Vrhouse Terms of Services

This web page represents our Terms of Use and Sale ("Agreement") regarding our website, located at Vrhouse.com.au, and the tools we provide you (the "Website", “smart Phone application” or the "Service"). It was last posted on. July 2020. The terms, "we" and "our" as used in this Agreement refer to Vrhouse.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy accessible at https://vrhouse.com.au/legal/privacy-policy, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

This Agreement governs your initial purchase as well as any future purchases made by you that reference this Agreement and includes our Privacy Policy and any other referenced policies and attachments.

This Agreement applies to the use and access of client software solutions, hosted or cloud based solutions, mobile solutions (Apps), websites, any related support and maintenance services as well as hardware products sold by Vrhouse (hereinafter referred to as “Services”).

Deviations from our Agreement shall only be deemed as agreed if expressly confirmed in writing by us. Other terms and conditions shall not become part of the contract between us and the customer even if we do not expressly object to those terms and conditions.

We are not responsible for services provided by third parties which you access via Vrhouse. This also applies to social networks, CRM’s, CMS’s and Portals. In these cases, the terms and conditions of the respective provider apply.

You may need to register for an Vrhouse account in order to place orders or access or receive any Products. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.

Fees and Payments

You agree to pay to Fees and Payments

You agree to pay to Vrhouse any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Some of our Services are billed on a subscription basis (hereinafter referred to as “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription.

You authorize Vrhouse or its third-party payment processors to bill you in advance in accordance with the payment terms.

Unless otherwise stated, you are responsible for any taxes or duties associated with the purchase of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Vrhouse for the Services without any reduction for Taxes. If Vrhouse is obliged to collect or pay Taxes, the Taxes will be invoiced to you.

Vrhouse may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Vrhouse will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

Authorized Users

Only the specific individuals for whom you have paid the required fees and whom you designate through the applicable Service (“Authorized Users”) may access and use the Service. Some Services may allow you to designate different types of Authorized Users, in which case pricing and functionality may vary according to the type of Authorized User. Authorized Users may be you or named employees. You may increase the number of Authorized Users permitted by placing a new Order.

In all cases, you must pay the applicable fee for the increased number of Authorized Users. You are responsible for compliance with this Agreement by all Authorized Users.

Software Terms

Vrhouse grants you a non-exclusive right to access and use the Services during the applicable Subscription Term in accordance with this Agreement. If Vrhouse offers client for any Service, you may use such software solely with the Service, subject to the terms and conditions of this Agreement. You acknowledge that we may make changes to the Services from time to time.

The Software includes code and libraries licensed to us by third parties, including open source software.

Credentials

You must ensure that all Authorized Users keep their user IDs and passwords for the Services strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify Vrhouse of any unauthorized use of which you become aware.

Your Data

“Your Data” means any data, content, video, images or other materials of any type that you upload, submit or otherwise transmit to or through our Services. You will retain all right, title and interest in and to Your Data in the form provided to Vrhouse. Subject to the terms of this Agreement, you hereby grant to Vrhouse a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Service to you and (b) for Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorized Users) direct or enable through the Service. Vrhouse may also access your account in order to respond to your support requests.

You must ensure that your use of Vrhouse Services and all Your Data is at all times compliant with all applicable local, state, federal and international laws and regulations.

We may remove or delete Your Data within a reasonable period of time after the termination of your Subscription Term.

No-Charge Services

We may offer certain Services to you at no charge, including free accounts, trial use, and access to Beta Versions (“No-Charge Services”). Your use of No-Charge Services is subject to any additional terms that we specify and is only permitted for the period designated by us. We may terminate your right to use No-Charge Services at any time and for any reason in our sole discretion, without liability to you. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Services, including any Support and Maintenance, warranty, and indemnity obligations.

Restrictions

Except as otherwise expressly permitted in this Agreement, you will not: (a) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer, or provide access to the Services to a third party, (b) use the Services for the benefit of any third party, (c) incorporate any Services into a product or service you provide to a third party, (d) circumvent mechanisms in the Services intended to limit your use, (e) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Services, except as permitted by law, (f) remove or obscure any proprietary or other notices contained in any Product, or (g) publicly disseminate information regarding the performance of the Services.

Subscriptions & Cancellation

Monthly with annual contract subscriptions

Subscribing on a monthly basis with an annual contract means that you are committing to a 12-month contract. Your credit card will be charged, each month, on a recurring basis on the anniversary date of your subscription, for a period of 12 months.

If you choose to cancel your Subscription your credit card will be charged three-month penalty fee. You will continue to have access to the Service through the penalty period for which you are charged. Monthly with annual contract subscriptions are only available to subscribers paying by credit card. If the credit card expires during the subscription term, the account will be suspended until a new credit card is provided. Please note that subscriptions are non-refundable.

Yearly subscriptions

Subscribing on a yearly basis with an annual contract means that you are committing to a 12-month contract. Your credit card will be charged, each year, on a recurring basis on the anniversary date of your subscription, for a period of 1 year.

Suspension and Termination of Services

If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.

Vrhouse may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. Vrhouse may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Vrhouse has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Vrhouse may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services.

Warranty Disclaimer.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.

We strive to provide great Services, but there are certain things that we can't guarantee. ALL SERVICES ARE PROVIDED “AS IS,” AND Vrhouse AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. Vrhouse SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF Vrhouse. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Vrhouse NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICES (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Vrhouse, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Vrhouse HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO Vrhouse FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.

Improving Our Services

We are always striving to improve our Services. In order to do so, we need to measure, analyze, and aggregate how users interact with our Services, such as usage patterns and characteristics of our user base. We collect and use analytics data regarding the use of our Services as described in our Privacy Policy.

Controlling Law

The contract is exclusively concluded in the United States.

Entire Agreement

These Terms constitute the entire agreement between you and Vrhouse with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Vrhouse failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Vrhouse may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Vrhouse. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Vrhouse aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Vrhouse, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Vrhouse. Vrhouse prohibits the use of any logo of Vrhouse or any of its affiliates as part of a link to or from any Website unless Vrhouse approves such link in advance and in writing. Fair use of Vrhouse’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Vrhouse. Such links are provided for your reference only. Vrhouse does not monitor or control outside Websites and is not responsible for their content. Vrhouse’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Vrhouse’ inclusion of the links imply that Vrhouse is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website

Content Disclaimer

Postings on our Website are made at such times as Vrhouse determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contain current information. Vrhouse does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

No Warranties; Exclusion of Liability;

OUR WEBSITE IS OPERATED BY Vrhouse ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Vrhouse SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. Vrhouse SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Vrhouse OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Vrhouse LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Vrhouse FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, Vrhouse DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.