Our Terms and Conditions of Use
1. Privacy
CueStart is firmly committed to the privacy of its members.
These Terms and Conditions should be read in conjunction with our
Privacy Policy.
2. Acceptance of Terms and Conditions
The CueStart start page service and the CueStart website (referred to hereafter as
"the Service") are owned and operated by Walshaw Internet
Services; ABN 43 549 443 349 (referred to hereafter as "CueStart"). A visitor to the Service
is hereafter referred to as "the Visitor". A Visitor who
signs up for Service membership is referred to hereafter as "the Member". A personalized
start page that is created by a Member is hereafter referred to as "the Start Page".
The Service is open for membership to all individuals, however CueStart reserves the right
to deny use of, or access to, the service to an individual without notice or explanation.
The Service membership is conditional upon acceptance and full compliance with the
terms, conditions, notices and disclaimers contained in this document and elsewhere
on this website (referred to hereafter as 'Terms and Conditions').
Submission of the membership sign up form constitutes the Member's acceptance of the
Terms and Conditions. Because the member is bound by these Terms and Conditions,
the Member should periodically refer to them here. CueStart reserves the right to
vary the specifications, fees, rules, procedures, and conditions of any element
of the Service at any time without notice. CueStart reserves the right to vary the
Terms and Conditions by providing 30 days notice on this website.
3. Conditions of Membership
CueStart reserves the right to terminate the membership of any individual who violates
the following conditions of membership:
- the Member must not send unsolicited email ('SPAM') to strangers to promote
CueSart;
- the Member must not join or use the Service on behalf of another party without
that party's explicit consent;
- the Member must not add content that is of an illegal or inappropriate nature
to their Start Page. Inappropriate content includes, but is not limited to:
child pornography, racism sites and material, hate sites and material;
- the Member must ensure that their profile details are accurate and up to
date;
- any other reason deemed inappropriate in the opinion of CueStart.
CueStart also reserves the right to terminate the membership of any Member
without cause or notification.
4. Member Communication
By signing up for membership, the Member consents to CueStart sending the Member
email notices concerning the Member's account and the Member's Start Page.
The Member also consents to receiving email notices from CueStart regarding changes
to the Terms and Conditions and Privacy Policy. The Member understands that
they can opt out of this email correspondence by terminating their membership.
By selecting the 'Yes' option next to 'Receive Newsletter' in the 'My Profile'
page of the account area, the Member voluntarily consents to receiving email
communication from CueStart containing news, notices, and upcoming events regarding
the Service. The Member understands that they can opt out of this email
correspondence by selecting the 'No' option next to 'Receive Newsletter' on their
profile page.
5. CueStart Facilities and Services
5.1 CueStart Membership
A Visitor can become a Member by signing up for a free account.
CueStart, while it has no intention of doing so, reserves the right to edit
the Member's recorded details if and where necessary.
The Visitor is permitted obtain multiple memberships with the Service providing
each membership is associated with a unique email address that the Visitor personally
checks on regular intervals.
5.2 Start Pages
Members have the ability to create a Start Page with the restriction of one
Start Page per Member account.
CueStart reserves the right to arbitrarily restrict the Member from adding
additional channels or content to their Start Page should CueStart feel the quantity
of content is excessive.
CueStart can request that the Member reduce the quantity of content on their Start Page.
CueStart also reserves the right to remove content from the Member's Start Page without
warning or notice.
CueStart is not responsible for the outcomes obtained by the Member making a
discretionary purchase through a merchant website listed on any shopping link or links
channel.
CueStart is not responsible for the content contained in RSS feeds, audio feeds and links
provided by third parties and displayed in the Member's Start Page. CueStart is not
responsible for the outcomes obtained by the Member visiting third party websites and services.
CueStart is not responsible for the outcomes obtained by the Member making use of
incorporated third party search features and games.
6. Developers
An individual or entity that creates an 'Add Content' link to enable their visitors
to add their content to the Service is hereafter referred to as "the Developer."
CueStart linking guidelines may change over time. While CueStart will try its best
to ensure backwards compatibility, this may not always be possible, so it is up to the
Developer to ensure that their links are still operational. Any updates to our linking
guidelines will be provided in the Developers section of
the Service.
CueStart reserves the right to blacklist the Developer from having their content added
by a Member to their Start Page. This blacklisting can occur without notice to the
Developer.
7. Advertising
An individual or entity that purchases advertising on the Service is hereafter
referred to as "the Advertiser". Any advertising purchase on the Service is hereafter
referred to as "the Purchase". The details, nature, lifetime of the Purchase is hereafter
referred to as the "Campaign."
7.1 Advertising Payments
CueStart reserves the right to request a copy of a proof of identification document,
for account verification and security purposes, before accepting an Advertiser purchase.
Where the Advertiser is unable to provide a copy of a proof of identification document,
CueStart may deny the purchase request and may at its discretion,
cancel the Advertiser's account.
While CueStart endeavors to keep the Service error free, if advertising funds are
credited to an Advertiser due to a human or computer error, CueStart reserves the right
to adjust or reverse such a transaction without notice.
7.2 Advertising Purchases
All Purchases are manually approved by CueStart prior to going active. CueStart
may approve and deny Purchases at its discretion. If payment has been made for a
Purchase that is not approved, the Advertiser is entitled to a full refund.
Once a Purchase has been approved and the first impression has been delivered,
the Advertiser is not entitled to a full nor a partial
refund if the Advertiser elects to cancel the Campaign prior to its completion.
CueStart is not responsible for the performance of any advertising Campaign. CueStart
makes no guarantees regarding the click through ratios or conversion ratios for any
Purchase.
8. Outage Policy
The Service may occasionally experience outages in which Members cannot access their
account area and/or their Start Pages. Outages can also affect Developer links as well
as the the display and recording of Campaign clicks and impressions.
CueStart reserves the right, but is under no obligation,
to provide discretionary compensation to Members, Developers and Advertisers as a result of
such outages.
9. Disclaimer of Warranty
The Member, the Visitor, the Developer and the Advertiser acknowledge that
they have not relied upon or been induced by any representation by the Service
and CueStart makes no warranty or representation as to:
- the results that may be obtained through membership of the Service;
- the accuracy, reliability or otherwise of any information obtained through
membership of the Service;
- the Service being uninterrupted, timely or error free;
- the goods and/or services purchased or obtained through the Service.
10. Limitation of Liability
The Member, the Visitor, the Developer and the Advertiser release CueStart
and its officers, employees, agents, subsidiaries and affiliates from any
claim for loss, damage or liability, including special indirect or
consequential loss or damage such as loss of revenue, unavailability of
systems or loss of data, in respect of:
- any CueStart emails forwarded to the member;
- membership of the Service;
- the use of or inability to use the Service.
11. Indemnification
The Member, the Visitor, the Developer and the Advertiser indemnify and keep
indemnified CueStart and its officers, employees, agents, subsidiaries and
affiliates against all claims (including third party claims), demands, damages,
costs (including legal costs), penalties or suits arising out of or consequential
upon their use of the Service.
12. Termination
These Terms and Conditions are effective until terminated by CueStart.
CueStart may terminate these Terms and Conditions at any time without notice.
13. Governing Law
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the State of New South Wales and of the Commonwealth of Australia.
The Member, the Visitor, the Developer and the Advertiser submit to the jurisdiction
of the courts of New South Wales and the Commonwealth of Australia.
Any questions?
If you have any questions regarding our Terms and Conditions or Privacy Policy,
feel free to contact us.
