html. Any increase or decrease in fees will not affect the Rate of your service during its billing period. Your continued use of the Service or the Software after any amendment evidences your agreement to be bound by it.
1.21 Contact Information; Copyright Notices
For communications concerning the Agreement, please write to GlobalClouds.com Pty Ltd, Attn: Commercial Department, P.O. Box 183, Kenmore. Qld. Australia. If you believe that your work has been copied in a way that constitutes copyright infringement and is being shared publically please email abuse@globalclouds.com.
1.22 Limitations of Liability
Without limiting the disclaimer of warranties and limitation of liability in other GlobalClouds.com Pty Ltd agreements: (a) in no event will our or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); (b) in no event will our total liability to you for all damages arising from your use of the Service or information, materials or products included on or otherwise made available to you through the Service (excluding the Software), exceed the amount you paid for the Service related to your claim for damages; and (c) we have no liability for any loss, damage or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the Service or the Agreement. These limitations will apply to you even if the remedies fail of their essential purpose.
1.23 Electronic Communications
When you use any the Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other GlobalClouds.com services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1.24 Disputes
Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by GlobalClouds.com Pty Ltd or through GlobalClouds.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Australian International Arbitration Act 1974 and other applicable State Commercial Arbitration law and the New Model Commercial Arbitration Bill apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to GlobalClouds.com Pty Ltd, Attn: Commercial Department, P.O. Box 183, Kenmore. Qld. Australia.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
1.25 Other
A third party may perform, in whole or in part, any of The Companies obligations under this Agreement. The Company may pay a commission to a party who introduces you (“The Customer”) to The Company. You shall not resell or attempt to resell a Service including without limitation the Company Equipment or Software. The Company may amend the terms and conditions of this Agreement or the Application at any time upon at least ten (10) days notice in writing to Customer, such amendment effective from date specified in the notice. To the extent of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any online sign-up form (“The Application”), the terms and conditions of the Application shall prevail and to that extent only shall this Agreement be inoperative. Customer may not assign this Agreement or the Application or its rights and obligations under the same to any person without the written consent of The Company. The Company may at any time assign its rights and obligations to any person upon written notice and without the consent of Customer. If any provision of this Agreement or the Application is invalid, illegal, or unenforceable to any extent, the remainder of this Agreement or the Application shall remain in full force and effect to the extent permitted by law and shall not be affected, unless such a construction would be unreasonable. A waiver by a party is only effective if it is in writing and signed by the party waiving any right or remedy. A written waiver only applies to the particular matter in respect of which it is given and is not to be taken as an implied waiver of any other matter. This Agreement does not create any agency, partnership, joint venture, or the like between the parties. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party. Except for the obligation for the Customer to pay charges, neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations pursuant to this Agreement or the Application, due to events outside the defaulting party’s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, actions of governmental entities, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. This Agreement contains everything the parties have agreed on in relation to the subject matter hereof, and supersedes and replaces any prior negotiations, arrangements, understandings or agreements, whether oral or written, relating generally to the subject matter hereof. A party cannot rely on an earlier document, or on anything said or done by any other party prior to commencement of this Agreement. This Agreement and the Application shall be governed by and construed in accordance with the laws of New South Wales, Australia and the parties irrevocably submit to the nonexclusive jurisdiction of its courts. The provisions in this Agreement regarding payment, limitation of liability and indemnity shall survive expiry of Service Term, suspension or termination of a Service or termination of this Agreement. This agreement constitutes the entire agreement between the Parties hereunder and may not be modified or amended other than by written instrument executed by both Parties. The Parties represent that they have read this Agreement, understand it and agree to be bound by its terms and conditions. There are no understandings or representations, express or implied, which are not expressed herein.
