THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE NIKKEN WELLNESS ALONG WITH OUR ASSOCIATE PARTNERS OFFER YOU SERVICES. BY CHECKING THE "I ACCEPT" CHECKBOX WHEN YOU SIGNUP, YOU ACCEPT THE TERMS AND CONDITIONS BELOW AND AGREE THAT THIS CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND NIKKEN WELLNESS & OUR ASSOCIATED PARTNERS INCLUDING INFOTRAX SYSTEMS NIKKEN WELLNESS, LC. If you do not wish to be bound by these terms and conditions, please do not visit or use the MYORDER OR MYBUSINESS VirtualOffice Sites. You, the subscriber, agree that you are a willing subscriber to the VirtualOffice services and agree that you will pay the fees associated with this service. These Terms of Service may be amended at any time by us from time to time in our sole discretion without specific notice to you. The latest Terms of Service will be posted on our site, and you should review them prior to using the site.
Entire Agreement
This agreement constitutes the entire agreement between Nikken Wellness and you (including the performances to be rendered) with respect to eNikken and the VirtualOffice and supersedes any previous agreements, representations or understandings. You acknowledge that you have not entered into this agreement on the basis of or in reliance upon any representation, promises, undertakings, warranties or other statements (and accordingly any conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law)
Description of Service
Nikken Wellness & our associated partners including Nikken Wellness operates this web site and associated web pages which for purposes of these Terms of Service will be referred to as VirtualOffice. Nikken Wellness access to VirtualOffice which provides you access to a collection of online services. Nikken Wellness Systems offers you access to the VirtualOffice site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by Nikken Wellness from time-to-time in its sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms of Service.
General Use of the MyBusiness site.
You promise that you will not use the VirtualOffice site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the VirtualOffice site. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the VirtualOffice site in any manner which could damage, disable, overburden, or impair the VirtualOffice site or interfere with any other party's use and enjoyment of the VirtualOffice site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the VirtualOffice site. Except with the written permission of Nikken Wellness, you agree that you will not access or attempt to access password protected, secure or non-public content of the VirtualOffice site. Unauthorized individuals attempting to access prohibited areas of the VirtualOffice site may be subject to prosecution.
Registration/Privacy Policy
In order for you to participate in the Service, Nikken Wellness will require that you provide specific information about yourself. If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being "Member Data"). Member Data and certain other information about you is subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process is used to send you information about Nikken Wellness and services. Sensitive information will never be divulged to others without your permission. Some of your personal information from this service may be displayed on the personalized public web pages that you receive from Nikken Wellness. You can modify all of your personal information by logging into the service and selecting Account Management or by contacting customer support.
Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your Member VirtualOffice site or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your Member VirtualOffice sites will remain private. For more information, Nikken Wellness urges you to review the Nikken Wellness Privacy Policy which is part of this Agreement.
Content Submitted to Nikken Wellness
The VirtualOffice site includes a number of venues that enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since Nikken Wellness firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, Nikken Wellness cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on the VirtualOffice sites.
Member Conduct
You, and not Nikken Wellness, are entirely responsible for all information, data, text, software, music, sound, photographs, messages or other materials ("Member Content") posted via the Service. Nikken Wellness does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. With respect to the content on your Member VirtualOffice sites you agree not to:
* post, broadcast, upload or otherwise transmit any content not related to appropriate subject matters;
* post, broadcast, upload or otherwise transmit any content which is misleading to others, including, but not limited to, consumers;
* post, broadcast, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* post, broadcast, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* post, broadcast, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
* post, broadcast, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* post, broadcast, upload or otherwise transmit any materials which imposes an unreasonable or disproportionately large load on our infrastructure;
* post, broadcast, upload or otherwise transmit any content that is harmful to minors;
* post, broadcast, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
* interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
* intentionally or unintentionally violate any applicable local, state, national or international law, any rules of national or other securities exchange;
* impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
* forge any headers or other manipulation or identifiers in order to disguise the origin of any content transmitted through the service;
* collect or store personal data about any other individual;
* promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
* attempt to access the accounts of others, or attempt to penetrate security measures of Nikken Wellness, Partner or other entities using the "Powered by iAct" trademark and other trademarks of Nikken Wellness, whether or not the intrusion results in corruption or loss of data; and/or
* resell or exploit for any commercial purpose Nikken Wellness's services by any and all means.
We believe in each person's right to express themselves, but sometimes the words you want to speak will be inappropriate for the community at large. From time to time, we may ask you to place some of your content behind password protection if we believe such content is inappropriate for the community at large (unless they violate these Terms of Service in which case they should not be on our system at all). If we ask you to place your content behind password protection and you fail to do so promptly, we at our sole option may choose to (a) place such content behind password protection ourselves, or (b) terminate these Terms of Service and your Nikken Wellness account. Furthermore, in cases where we have asked you to place content behind password protection or the content otherwise appropriately belongs behind password protection, you may not publish your password in such a way that negates the limited access nature of the password protected VirtualOffice site.
Spam and Advertising Policy
Nikken Wellness has a zero tolerance Spam policy. Any user who sends Spam emails using an Nikken Wellness trademark or web site a ddress or the trademarks or web site addresses of any of our partners may be immediately terminate from any or all online services p rovided by Nikken Wellness or one of our partners.
Any user who causes damage to our servers or loss of business or otherwise causes interruption from normal service due to violation of this policy will be held liable for those damages or loss of business.
The following constitute the definition of Spam or Spamming:
Sending any email or fax with an Nikken Wellness trademark or web site address or the trademarks or web site addresses of anyof ou r partners as an advertisement to anyone as part of an initial contact.
Sending any email or fax with an Nikken Wellness trademark or web site address or the trademarks or web site addresses of any of ou r partners to anyone that has not requested this information from you first.
Sending any email or fax with an Nikken Wellness trademark or web site address or the trademarks or web site addresses of any of ou r partners to any type of "Safe List" or through any type of "Safe List" service.
Sending any email or fax with an Nikken Wellness trademark or web site address or the trademarks or web site addresses of any of ou r partners as part of an email that is sent as a result of a posting to a classified ad site or guest book or Links site.
Third Party Content
For your convenience, the VirtualOffice sites contain content and information from InfoTrax System's partners and/or links to partner web sites ("Third Party Content"). Such content is not under the control of Nikken Wellness and Nikken Wellness is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Nikken Wellness is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by Nikken Wellness of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites.
Nikken Wellness is not and will not be responsible for (i) the terms and conditions of any transactions between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Nikken Wellness (and its affiliates, and consequential) of liability of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE VIRTUALOFFICE SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) NIKKEN WELLNESS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE, THE VIRTUALOFFICE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NIKKEN WELLNESS AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF NIKKEN WELLNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VIRTUALOFFICE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VIRTUALOFFICE SITE.
Proprietary Rights for MyBusiness Site
Nikken Wellness does not claim ownership of the content you place on any Member VirtualOffice site or within any service. By using your Member VirtualOffice sites, you grant Nikken Wellness a worldwide, royalty-free non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display your content on and through the VirtualOffice sites, and co-branded or mirrored versions of such sites, and in InfoTrax System's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
Some MyBusiness sites contain copyright material and all proprietary rights in that material remains the property of Nikken Wellness. Reproduction, redistribution and transmission of any information contained in this MyBusiness site is strictly prohibited save that MyBusiness subscribers may download and reproduce materials from MyBusiness for their own personal use.
Indemnification
You agree to indemnify and hold Nikken Wellness and its, suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of any information, including but not limited to member information, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member VirtualOffice site and/or Nikken Wellness and/or its affiliates.
Copyright
All materials on the VirtualOffice sites (as well as the organization and layout of the Nikken Wellness web site) are owned and copyrighted or licensed by Nikken Wellness, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the VirtualOffice sites is permitted without the written permission of Nikken Wellness,Although eNikken subscribers may download and reporoduce material from eNikken for their own personal us.e ny rights not expressly granted herein are reserved.
We respect the intellectual property rights of others and we ask our members to do the same.
Trademarks
Nikken Wellness, VirtualOffice sites, the VirtualOffice logo, the "Powered by VirtualOffice" logo, DataTrax 2, and other Nikken Wellness logos and product and service names are trademarks of Nikken Wellness & Info Trax Systems. Without Nikken Wellness.s prior permission, you agree not to display or use in any manner, the Nikken Wellness & Info Trax Systems Marks.
Modification
Nikken Wellness reserves the rights at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nikken Wellness shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination
Nikken Wellness and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to your Member VirtualOffice sites. You further agree that Nikken Wellness shall have the right to remove Elements from your member VirtualOffice sites, your VirtualOffice account, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason. You further agree that Nikken Wellness, in its sole discretion, may terminate your password, your member VirtualOffice sites, your VirtualOffice account or your use of the Service for any reason, including, without limitation, if you breach these Terms of Service, for lack of use, if we are unable to verify or authenticate any information you provided to us, or if Nikken Wellness believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also terminate your member VirtualOffice sites and/or VirtualOffice account if we decide, in our sole discretion, to discontinue offering our services.
General Information
Failure by Nikken Wellness & associated partners to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your member VirtualOffice sites, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Violations
Please report any violations of these Terms of Service to contactus@nikkenwellness.com.au
Rules of Etiquette
- We encourage you to promote your site in ways that facilitate learning, and growth in your organizations.
- It is inappropriate to speak offensively, use vulgarity, or reference hateful material as a Host or Attendee of a site within our community. (Note that there are certain types of content, specified in the Terms of Service, that are not permitted in your content at all.)
- Our service provides you with unfiltered access to other people's content. We cannot, nor do we try to, control all of the content available from our services. By its very nature, other people's content may be offensive, harmful or inaccurate, and in some cases content will be mislabeled or deceptively labeled. We expect that you will use caution - and common sense - when using our services.
- We encourage you to publicize your site, but sending spam or unsolicited e-mail to publicize your site is strictly prohibited. See the Spam Policy for futher information.
- MyBusiness is a collaborative web site service. If you decide to give another person editing rights for your content, you will be taking complete responsibility for that person's contributions to your content. Therefore, you should clarify in advance with such people your expectations and guidelines for behavior on your site. Of course, they will need to agree to and behave in accordance with the Terms of Service as well.
- If you accept editing privileges at content other than your own, you should adhere to the guidelines established by the keeper of that site. Collaboration will not succeed unless everyone works together!
If you see any violations of our Terms of Service, or if you have any problems or concerns, please email contactus@nikkenwellness.com.au.
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