Terms & Conditions
Welcome to the website (the "Website") of NIGGLE IT, ("Niggle It", "we", "us" or "our") which provides the services available on the Website to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Website and/or registering for an account you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
Niggle It, through the Website, offers a paid, subscription-based reminder and alert service for warranties, renewals, permits and many other documents and services that have important expiry dates.
Please visit our website at www.niggleit.com for further information as to how Niggle It operates.
2. Accuracy of Information
We attempt to be as accurate as possible when describing our products and services on the Website; however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, prices for products and services, hours of operation or other content available on the Website is accurate, complete, reliable, current, or error-free. Please visit these terms and conditions regularly to ensure that you keep up-to-date with any amendments, revisions or changes.
3. Intellectual Property
(a) All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, code, and software, and the compilation thereof (the "Content") is the property of Niggle It, our affiliates, our partners or our licensors, and is protected by Australian and international copyright and other intellectual property laws.
(b) The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Niggle It, our affiliates, our licensors or our partners, in all countries, and are protected by international trade mark laws. All other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
(c) Except as set forth in the limited licence in Section 4 below, or as required under applicable law, neither the Content, the Trade Marks , nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
4. Limited Licence
(a) We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
(b) The limited licence set forth in this Section 4 does not include the right to:
(i) Modify or download the Website or its contents (except caching or as necessary to view content);
(ii) Make any use of the Website or its Content other than personal use;
(iii) Create any derivative work based upon either the Website or its Content;
(iv) Collect account information for the benefit of another party;
(v) Use any meta tags or any other "hidden text" utilizing our name or the Trade Marks without our express written consent; or
(vi) Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
(c) You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website
(i) May link to, but not replicate, our Content;
(ii) May not imply that we are endorsing such website or its services or products;
(iii) May not misrepresent its relationship with us;
(iv) May not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
(v) May not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
(vi) May not use any Trade Mark without express written permission;
(vii) May not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
(d) Any unauthorized use by you of the Website terminates the limited licence set forth in this Section 4 without prejudice to any other remedy provided by applicable law.
5. Third Party Links
We are not responsible for the content of any off-Website pages, third party content (including viruses or malware) or any other websites or online content linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
6. Representations and Warranties; Disclaimer; Limitation of Liability
(a) TO THE EXTENT PERMITTED BY LAW, NIGGLE IT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SERVICES OF NIGGLE IT OR THE WEBSITE, INCLUDING, INTER ALIA, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
(b) YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (i) INTERRUPTION OF BUSINESS OR SERVICE; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (iii) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF USE OF OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (v) COMPUTER VIRUSES, MALWARE, SPYWARE, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE; (vi) REPAIR, REPLACEMENT OR MISSING DOCUMENTATION REQUIRED AS A RESULT OF YOUR USE OF THE WEBSITE; OR (vii) EVENTS BEYOND OUR REASONABLE CONTROL.
(c) FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
(d) ALL DETAILS, INCLUDING CREDIT CARD INFORMATION, SUBMITTED THROUGH THIS SITE PASS THROUGH OUR SECURE SERVER, WHICH OFFERS 128-BIT ENCRYPTION.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Website or Niggle It's services. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
8. Governing Law
You agree that Niggle It, in its sole discretion, may terminate and/or deactivate your account (or any part thereof) or ability to use of the Website, and remove and discard any data or information that you have provided should Niggle It reasonably determine that you have failed to pay your fees in a timely manner, that you have violated or acted inconsistently with these Terms and Conditions, or for any other breach of your Agreement with Niggle It. Provided that you have paid your fees to Niggle It, You may terminate your Agreement with Niggle It at any time. You acknowledge that any termination of your access to Website or your account by Niggle It under this agreement may be made without prior notice, and acknowledge and agree that Niggle It may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Any excess payments or credits shall be forfeit and remain with Niggle It upon the occurrence of any such termination.
As a subscriber, you have the ability to cancel your Niggle It subscription at any time. Your cancellation will take effect at the end of your current subscription period providing that you have notified us in writing by e-mailing to: [email protected] at least a minimum of five (5) working days prior to the subscription expiring. You will not receive a refund for subscription period that has already occurred, except in the specific instances described below.
To ensure that your credit card will not be charged for your next subscription period, you MUST cancel your subscription no later than five (5) working days before your next scheduled subscription period begins.
Until the end of the current paid subscription period, you will still have access to Niggle It. On the first day after the paid subscription period expires, Niggle It access will be terminated and the subscription will expire. You will no longer have access to your Niggles and you will no longer receive the benefits of subscriber discount offers and no further Niggle It subscription charges will appear on the credit card.
11. Billing and Payment
Should you fail to pay your subscription fee or any other amount due to Niggle It, or abandon your account, Niggle It shall have the right to terminate your account and delete all information provided to it by you.
12. Automatic Renewal
Payment for the appropriate Niggle It services will be made by automatic credit card debit. Subscribers will be automatically renewed for the original term upon expiration, unless Niggle It is notified by e-mailing to: [email protected] a minimum of five (5) working days prior to subscription expiration. As part of our service Niggle It will have provided you with a reminder about the subscription prior to renewal.
Unless and until this agreement is cancelled by e-mail, the subscriber hereby authorizes Niggle It to charge subscriber's credit card to pay for the renewal and ongoing subscription costs.
In the event that the credit card details we are holding are no longer valid and are rejected at renewal time we will request that you promptly provide us with your new details. As a part of our service we will remind you of an expiring card to allow you time to update the subscription with the new card details. We will keep your current Niggle It login and all associated data for a maximum period of 21 days following the expiration of your subscription. If you experience any difficulties with the renewal process please notify us by e-mailing to: [email protected] In the event that we do not have new credit card details or any communication from you 21 days following the expiration of your subscription we will terminate the service.
13. Upgrade Service
In the event that you subscribed to one or our services and wish to upgrade your service during the subscription period we offer an upgrade service. The two following examples further explain the offer.
If you have subscribed to Niggle It for a service and wish to upgrade your service to the next level, i.e. subscribed to Single and now require Household, Niggle It requires you to sign up for a minimum of one year of the new service and will credit the prorated amount remaining on the original service subscribed against the new subscription.
In the situation where a customer has subscribed for Single and wants to move to Household after say 6 months:
Originally paid 1 year Single $24.95
New service 1 year Household (A) $29.95
Credit for unused portion (B) ($12.50)
Transaction fee (C) $4.00
Amount to pay A-B+C $21.45
If you have subscribed to a service from Niggle It on a multi-year subscription and wish to upgrade your service to the next level, i.e. subscribed to Single and now require Household, Niggle It requires you to upgrade only for the remaining period originally contracted, i.e. 3 years originally subscribed, and Niggle It will credit the prorated amount remaining on the original service subscribed against the new subscription.
In the situation where a customer has subscribed for Single for three (3) years and wants to move to Household after say 1 year of a 3 year subscription:
Originally paid 3 year Single $59.95
Credit for unused portion (used 1 year) (B) ($39.95)
New service 2 year household (A) $54.95
Transaction fee (C) $4.00
Amount to pay A-B+C $19.00
We do not offer a downgrade service. That is a reduction in the duration or service subscribed too.
14. Website Availability
From time to time down-time (unavailability of the website), either scheduled or unscheduled, may occur. Niggle It will work within reason to ensure this amount of downtime is limited. Niggle It will not be held liable for the consequences of any downtime.
15. Data Security
Niggle It takes reasonable steps to protect the Personal Information Niggle It collects from you against accidental or intentional manipulation, loss, destruction, or against access by unauthorised persons. Niggle It is not responsible for harm that you or any person may suffer as a result of breach of a requirement under the Privacy Act to maintain the security of your Personal Information in respect of your use of the Website or any information you transmit to Niggle It via the Website. By using the Website, you acknowledge and accept this risk.
(a) Prices and other features on the Website are variable, and subject to change without notice. You agree to be bound by any such amendments and/or revisions.
(b) You warrant, acknowledge and agree that:
(ii) any and all information you supply to the Website and/or Niggle It shall be true, correct and that you shall maintain and promptly update all such data and information to keep it current, accurate, and complete;
(iii) you shall be responsible for choosing your password and maintaining its confidentiality;
(iv) you shall be responsible for all acts performed using your account and your password;
(v) you have legal capacity to enter this Agreement and will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations;
(vi) you will comply with these Terms and Conditions at all times; and
(vii) you are responsible for your use of the Website, entry and maintenance of all data entered and the consequences thereof.
(viii) the entry, uploading and quality of all images, documents and scans provided to the Website and/or Niggle It shall be entirely your responsibility;
(c) We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Any changes are effective immediately upon being made to the Website.
(d) Your continued use of the Website and/or our services constitutes your agreement to all such terms and conditions.
(e) We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
(f) Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
(g) Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole.
(h) We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
(i) In the event of any clause or any part of a clause of this Agreement being invalid, illegal, unlawful or otherwise incapable of enforcement in any territory or jurisdiction, that clause or part of a clause shall be deemed to be severed from this Agreement in that territory and jurisdiction and to be of no force and effect. All other clauses and parts of clauses shall nevertheless prevail and shall remain in full force and effect and no clause or part of a clause shall be construed to be dependent on any other clause or part of a clause unless stated in this Agreement.
(j) Notwithstanding anything else contained in this Agreement, Niggle It will not be liable for any delay in performing any of its obligations hereunder if such delay is caused by a Force Majeure Event. The performance of Niggle It's obligation will be suspended during the period that the said Force Majeure Event persists and Niggle It will be granted an extension of time for performance equal to the period of delay.
A "cookie" is a small text file placed on your computer by our web server. A cookie can later be retrieved by the Niggle It Webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer in any way.
Cookies are used by the Niggle It Webpage to enable the online retrieval request process. If you wish to make full use of the Niggle It Webpage, it is recommended that you accept cookies. Cookies may also be used to record non-personalised information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
If you have any queries about privacy, or if you wish to request access to any personal information that we hold about you please contact [email protected]
Prior to releasing this information, Niggle It may require a written request or proof of identity.
We respect your rights to review this information, and we will endeavour to provide information within a reasonable time, however, we are entitled to charge you a reasonable fee for access to this information.
If you have any questions regarding these Terms and Conditions, please contact us by e-mail at [email protected]
Copyright © 2009 NIGGLE IT All worldwide rights reserved.