Thank you for choosing LivBetter

Last updated 30/08/2013

1 What the Contract Covers

This is a contract between you and New Ideas Company Pty Ltd (Trading as SeeCare), 25 Tower Hill Road, Glen Iris, VIC 3146, Australia ("New Ideas"). Sometimes New Ideas Company Pty Ltd (Trading As SeeCare) is referred to as "LivBetter", "SeeCare", "New Ideas", "we", "us", or "our". This contract applies to any SeeCare software or services, including updates, that display or link to this contract and that you use while this contract is in force ("Services"). All of the software or services are referred to in this contract as the "Services", "service" or "services", and this contract includes the terms and conditions of the Service ("Terms of Use").

These terms and conditions apply to the use of the Service. In using the Service, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Service.

Please note that we do not provide warranties for the Service. The contract also limits our liability. These terms are in sections 17 and 18, and we ask you to read them carefully.

2 When You May Use the Service

Membership in the service is void where prohibited. New Ideas services is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the service by anyone under 13 is unauthorized, unlicensed and in violation of this contract. By using the service, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this contract.

All persons who wish to use the service must register using the registration process. This requires you to provide certain information about yourself ("Registration Information").

All Registration Information provided by you must belong to you and be true, accurate, complete and up to date and by registering you warrant to New Ideas that this is the case. You must notify New Ideas within 14 days of any Registration Information changing.

For your registration to be complete, you must signify that you have read and agree to abide by the terms and conditions of this contract by ticking the box labeled "I accept the Terms of Use and Privacy Policy" found on the "Sign Up" web page.

Confirmation from New Ideas that your registration process is complete does not constitute an acceptance of your registration. New Ideas may require additional verification information before accepting your registration and reserves the right at any time to decline, suspend, or terminate your registration for any reason.

You will be notified once you have been accepted to be registered as a user entitling you to such access to the service in accordance with the terms and conditions in this contract. You may start using the service as soon as you have been notified by New Ideas that you have been accepted as a registered user.

No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.

3 How You May Use the Service

In using the service, you will:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • obey any other policies we publish or make available;
  • obey the anti-spam policy as described in Section 4.1;
  • keep your service account password secret; and
  • promptly notify us if you learn of a security breach related to the service.

4 How You May Not Use the Service

In using the service, you may not:

  • engage in, facilitate, or further unlawful conduct;
  • post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
  • impersonate any other person;
  • use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer or account holder of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
  • post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  • use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages as specified in Section 4.1;
  • use any unauthorized third party software or service to access the messaging network which is part of the services;
  • use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by New Ideas, or "meta-searching");
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
  • damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
  • resell, copy, or redistribute the service, or any part of the service.

4.1 Anti Spam

You may not use of the services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of New Ideas' services or customers.

In addition, e-mail sent, or caused to be sent, to or through the services may not:

  • use or contain invalid or forged headers;
  • use or contain invalid or non-existent domain names;
  • employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • use other means of deceptive addressing;
  • use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
  • contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • fail to comply with additional technical standards described below; or
  • otherwise violate the applicable Terms of Use for the services.

You are not authorized to conduct any harvesting, mining or collection of e-mail addresses or other information from or through the services. New Ideas does not permit or authorize others to use the services to collect, compile or obtain any information about New Ideas’ customers or subscribers, including but not limited to subscriber e-mail addresses, which are New Ideas' confidential and proprietary information.

New Ideas does not permit or authorize any attempt to use the services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party's use and enjoyment of any service.

If New Ideas believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole and absolute discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. New Ideas may immediately terminate any account on any service which it determines, in its sole and absolute discretion, is transmitting or is otherwise connected directly or indirectly with any e-mail that violates the Terms of Use specified in this contract.

Nothing in this contract is intended to grant any right to transmit or send e-mail to, or through, the services. Failure to enforce this contract in every instance does not amount to a waiver of New Ideas' rights.

Unauthorized use of the services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this contract, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

5 You Are Responsible For Your Service Account And Advertising

Only you may use your service account. For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (a "dependant account"). You are responsible for all activity that takes place with your service account or a dependant account. You may not authorize any third party to access and/or use the service on your behalf except where New Ideas provides a mechanism for third parties to access the service on your behalf.

You must ensure that your access to the service is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing the service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the service or any linked web site.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members' obligations as set out in these terms and conditions or any content transmitted by a non-member.

You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your service account, password or ID, whether or not you have authorised that person to use your service account, password or ID.

You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.

Responsibility for the content of advertisements appearing on the service (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

6 If You Are a Dependant or Provisional Account User

If you are the user of a dependant account, then the holder of the service account has full control over your dependant account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your dependant account.

7 If You Pay New Ideas

7.1 Charges

This section 7 applies in all situations in which you directly pay us. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.

To avoid any doubt, even if you pay a company other than us for the service or if you do not pay for the service, you are still bound by all terms and conditions of this contract other than the charges and billing terms.

7.2 Payment

When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You will pay service charges in advance. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and notify you in advance of the difference. We may bill you for more than one of your prior billing periods together. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.

7.3 Updates to Your Billing Account

You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

7.4 Trial Period Offers

You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.

7.5 Prices and Price Increases

The price for the service excludes all taxes and phone charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, phone charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.

  • If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
  • If your service is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change.

If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.

7.6 Refund Policies

Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any returns will be at your expense.

7.7 Online Statement and Errors

We will provide you with an electronic billing statement. This is the only billing statement that we provide. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.

7.8 Canceling the Service

You may cancel the service at any time, with or without cause. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.

7.9 Late Payments

Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 2% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.

7.10 Internet Access Service

You are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service.

8 Payments to You

Your right to any payment due to you under a service is conditioned upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment) and you not breaching any of the terms and conditions of this contract. We will use reasonable efforts to tell you what information we require in advance of your use of the applicable service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this.

9 Proprietary Rights in Service Content - Limited License

All content on the service and available through the service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of New Ideas, its users or its licensors with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without New Ideas' prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the service. Provided that you are eligible for use of the service, you are granted a limited license to access and use the service and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Except for your own User Content, you may not upload or republish Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited. Such license is subject to this contract and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the service or Service Content other than as specifically authorized herein, without the prior written permission of New Ideas, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this contract shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

10 Your and Third Party Materials

10.1 Your Materials

You may be able to submit materials for use in connection with the service ("User Content"). The service includes publicly accessible areas ("public areas of the service") and areas to which you can control access by others ("shared and private areas of the service"). You understand that New Ideas does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the materials you post or provide on the service. However, with respect to content you post or provide you grant to New Ideas (for all content), those members of the public to whom you have granted access (for content posted on shared and private areas of the service), and to the public (for content posted on public areas of the service) free, unlimited, worldwide, nonexclusive and perpetual permission to:

  • use, modify, copy, distribute and display the content in connection with the service and other New Ideas products and services;
  • publish your name in connection with the content; and
  • grant these rights to others.

You understand that New Ideas may need to make copies, change the format, transcode or otherwise process content posted on the service, including on shared and private areas of the service, in order to:

  • store and retrieve the content;
  • make the content available to you and those members of the public to whom you have granted access;
  • conform to connecting networks' technical requirements; or
  • conform to the limitations and terms of the service.

This section applies only to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this Section 10.1 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service without notice at any time.

We do not warrant that any material you submit to the service will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the service. If we elect in our sole discretion to post your information or material in the service, we do not warrant that the material or information you submit will be posted within a certain timeframe.

10.2 Third Party Websites and Content

The service may contain (or you may be sent through the service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the service or any Third Party Applications, Software or Content posted on, available through or installed from the service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by New Ideas. If you decide to leave the service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the service or relating to any applications you use or install from that site.

11 Indemnity

You agree to indemnify and hold New Ideas, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:

  1. any User Content, any Third Party Applications, Software or Content you post, share or use, on or through the service;
  2. your use of the service, your conduct in connection with the service or with other users of the service;
  3. any violation of this contract or of any law or the rights of any third party;
  4. any negligent or improper use, reproduction (whether in whole or in part), modification or disclosure of or change or access to the service, by you or any other person claiming or accessing the service through you.

12 Privacy

In order to operate and provide the service, we collect certain information about you. We use and protect that information as described in the Privacy Policy. In particular, we may access or disclose information about you, including the content of your communications, in order to:

  1. comply with the law or respond to lawful requests or legal process;
  2. protect the rights or property of New Ideas or our customers, including the enforcement of our agreements or policies governing your use of the service; or
  3. act on a good faith belief that such access or disclosure is necessary to protect the personal safety of New Ideas employees, customers or the public.

The service is a private computer network that New Ideas operates for the benefit of itself and its customers. New Ideas retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the Privacy Policy.

Personal information collected through the service may be stored and processed in Australia or any other country in which New Ideas or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.

13 Your Dealings with Others

If you obtain anything from a third party (including third-party offered services) through the service, you understand that your relationship with respect to those things is with the third party directly and not with New Ideas. In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against New Ideas, even if New Ideas assisted in billing or advertising for the third-party offering. You are solely responsible for your dealings with any third party, including but not limited to:

  • delivery of and payment for goods and services;
  • processing and verifying orders, payments and other transactions;
  • customer support related to orders or transactions (e.g., lost orders, billing disputes, payments, etc.);
  • determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions; and
  • the purchase and use by you and your associated accounts of any third-party products and services.

You represent and warrant that:

  • the products and services you advertise, sell and distribute are legal for sale and distribution and do not violate this contract;
  • you have all licenses necessary to sell, distribute and advertise the goods and services you offer; and
  • all sales and advertisements will comply with applicable law.

14 Your Privacy Practices

In using the service, you may be able to collect personal information about third parties through your dealings with such third parties. If you do, you agree to:

  1. post a privacy policy on your web site that, at a minimum, discloses any and all uses of personal information that you collect from such third parties;
  2. provide a hypertext link to your privacy policy on the home page of your web site and on all pages where you collect personal information from third parties, including on checkout pages; and
  3. use personal information only as expressly permitted by your privacy policy.

15 Requirements For Placing Advertisements

You may be able to place advertisements in or through the service. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:

  • all advertising content is accurate, complete and current;
  • you have all necessary rights, power and authority to publish the advertising content;
  • the advertising content, and any web site listed or linked to from the advertising content:
    • complies with all applicable laws and regulations;
    • does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
    • does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
    • does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
  • you possess documents substantiating all claims, express and implied, contained within the advertising content.

16 How We May Change the Contract

We reserve the right to amend this contract from time to time. Amendments will be effective immediately upon notification on the Service. Your continued use of the Service following such notification will represent an agreement by you to be bound by the contract as amended. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place.


We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information, including any personal and health information, available from the service. To the maximum extent permitted by law we and our affiliates, resellers, distributors and vendors (collectively, the "New Ideas parties") give no express warranties, guarantees or conditions. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. Furthermore, we provide no express or implied warranty or guarantee that any information, including health related information, stored or used by you, or on your behalf, using the service can be used to assess, record, maintain or improve your health.

All information provided by us through the service is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time.

We do not make any representations or warranties that the information provided through the service is reliable, accurate or complete or that your access to the service will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted through the service. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the service.

We do not accept any liability for the accuracy or content of any material posted by other members of the service. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us or another member;

We do not accept any responsibility or liability for any information or material which you submit to the service, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the service.

If you download any material from the service, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.


The total and cumulative liability whatsoever (including in contract, tort including negligence, pursuant to statute or otherwise) of New Ideas parties under this contract is limited to an amount which is the lesser of: (1) an amount equal to the service fee paid by you for one month; or (2) one hundred Australian dollars (AUD $100). You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

  • the service,
  • content (including code) on third party Internet sites, third party programs or third party conduct,
  • viruses or other disabling features that affect your access to or use of the service,
  • incompatibility between the service and other services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • New Ideas knew or should have known about the possibility of the damages.

To the extent permitted by law:

  1. subject to clause (18.2) below all implied terms, conditions and warranties in favour or for your benefit (whether statutory or otherwise) are, to the extent lawfully permitted, hereby excluded;
  2. if the Trade Practices Act 1974 (Cth) or any other Act of Parliament (whether Commonwealth, State, Territory or otherwise) implies into this contract any term, condition or warranty which cannot be negatived, varied, restricted, waived, excluded or modified, then notwithstanding clause (18.1) above such term, condition or warranty shall remain in this contract but only to the extent that it cannot be so negatived, varied, restricted, waived, excluded or modified;

Subject to sub-clause (18.2) above New Ideas shall not be liable for any delay, failure to perform its obligations (under this contract or otherwise), or any other event, omission, loss or damage, arising as a result of or in connection with any matter or circumstance beyond its reasonable control.

19 Changes to the Service - If We Cancel the Service

We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.

20 Interpreting the Contract

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

21 Assignment

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

22 No Third Party Beneficiaries

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

23 Claim Must Be Filed Within One Year

Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

24 Notices

24.1 Your Notices to Us

You may notify us as stated in the customer support or "help" area for the service. We do not accept e-mail notices.

24.2 Notices We Send You - Consent Regarding Electronic Information

This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:

  • by e-mail at the e-mail address you specified when you signed up for your service;
  • by access to a New Ideas web site that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a New Ideas web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

24.3 Copyright and Trademark Notices

All contents of the service are Copyright © 2009 New Ideas Company Pty Ltd and/or its suppliers, 25 Tower Hill Road, Glen Iris, VIC 3146, Australia. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. New Ideas, SeeCare, SeeCare logo and/or other New Ideas products and services referenced herein may also be either trademarks or registered trademarks of New Ideas in Australia and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

24.4 Financial Notice

New Ideas is not a broker/dealer or registered investment advisor under Australian law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the service constitute an offer or solicitation to buy or sell any security. New Ideas does not endorse or recommend any particular financial products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, investment or tax advice.

24.5 Health Notice

New Ideas is not a health practitioner or registered health and care advisor under Australian law or laws of other jurisdictions, and does not advise individuals as to the advisability of obtaining, purchasing or selling third party health and care products or services. Nothing contained in the service constitute an offer or solicitation to buy or sell any such products or services. New Ideas does not endorse or recommend any particular health and care products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, advice on health care or any other care.

25 Support

Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.

26 Governing Law - Venue and Jurisdiction

By visiting or using the service, you agree that the laws of the State of Victoria, Australia, without regard to principles of conflict of laws, will govern this contract and any dispute of any sort that might arise between you and New Ideas or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Victoria, Australia and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Victoria, Australia.