PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Membership Service Agreement (this “Agreement”) is entered into by and between dream-true.com, (Luxur Group PTY LTD), an Australia limited liability company (“Dream True”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Dream True’s Membership services (“Membership” or the “Services”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Dream True’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Membership landing page of the Dream True website or the Membership website (individually and collectively, this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to Dream True. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) Dream True, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Dream True may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. Dream True assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. Description of services
Dream True Membership is a website membership/e-commerce service with the built-in payment system that allows you build a membership management and e-commerce system on your website. With it, you can create membership plans with flexible settings on the website including (i)unlimited plan number; (ii)customized recurrence length for each plan; (iii)different price packages; (iv)different currencies, etc. Through the API based payment system, you can setup your preferred payment gateway to charge your customers online or offline. The system also offers a series of tools that can help you keep track of your business and do marketing, such as Sales Statistics, Sales data export, and Integration with Mautic and Acymailing. The Services may include access to ticket support, which will be provided 8:00 am to 5:00 pm GMT+10, Monday through Friday, excluding holidays.
3. Limitations on services; security
Online payment through the specific gateway Virus Scans. Centrora Virus Scanner attempts to identify, report, and offer suggested courses of action for fixing malicious files on your website. While the scanning report may contain detailed courses of action if malicious codes are detected on your website, Centrora Virus Scanner may not find the root vulnerabilities and/or security threats of the website at the first time. Centrora Security team will try to cooperate with you to find the solution to remedy the security vulnerability to improve the website security. However, you are ultimately responsible for securing and protecting your website.
Security. Dream True reminds you that your account information is only as secure as you keep it. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your account password. Dream True expressly disclaims any liability or responsibility for any loss or damage arising from or related to unauthorized use of or access to your account information. Further, if your account is provided to Dream True team, Dream True team will always encourage you to change the password after we have helped you remedy the website.
4. Storage; data retention
Dream True Membership is not an archival service. You are solely responsible for maintaining independent back-up copies of your customer information. Dream True expressly disclaims any liability or responsibility for any loss, damage or destruction of your customer scorecard information or any other content.
5. Account Termination
Dream True reserves the right to freeze or terminate your access to Dream True Panel, or take any other measures deemed to be appropriate (as determined by Dream True in its sole and absolute discretion), at any time and without prior notice, to enforce this Agreement or to ensure the stability of its network.
6. Disclaimer of representations and warranties; limitation of liability
In addition to the “Disclaimer of Representations and Warranties” and “Limitation of Liability” sections contained in the Universal Terms of Service Agreement, which is incorporated herein, you specifically acknowledge and agree that (i) Dream True does not and is not intended to detect all website vulnerabilities and/or security threats, (ii) Centrora Security does not represent or warrant that any of its suggested courses of action for fixing website vulnerabilities and/or security threats will do the same. Centrora Security, ITS OFFICERS, DIRECTORS, EMPLOYEES, and AGENTS expressly disclaim any liability or responsibility to you or any other person or entity for any loss or damage arising from or related to (i), (ii), and (iii) above, including ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.
7. Unpaid Services & paid services
The Services covered by this Agreement include both services that Dream True Membership makes available free of charge (“Unpaid Services”) and services that Dream True Membership makes available for a fee (“Paid Services”). You acknowledge and agree that Unpaid Services may have fewer features and more limited functionality than Paid Services described in Section 2. For example, the free malware scanner offered with various products includes a limited one page malware scanner.
In the event that you purchase Paid Services (or upgrade from Unpaid Services to Paid Services), you agree to pay any fees required for such Paid Services in accordance with your applicable Services plan and the Universal Terms of Service Agreement.
8. Trial Services
From time to time, Dream True may offer free trials of Paid Services (“Trial Services”) to customers for the purpose of letting customers experience Paid Services before committing to paying a fee. You agree that you shall not (i) open more than one Trial Services account at the same time or (ii) open a new Trial Services account upon the expiration or termination of your original Trial Services account. Dream True reserves the right to discontinue the offering of Trial Services at any time and without notice.
One type of Trial Services account requires payment information at the time of sign-up. This type of Trial Services account automatically converts to a Paid Services account at the end of the trial period (“Trial Period”). If you do not close your Trial Services account by the end of the Trial Period, monthly charges will apply.
Another type of Trial Services account requires no payment information at the time of sign-up. However, unless you convert your Trial Services account to a Paid Services account after the end of the Trial Period, Dream True reserves the right to discontinue your Trial Services account at such time and delete all your customer scorecard information and account information without notice. Dream True expressly disclaims any liability or responsibility for any loss or damage arising from or related to its deletion of your customer scorecard information and account information.
In the event that you purchase Paid Services (or upgrade from Trial Services to Paid Services), you agree to pay any fees required for such Paid Services in accordance with your applicable Services plan and the Universal Terms of Service Agreement.
9. Beta Services
From time to time, Dream True may offer new Services (or new features to existing Services) in a pre-release version. New Services that are offered in a pre-release version shall be known as “Beta Versions”. New features to existing Services that are offered in a pre-release version shall be known as “Beta Features”. Beta Versions and Beta Features shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:
You acknowledge and agree that the Beta Services are pre-release versions and may not work properly.
You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures.
You should not use the Beta Services in production or mission critical environments.
Dream True reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time.
Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases.
Dream True may limit availability of customer service support time dedicated to support of the Beta Services.
You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Dream True.
You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback Dream True.
The Beta Services are provided “as is”, “as available”, and “with all faults”.
To the fullest extent permitted by law, Dream Truedisclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
10. Titles and headings; Independent covenants; Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
11. Definitions; Conflicts
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.