These Terms of Service (the "Agreement") set forth the terms and conditions upon which PEAKHOUR URBAN TECHNOLOGIES PTY LTD, hereinafter referred to as “PeakHour”, makes available its file conversion services ("Services") to you ("Subscriber", “Guest User” or "You"). For the purposes of this Agreement: (a) "Subscriber", “Guest User” or "You" means the individual or business entity that is using or registering to use the Services. Your use of the Services is expressly conditioned on your compliance with these Terms of Service.
By clicking, accessing or using the Services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that PeakHour may revise these Terms of Service from time to time. If we make changes, we will indicate at our website including the date. By continuing to access or use the Services after PeakHour makes any such revision, you agree to be bound by the revised Terms of Service.
PeakHour is registered in Australia as a limited company (ABN 55641682402).
This service offers functionality to send and receive files of different file formats in a secure and organized manner. This service is provided through an application offered on Windows and macOS platforms. Subject to all the terms and conditions of this Agreement, PeakHour shall supply the Services to you and grant you a personal, non-transferable, revocable licence to use the Services from the Effective Date for the Subscription Period. You, subscribers as well as guest users, agree to comply with the policies and limitations concerning the use of the vyShare service, including, without limitation, according to the subscription package you have purchased.
To receive the service, you need to sign up for an account, and provide your name, e-mail address and a password. At this point a contract between you and PeakHour will be formed. Subscribers will also be asked to provide payment details for the Services which will be used to make your first payment and recurring payments in accordance with these terms. If we receive your payment and accept your offer you will receive a confirmation in the application acknowledging that we have received your payment and accepting your offer to subscribe for the Services. At this point a contract between you and PeakHour will be formed.
Monthly subscription payment will be renewed one month after your payment and are not refundable. You can cancel or change your subscription to a different plan at any time.
You agree to not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of vyShare or attempt to do any of the foregoing in relation to the vyShare service.
In consideration for the provision of the Services, you shall pay PeakHour the Subscription Fee. The Subscription Fee is exclusive of GST or other sales tax which, if applicable to you, shall be payable by you at the then prevailing rate. PeakHour shall issue invoices in respect of the Subscription Fee.
In the event that the Subscription Fee is not collected in accordance with these terms, PeakHour may deny you access to the Services without notice.
Subscribers of service expressly understand and agree that PeakHour shall not be liable for any indirect loss, consequential loss, loss of profits, loss of revenue, loss of business opportunity, loss of anticipated savings, loss or damage to goodwill or reputation, loss of use or data or damage to your IT equipment or systems resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute Services; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party using the Service; or (V) any other matter relating to the Services. PeakHour’s aggregate liability to you in connection with this Agreement is limited to the sum of AUD1,000.
IF YOU ARE A SUBSCRIBER THE SERVICES ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKHOUR EXPLICITLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, REGARDING SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). PEAKHOUR MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT PEAKHOUR WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES. IF WE PROVIDE ADVICE OR INFORMATION ON WAYS TO USE THE SERVICE OR WAYS IN WHICH YOUR USE OF THE SERVICES MAY BE IMPROVED, WE ARE NOT OFFERING ANY PROMISE OR GUARANTEE IN ADDITION TO THOSE EXPRESSLY STATED IN THESE TERMS OF SERVICE.
You agree to defend, indemnify, and hold harmless PeakHour, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.
You can terminate your account at anytime. We may, at any time, terminate your right to use and access the vyShare service if you breach any provision of these terms, if you fail to make the timely payment or if we are required to do so by law. We may change, update, or discontinue parts of the service or the service in its entirety without liability to you or anyone else. If we discontinue vyShare in its entirety then we will notify you at least 30 days prior to termination.
This Agreement will be governed by the laws of Victoria, Australia and all disputes will be submitted to a competent court in Victoria. The Victorian courts shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the those courts.
These Terms of Service are the entire and exclusive agreement between PeakHour and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between PeakHour and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PeakHour services, affiliate services or third-party content software or services. Please be aware that PeakHour reserves the right to cancel any transmission they find in violation of any of the above terms.
If you have any questions about these Terms of Service, please contact PeakHour at info@urbanPeakhour.com.
