Terms of Use

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Terms and Conditions

Welcome to the website, unwind365.com (the "Platform") for Unwind 365. This Platform and the application (if any) (the "App") (individually and collectively known as the "Platform") is owned and operated by Provision Ventures LLC. ("PV", "we" or "us"). All usage of this Platform, its Content and the services provided through this Platform ("Services") are subject to these Terms of Use ("Terms"). These Terms apply to all users of this Platform ("Users" or "you"). Please read these Terms carefully as they, along with our Privacy Policy and any other applicable operating rules, policies or procedures which we may publish from time to time and are incorporated into these Terms by reference of each as they form a binding contractual agreement between you and us. By using the Platform, you agree to be legally bound by these Terms as amended from time to time. You agree to comply with these Terms, and acknowledge and agree that we have the right, in our sole discretion, to terminate your account or take such other action as we see fit in our sole discretion, including but not limited to instigating legal proceedings and/or reporting you to the relevant law enforcement authorities if you breach any of the terms of these Terms.

For that reason these Terms are important and you should ensure that you read them carefully and thoroughly. Contact us with any questions before you use the Platform. Should you have any further enquiries, you can contact at support@unwind365.com.

IF YOU DO NOT AGREE WITH THE TERMS, YOU MUST NOT ACCESS, BROWSE, USE OR PARTICIPATE IN ANY PART OR WHOLE OF THE WEBSITE, PLATORM OR ENGAGE/ACCEPT THE SERVICES.

GENERAL AND ADMINISTRATIVE TERMS OF USE OF SITE
1. By using the Platform you:
  1. Signify your agreement to and acceptance of the Terms
  2. Signify your agreement to and acceptance of any other policies (including our Privacy Policy) published by us from time to time;
  3. Warrant that you have the right and authority to enter into a binding contract with us, and are not prohibited from doing so under any applicable laws, rules and, regulations;
  4. Warrant that the performance of anything you submit to or publish on the Platform does not infringe the rights of any third party;
  5. Warrant that each transaction requested by you relates only to the Services that you are entitled to receive through the Platform; and
  6. Warrant that you will at all times comply with the applicable federal, state, and local government laws and regulations when you use the Platform and that you won't violate (or cause us to violate) any applicable law, regulation, standard or relevant industry code.
2. If you are not 18 years or older you must not use the Platform without your parent or guardian’s express consent. Your parent or guardian agrees to these Terms and agrees to be liable for your actions on your behalf.
3. We reserve the right to amend and update the Terms from time to time. We will post a notice of changes to the Terms on the Website by way of reflecting these changes in the most current version of the Terms, which are available for your reference via the link at the bottom of this site. However, we are under no obligation to provide you with individual notice of any changes. As such, we recommend that you regularly check the Terms for updates. Your continued use of the Platform after such changes will signify your acceptance of the revised Terms. If you do not agree with any of the amended Terms then please do not continue to access or use the Platform.
4. The Platform and all related computer systems, procedures, and databases created, operated, maintained or accessed by PV or Affiliates (defined below) in connection with supplying the Services, contain proprietary and confidential information of substantial economic value to us and our Affiliates. You shall not make any unauthorized use, misuse, or disclosure of such information.
5. We are authorized, without further inquiry, to provide the Services in accordance with any request received by us if we receive apparently proper identification. We are not responsible for verifying apparently proper identification you provide to us. We may require partial or full documentation or other verification before effecting any transaction whenever we, in our sole discretion, deem obtaining such documentation or other verification to be appropriate or desirable and shall not be liable for any loss due to a delay resulting from such request. You acknowledge that we may exercise this discretion more readily in certain cases, such as meeting our obligations under any applicable anti-money-laundering or similar law, regulation, or policy.
6. For the avoidance of doubt, the accuracy, completeness, and timeliness of all information provided to us by you via the Platform are your sole responsibility. You are responsible for all activities occurring under your accounts that are due to your action or inaction. You are responsible for verifying the accuracy of transactions as entered and for information as received.
7. If you discover that you have obtained access to information on the Platform that you do not have authority to access, you agree to immediately terminate such access and inform us at support@unwind365.com.
8. Prices and the availability of Services are subject to change without notice. No price protection applies. We reserve the right to limit sales, including the right to prohibit sales at our discretion.
9. By requesting information through the Platform, you consent to the transmission of the requested information (which may include mobile telephone unique identifier information) through the Platform and assume all risks of such transmission.
10. Subject to the conditions outlined in our Privacy Policy, you authorize us to send you emails and other communications relating to our business, the Services and the Platform including special offers, promotions, new releases etc. If you wish us to cease sending this information to you, you may unsubscribe via the links provided in our communications to you.
11. We may, in our sole discretion, refuse to offer access to the Platform and Services to any person or entity and change the eligibility criteria for access to the Platform at any time.
12. You acknowledge that you have obtained legal advice in relation to these Terms or have knowingly declined to do so.
DEFINITIONS
1. The following definitions shall apply to the Terms:
  1. "Affiliate(s)" means any other person directly or indirectly controlling or controlled by or under direct or indirect common control with the person.
  2. "Authorized Representative" means any employee, agent, or other representative of PV or an Affiliate of PV.
  3. "Documentation" means, if issued by PV, any tutorial, frequently asked questions, help files, and other information that may be made available by links on the Platform or through a help desk on the operation and administration of the Platform;
  4. "Content" means any information, including but not limited to, articles, Documentation, Marks, images, charts, graphs, graphics, designs, photographs, audio and video clips, software, and HTML, XML and similar code.
  5. "Intellectual Property Rights" means all intellectual property and proprietary rights (whether registered or unregistered) including without limitation copyright, photography, literary works, musical works, sound recordings, cinematograph films, software, trade marks, service marks, trade names, logos business names, domain names, social media pages, patents, patent applications, designs, inventions, trade secrets, know-how and similar industrial or intellectual property rights trademarks, whether such rights are registered or not and wherever such rights subsist in the world.
  6. "Marks" means trademarks, service marks, logos and names and titles, of and associated with PV or an Affiliate of PV;
  7. "Privacy Policy" means our Privacy Policy (as amended from time to time) which forms part of these Terms and is available at the following address https://www.unwind365.com/legal/privacypolicy
  8. "User" means any person or entity using this Platform, including, without limitation, users who are contributors of content, information, and other materials or services.
INTERPRETATION
1. The following rules of interpretation apply to the Terms and the Platform:
  1. The singular includes the plural and vice versa.
  2. A reference to $ is a reference to the currency of the United States unless otherwise stated.
  3. Headings to clauses are included for the sake of convenience only and shall not affect the interpretation of the Terms.
  4. The word "person" means and includes a natural person, a company, a firm or any other legal entity including where that person is acting as a trustee.
  5. The words including and includes mean including but not limited to.
  6. When a User comprises two or more persons the rights and obligations of such persons pursuant to these Terms shall inure for the benefit of and bind all of them jointly and severally.
DESCRIPTION OF THE PLATFORM
1. The Platform is a hosted service, online marketplace and facilitator for Users of the Platform to access Content, Documentation, data, weblinks and information that may be uploaded, stored, transmitted, submitted, exchanged or otherwise made available to or via the Platform (" Content"), in accordance with these Terms.
REGISTRATION OF USER ACCOUNT
1. In order to access the Services, you must register and create an account ("User Account"). When you register to use the Platform and become a User, you will be required to provide us with personal information such as your email address, your first name and last name, location and credit card details (for the purposes of charging you the agreed fees for the Services) and will choose a username and password for your User Account. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
2. You are solely responsible for maintaining the confidentiality of any account information and all use of your username and password and all activity emanating from your User Account, whether or not such activity was authorized by you.
3. If your username or password is lost or stolen, or if you believe that your User Account has been accessed by an unauthorised third party, you are advised to notify us in writing or by email and you should change your password at the earliest opportunity.
4. We reserve the right to disallow, cancel, remove or reassign usernames and permalinks, as determined by us in our sole discretion and may without prior notice, suspend or terminate your User Account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms or an infringement or violation of the rights of any third party or of any applicable laws or regulations.
5. By registering for a User Account, you further agree that:
  1. You will not create more than one personal User Account.
  2. You will not create a User Account for anyone but yourself without their permission.
  3. You will not create a User Account with false information.
  4. If we disable your User Account for any reason, that you will not attempt to make a new User Account.
  5. You will not use your User Account for commercial gain.
  6. You will not transfer your User Account to anyone.
6. As a User you may receive occasional special offers, marketing and survey communication emails with respect to the Services. You can easily unsubscribe from PV commercial emails by following the opt-out instructions in these emails.
DESCRIPTION OF THE PLATFORM
1. The Platform is a hosted service, online marketplace and facilitator for Users of the Platform to access Content, Documentation, data, weblinks and information that may be uploaded, stored, transmitted, submitted, exchanged or otherwise made available to or via the Platform ("PV Content"), in accordance with these Terms.
ELIGIBLITY OF USER ACCOUNT
1. In order to access the Services, you must register and create an account ("User Account"). When you register to use the Platform and become a User, you will be required to provide us with personal information such as your email address, your first name and last name, location and credit card details (for the purposes of charging you the agreed fees for the Services) and will choose a username and password for your User Account. We will handle all personal information we collect in accordance with our Privacy Policy. You must ensure that this information is accurate and current and you agree to:
  1. Exercise supervision over the Minor's use of the Platform and User Account.
  2. Assume all risks associated with the Minor's use of the Platform and their User Account, including the transmission of content or information to and from third parties via the Internet.
  3. Ensure that the content and information that the Minor may encounter on our website are suitable for the Minor.
  4. Assume liabilities resulting from the Minor's use of the Platform and their User Account.
  5. Ensure the accuracy and truthfulness of all information submitted by the Minor.
  6. Provide the consents contained in these Terms on behalf of the Minor.
2. We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf and even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
TERMINATION OF USER ACCOUNT
1. You may terminate your User Account at any time, for any reason, following the instructions on the Platform. We may terminate your User Account at any time without notice if we believe that you have violated these Terms.
2. Upon such termination, you will no longer be able to access the Services and you will not be entitled to any refund of the Subscription Fee or for any other purchases on the Platform.
3. Any such termination shall be without prejudice to any other remedies we may have against you, including, but not limited to, injunctive relief, nor shall termination relieve you of your obligations to pay us any applicable Subscription Fees unpaid as at the date of such termination.
EMAIL NOTIFICATIONS AND PUSH NOTIFICATIONS
1. When you create a User Account, you will be asked whether you agree to us sending you communications (including communications promoting our Products) via email ("Email Notifications"). If you have agreed to receive Email Notifications, you may choose to stop receiving them at any time by clicking the "unsubscribe" or "opt-out" link at the bottom of our Email Notifications.
2. Upon such termination, you may no longer be able to access the Services and you will not be entitled to any refund of the Subscription Fee or for any other purchases on the Platform.
USE OF SERVICES & PLATFORM
1. In consideration for the Subscription Fee, we grant you a non-exclusive, worldwide, revocable, non-transferable licence to use the specified Services in accordance with these Terms.
2. We retain complete editorial control over the Platform and the Services and may alter or amend any aspect or part of the Platform or the Services at any time in our sole discretion without prior notice or liability to you. you acknowledge that we are not liable for any loss or damage whatsoever, caused or resulting from any action taken or reliance made by you on any information or material on the Platform and/or the Services.
3. You acknowledge and agree that the Platform and Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease the operation of the Services, or any part thereof, at any time without prior notice or liability to you.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
1. You agree to be bound by any affirmation, assent, or agreement you transmit through the Platform, including but not limited to any consent you give to receive communications from us solely through electronic transmission. Your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
RESTRICTIONS ON USE
1. Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other person or Affiliate to:
  1. Copy, reproduce, republish, upload, post, transmit, or distribute in any way material or Content from this Platform or provided to use through your use of the Services, in any manner inconsistent with the purposes for which it is offered by PV to its Users (which for the avoidance of doubt, is for non-commercial, personal and domestic use only).
  2. Use, promote or otherwise encourage the use of this Platform or any Content for any illegal or unauthorised purpose.
  3. Infringe or violate the rights of third parties, including copyright, trademark, patent, rights of privacy, or any other proprietary or contractual right.
  4. Directly or indirectly transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorised communication;
  5. Copy, modify, or display our name, trademarks, or logo or those of any Affiliate of JS, or any text, graphic images, or other Content from this Platform.
  6. Use devices (including software) that are designed to provide repeated automated access to this Platform or probe, scan, or test the vulnerability of any system or network related in any way to this Platform.
  7. Use, share, upload, create, transmit or deal in any way with material that contains "viruses", "Trojan horses", "copybots", "worms", "spyware", "time bombs", "cancelbots" or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device.
  8. With the exception of web browser software, or other applications approved by us, use any software, program, application or any other device to access or log on to the Platform, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any Content from Platform, including our computer system.
  9. Include any Mark, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any User and/or website and the Platform.
  10. Obtain or attempt to obtain personal data about other Users of this Platform.
  11. Use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit.
  12. Create a link from a web site to any page of this Platform unless the user or the operator of the other web site has executed our then standard agreement for the granting of permission to establish such a link.
SITE MONITORING
1. While we may monitor any use of this Platform, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
2. We and our Affiliates and authorized Representatives may monitor your use of this Platform to evaluate the quality of service you receive, your compliance with these Terms, the security of this Platform or for other lawful reasons.
3. You hereby waive and release us from any cause of action or other right with respect to us or our Affiliates or authorized Representatives concerning any monitoring activities so undertaken.
MOBILE AND OTHER DEVICES
1. Please be aware that when you access or use the Platform on your mobile or other personal device that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
DISCLAIMERS
1. The Platform and Services are provided "as is", without any warranty of any kind except as set forth herein. PV expressly disclaims all warranties to the maximum extent allowed by law.
2. To the full extent permitted by law, PV and its Affiliates do not warrant or make any representations regarding the Services, the Content or use of this Platform in terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the Content on this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
3. Our Services may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, links to other sites on the World Wide Web are not under the control of PV or any Affiliate or authorized Representative of PV and none of such persons is responsible for the Contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
4. Unwind 365 is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Platform or a third-party linked website. You must take your own precautions to ensure that whatever you select for your use of our Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
5. We make no warranty that:
  1. The operation of the Platform will meet the User's requirements or expectations.
  2. Access to the site will be uninterrupted, timely, secure, free of unauthorised code or other harmful components, or free of error or malfunction.
  3. The results that may be obtained from the use of the site will be accurate or reliable.
  4. Errors or defects will be corrected and/or corrected within a specified period of time.
LIMITATION OF LIABILITY
1. To the full extent permitted by law, PV and its Affiliates, Authorized Representatives, employees, agents, network service providers, business partners, licensees and licensors (collectively, the"Related Parties") disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further excludes liability for all losses, including without limitation direct, indirect, incidental, consequential, exemplary, punitive or special damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) arising out of or in any way connected with access to or use of the Platform or the Services, even if PV and/or Related Parties have been advised of the possibility of such damages.
2. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of PV and its Affiliates shall be limited to the fullest extent permitted by law.
INDEMNIFICATION
1. You agree to indemnify, defend, and hold harmless PV and any and all Affiliates or Authorized Representatives of PV, at your expense, against any and all claims, actions, proceedings, suits and all related liabilities, damages, settlements, penalties, fines, demands, losses, costs or expenses (including reasonable solicitors fees and costs and other dispute resolution expenses) incurred by us and our Related Parties arising from or relating to:
  1. Your access or use of the Platform or the Services.
  2. Your violation of these Terms.
  3. Your violation of any other person's rights hereunder, including violation of any intellectual property or privacy right.
2. Unwind 365 may, at its own expense, participate in any matters, claims or proceedings which are subject to indemnification by you, and you shall not settle any such matter, claim, or proceeding in a manner prejudicial to the rights of Unwind 365 without the written consent of Unwind 365, which shall not be unreasonably withheld.
PRIVACY AND SECURITY
1. You warrant that you have read the Privacy Policy published on the Platform that details how PV uses and protect the personal information of certain Users that may be transmitted to this Platform or otherwise obtained by us.
2. You agree to the collection and use of your Personal Information in accordance with the Privacy Policy.
3. You agree to email us immediately at support@unwind365.com if you believe that:
  1. The security of this Platform has been breached.
  2. Your information on the Platform may have been used without your authorization.
  3. This Platform contains any inaccurate information, infringes any law or these Terms.
INTELLECTUAL PROPERTY
1. You acknowledge and agree that we own or license all legal right, title and interest in and to the Platform, including any and all current and future Intellectual Property Rights that subsist in the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist), including such rights with respect to any Content, name, or Mark that we may develop for, or use in connection with, the Platform. Nothing in these Terms gives or is intended to transfer to or give you or any User any claim of ownership or any other rights in such intellectual property.
2. The following restrictions apply to the Content:
  1. You agree that the Content is our property or the property of our licensees (as the case may be) and is subject to protection by the United States of America and international intellectual property laws.
  2. Subject to these Terms, and except as expressly indicated otherwise, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of the Content (or any portion thereof) without our prior written approval.
  3. You may only use Content that is made available on the Platform strictly for your own non-commercial and private use.
  4. You agree that you will not use any intellectual property in a way that is likely or intended to cause confusion about the owner or authorized user of the intellectual property.
  5. You may not use, distribute, modify, transmit, or post any Content obtained from the use of the Platform or any functions of the Platform for public or commercial purposes without our express written permission including but not limited to reselling access to any such Content or to redistributing or facilitating the redistribution of any such materials for sale to others.
  6. You may not delete, remove, or obscure copyright or other intellectual property rights and proprietary notices from any Content.
3. Nothing contained in these Terms or this Platform grant any license or right to use any of the Marks displayed on this Platform. You agree not to use the Marks.
4. You agree that any material, information, and ideas that you transmit to PV for inclusion in the Platform shall be treated as non-confidential, non-proprietary, and free from any moral right. PV shall be under no obligation of any kind with respect to such transmissions and shall be free to reproduce, use, disclose, and distribute such transmissions to others in any manner, including any manner that does not reveal your identity.
5. If you believe that any materials on the Platform infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must:
  1. Identify the allegedly infringing materials.
  2. Indicate where on the Platform the infringing materials are located.
  3. Provide your name and contact information.
  4. State that you have a good faith belief that the materials are infringing.
  5. State that the information in your claim is accurate.
  6. Indicate that you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice in accordance with our requirements. Our contact for copyright issues relating to the Platform (including the notices and counter-notices) is support@unwind365.com.
MODIFICATIONS, SUSPENSIONS AND TERMINATIONS
1. If you breach any of these Terms or we anticipate you will breach any of these Terms, we may terminate any right granted to you in these Terms.
2. We may suspend or terminate your access to the Platform at any time without giving notice or a reason for such suspension or termination.
3. We may modify or discontinue all or any portion of the Platform or any function made available thereby at any time without prior notice.
4. We may block access to the use of all or any portion of the Platform or any function of the Platform without prior notice in the event that we elect to discontinue such service on a temporary or permanent basis or in the event that you breach these Terms.
5. We reserve the right to block access to all or any portion of the Platform if we have reason to believe that the general security and/or integrity of the system is being threatened or compromised.
6. The Platform may be unavailable at times due to scheduled maintenance or no fault of ours.
JURISDICTION AND APPLICABLE LAW
1. Unless otherwise specified, we control and operate this Platform from our offices within the United States of America. The services and products described and information provided through this Platform are directed to and are not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject us or any of our Affiliates or authorized Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Platform do so at their own initiative and are responsible for compliance with applicable local laws or regulations.
2. Your use of the Platform and these Terms are governed by the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute of any type that may arise between a User and PV or its Affiliates and Authorized Representatives concerning or arising out of the use of this Platform.
MISCELLANEOUS
1. If any of these Terms are held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
2. We may transfer, assign, novate or otherwise deal with any part or whole of the Platform without notification or obligation to you.
3. These Terms, together with the Privacy Policy, make up the entire agreement between you and us, and supersede any prior agreements.

Terms and Conditions

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