Terms of Service

Website Terms and Conditions of Use (To see terms for Social Infinity Subscription, please scroll or click here)
1. About the Website
1.1. Welcome to https://helixx.com.au (the ‘Website’). The Website provides access to subscription services, consultation services and social media management services (the ‘Services’).
1.2. The Website is operated by Helixx Media Management . Access to and use of the Website, or any of its associated Products or Services, is provided by Helixx Media Management. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Helixx Media Management reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Helixx Media Management updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Helixx Media Management in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you must first register for an account through the Website (the ‘Account’).
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) Email address (b) Telephone number (c) Facebook Username
3.3. You warrant that any information you give to Helixx Media Management in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Helixx Media Management; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Helixx Media Management of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Helixx Media Management providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Helixx Media Management;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Helixx Media Management for any illegal or unauthorised use of the Website; and (h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment

5.1. Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of: (a) PayPal (‘PayPal’)

5.2. All payments made in the course of your use of the Services are made using Paypal, BPay, Stripe and Credit Card. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal, BPay, Stripe and Credit Card terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Helixx Media Management can vary the Services Fee at any time .
6. Refund Policy Helixx Media Management will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Helixx Media Management makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Helixx Media Management are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Helixx Media Management or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Helixx Media Management, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to: Helixx Media Management does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Helixx Media Management. (a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device’s cache memory; and (c) print pages from the Website for your own personal and non-commercial use.
7.3. Helixx Media Management retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) a thing, system or process that is the subject of a patent, registered design to you. or copyright (or an adaptation or modification of such a thing, system or process),
7.4. You may not, without the prior written permission of Helixx Media Management and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
8.1. Helixx Media Management takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Helixx Media Management’s Privacy Policy, which is available on the Website.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) Helixx Media Management will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Helixx Media Management make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Helixx Media Management) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of the products of Helixx Media Management; and (d) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
10.1. Helixx Media Management’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Helixx Media Management, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Helixx Media Management as set out below.
11.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Helixx Media Management via the ‘Contact Us’ link on our homepage or to our email. (a) providing Helixx Media Management with 14 days’ notice of your intention to terminate; and (b) closing your accounts for all of the services which you use, where Helixx Media Management has made this option available to you.
11.3. Helixx Media Management may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Helixx Media Management is required to do so by law; (c) the provision of the Services to you by Helixx Media Management is, in the opinion of Helixx Media Management, no longer commercially viable.
11.4. Subject to local applicable laws, Helixx Media Management reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Helixx Media Management’s name or reputation or violates the rights of those of another party.
12. Indemnity
12.1. You agree to indemnify Helixx Media Management, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
13. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.15. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
TERMS AND CONDITIONS OF USE for Social Infinity Subscription
1. About the Group
1.1. Welcome to Social Infinity by Helixx Media Management (the ‘Group’). The subscription (the ‘Services’).
1.2. The Application is operated by Sabin Tudosa (ABN 50530577686). Access to and use of the group, or any of its associated Products or Services, is provided by Facebook. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the group, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the group, or any of its Services, immediately.

1.3. Helixx Media Management reserves the right to review and change any of the Terms by updating this document at its sole discretion. When Helixx Media Management updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms You accept the Terms by using or browsing the group. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Facebook in the user interface.

3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through Paypal (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will be billed monthly until the Subscription is terminated.
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name
(c) Facebook username
3.5. You warrant that any information you give to Helixx Media Management in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Social Infinity group (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Facebook; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password or account by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Facebook of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the group is limited, non-transferable and allows for the sole use of the group by you for the purposes of Helixx Media Management providing the Services;
(e) you will not use the Services or the group in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Helixx Media Management;
(f) you will not use the Services or group for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the group;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the group without notice and may result in termination of the Services. Appropriate legal action will be taken by Helixx Media Management or other legal bodies for any illegal or unauthorised use of the group; and
(h) you acknowledge and agree that any automated use of the group or its Services is prohibited.

5. Payment
5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of: (a) Credit Card Payment (‘Credit Card’) (b) PayPal (‘PayPal’)
5.2. All payments made in the course of your use of the Services are made using Paypal. In using the group, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee and your subscription may be terminated.
5.4. You agree and acknowledge that Helixx Media Management can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

6. Refund Policy
Helixx Media Management will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Helixx Media Management makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).

7. Copyright and Intellectual Property
7.1. The group, the Services and all of the related products of Helixx Media Management are subject to copyright. The material on the group is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the group (including but not limited to text, graphics, logos, button icons, video images, audio clips, group, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Helixx Media Management or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Helixx Media Management, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the group pursuant to the Terms;
(b) copy and store the group and the material contained in the group in your device’s cache memory; and Helixx Media Management does not grant you any other rights whatsoever in relation to the group or the Services. All other rights are expressly reserved by Helixx Media Management
(c) print pages from the group for your own personal and noncommercial use.
7.3. Helixx Media Management retains all rights, title and interest in and to the group and all related Services. Nothing you do on or in relation to the group will transfer any: to you.
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.4. You may not, without the prior written permission of Helixx Media Management and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the group, which are freely available for re-use or are in the public domain.

8. Privacy
Helixx Media Management takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Helixx Media Management’s Privacy Policy, which is available on the group files and notes.

9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Helixx Media Management will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the group and the Services is at your own risk. Everything on the group and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Helixx Media Management make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Helixx Media Management) referred to on the group. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the group, the Services, or any of its Services related products (including third party material and advertisements on the group);
(c) costs incurred as a result of you using the group, the Services or any of the products of Helixx Media Management; and
(d) the Services or operation in respect to links which are provided for your convenience. 10. Competitors If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Helixx Media Management Competitors are not permitted to use or access any information or content on our group. If you breach this provision, Helixx Media Management will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

11. Limitation of liability
11.1. Helixx Media Management’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2. You expressly understand and agree that Helixx Media Management, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Helixx Media Management as set out below.
12.2. If you want to terminate the Terms, you may do so by:
12.3. Helixx Media Management may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Helixx Media Management is required to do so by law;
(c) the provision of the Services to you by Helixx Media Management is, in the opinion of Helixx Media Management, no longer commercially viable.
12.4. Subject to local applicable laws, Helixx Media Management reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the group or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Helixx Media Management’s name or reputation or violates the rights of those of another party.

13. Indemnity
13.1. You agree to indemnify Helixx Media Management, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) any breach of the Terms.

14. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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