Terms & Conditions

1. General
   1. This Website, www.mycycle.com, ("Website") is operated and owned by Balmain Systems Pty Ltd (ABN 23 090 679 833).
   2. Use of the Website and its tools ("Member Services") is conditional upon you agreeing to the terms and conditions below.


2. Acceptance of terms and conditions
   1. By clicking on the "I Accept" button below, you acknowledge that you have read and agree to be bound by these terms and conditions as amended from time to time ("Terms and Conditions").
   2. Balmain Systems Pty Ltd may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and such modifications or amendments will be binding upon you once displayed on this Website. You agree to be bound by these Terms and Conditions as so amended and agree to review the Terms and Conditions prior to using this Website.


3. Becoming a MyCycle Member
   1. To use the Member Services you must be registered as a member and comply with these Terms and Conditions at all times.
   2. There is no membership fee.
   3. To register as a member you must be:
      1. over 18 years of age; and
      2. have the legal capacity to enter into a legally binding contract.
   4. If your membership application is accepted by Balmain Systems Pty Ltd, permitting you to use the Member Services, your membership will continue until terminated in accordance with these Terms and Conditions.


4. Termination of membership
   1. Balmain Systems Pty Ltd may, in its absolute discretion, and without notice or liability to you:
      1. refuse your application for membership;
      2. terminate your membership if:
         1. you breach these Terms and Conditions;
         2. you act in a way that, in the opinion of Balmain Systems Pty Ltd, is likely to be detrimental to the interests of Balmain Systems Pty Ltd or other Website users.
   2. If Balmain Systems Pty Ltd terminates your membership, Balmain Systems Pty Ltd may, in its absolute discretion cease to provide you with access to the Member Services.
   3. You may terminate your membership at any time by sending an e-mail to Balmain Systems Pty Ltd requesting termination to info@mycycle.com.


5. Warranties provided by you
   1. You warrant and acknowledge that:
      1. you are over the age of 18 years and that you have the legal capacity to enter into a legally binding contract;
      2. the information you provide on this Website is:
         1. correct, complete and current;
         2. not misleading or deceptive or likely to mislead or deceive; and
         3. free from any programming bugs or computer viruses, faults or errors;
      3. you will comply with all applicable laws in relation to any transactions entered into on this Website and you will not use this Website for any illegal or fraudulent purpose;
      4. you will not impede the use of this Website by any person;
      5. you will maintain secrecy and confidentiality of all username and password information required by you to access the Member Services and you will immediately notify Balmain Systems Pty Ltd if your password has been lost, stolen or compromised in any way; and
      6. you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password.


6. Disclaimer
   1. You acknowledge that:
      1. Balmain Systems Pty Ltd makes no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any:
         1. information;
         2. advice;
         3. calculations; or
         4. predictions,
         contained on or accessed through this Website or email from Balmain Systems Pty Ltd; ("the Information") or the Member Services;
      2. Balmain Systems Pty Ltd takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in this Website, the Information or the Member Services;
      3. you will not rely solely on the Information in determining whether to use the Member Services (and vice versa) or whether to purchase any products or any goods or services of a third party and you will make your own enquiries as to the suitability of the Information, the Member Services, the products and the goods or services provided by other third parties;
      4. Balmain Systems Pty Ltd may, without notice to you, and at any time, modify or discontinue the Information or Member Services or any other services offered on this Website;
      5. Balmain Systems Pty Ltd does not warrant or represent that:
         1. any message posted, uploaded or otherwise transmitted to or from this Website has not been altered in transmission;
         2. any message posted, uploaded or otherwise transmitted to or form this Website will be received by the intended recipient; or
         3. any information (including any file) downloaded or otherwise transmitted to you from this Website is free from viruses, faults or errors;
      6. whilst Balmain Systems Pty Ltd will try to ensure that this Website is accessible to users, it does not warrant that users or potential users will have continuous access to this Website. Balmain Systems Pty Ltd will not be liable in the event that this Website is unavailable to users or potential users due to:
         1. any events caused by Balmain Systems Pty Ltd, whether negligent or not; or
         2. any events beyond the control of Balmain Systems Pty Ltd, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.


7. Health Disclaimer
   1. Without limiting any other disclaimer on this website, the Information and Member Services are:
      1. provided for your personal use only;
      2. provided for informational purposes only and should not be relied upon for any medical diagnosis, treatment or advice;
      3. not substitutes for qualified advice from a medical or healthcare professional;
      4. not intended as a means for avoiding pregnancy or as a conception or fertility tool; and
      you acknowledge and agree that Balmain Systems Pty Ltd accepts no responsibility whatsoever for your reliance upon, or use of, the Information and Member Services.
   2. Balmain Systems Pty Ltd uses formulas to calculate information relating to your monthly menstrual cycle. The accuracy of these calculations will be dictated by the accuracy and consistency of the data that you have provided online. In any event, given that your menstrual cycle can vary for a number of different reasons, even if you accurately upload your data every month, you acknowledge and agree that any predictions made by Balmain Systems Pty Ltd in relation to your current or future cycles may not be accurate and are simply predictions.


8. Discussion Forum / Chat Room
   1. If Balmain Systems Pty Ltd permits you to post, upload or otherwise transmit any content in any discussion forum or chat room or on any publicly accessible area of this Website ("Communication Services") you must ensure that:
      1. you do not post, upload or transmit any content that is or could reasonably be considered to:
         1. contain any misrepresentations or be misleading or deceptive or be likely to mislead or deceive;
         2. be in breach of any person's intellectual property rights;
         3. be obscene, offensive, upsetting, defamatory, in anyway unsuitable for people under the age of 18 years or contrary to any law or regulation in any way whatsoever; or
         4. contain commercial advertising;
      2. you will not:
         1. use the Communication Services in connection with chain letters, spamming, junk e-mail, or any unsolicited messages;
         2. defame, harass, abuse, stalk, threaten or otherwise violate the legal rights of other persons;
         3. upload files that contain viruses, corrupted files, or other similar software or programs that may damage the operation of the Website or another person's computer or property;
         4. restrict or inhibit the use of the Communication Services by others;
   2. You acknowledge that Balmain Systems Pty Ltd does not vet, authorise or endorse any content posted, uploaded or transmitted on this Website by any person. However, although Balmain Systems Pty Ltd does not monitor every single posting, My Cycle has the right, without notice, to remove posting that breach or may breach these Terms and Conditions. In addition, Balmain Systems Pty Ltd may ban a user from further use of the Communication Services.


9. Copyright and Trade Marks
   1. Unless otherwise provided, all copyright in the material on this web site is owned by or licensed to Mycycle. Except as permitted by the Copyright Act 1968 (Cth), no part of this Website may be modified or reproduced by any process without the prior written permission of Balmain Systems Pty Ltd.
   2. All trade names, trade marks, service marks and other product and service names and logos ("Marks") displayed on this Website are proprietary to their respective owners and are protected by applicable trade mark laws. These Marks may be registered or unregistered marks of Balmain Systems Pty Ltd or others.
   3. Nothing contained on the Website should be construed as granting any licence or right of use of any other person or entity's trade mark which is displayed on this Website without their express permission.


10. Third Party content
    1. You acknowledge that the inclusion of links in this Website is not intended as an endorsement or recommendation of the linked site or the content of such sites, and Balmain Systems Pty Ltd accepts no liability for loss of any kind arising from the use of any linked site. Balmain Systems Pty Ltd is not responsible for any practices on linked sites.
    2. The products offered for sale or advertised are those of parties other than Balmain Systems Pty Ltd. The third party products are not provided or endorsed by us and your legal relationship is with the third party supplier.
    3. We have not checked the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party or third party supplier direct before entering into a transaction in relation to the third party products via this Website.


11. Limitation of Liability
    
    1. To the full extent permitted by law, Balmain Systems Pty Ltd, its directors, employees, agents, contractors and related bodies corporate, will be under no liability to any person in respect of any loss or damage (including consequential and special loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
       1. any use of this Website, the Information or the Member Services for whatever reason;
       2. any goods or services purchased or obtained from this Website; and
       3. any transaction entered into through this Website;
       whether or not such loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.
    2. If any law prohibits the exclusion of such liability, Balmain Systems Pty Ltd limits its liability to the extent permitted by the law and at its option:
       1. if the breach relates to goods supplied by Balmain Systems Pty Ltd:
          1. the replacement of the goods or the supply of equivalent goods; or
          2. the repair of such goods;
       2. if the breach relates to services supplied by Balmain Systems Pty Ltd, the supplying of the services again; or
       3. if the breach relates to the supply of Information to the re-supply of such information.


12. Governing Law
    These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in the State of Victoria.


13. Entire Agreement
    These Terms and Conditions set out the entire agreement and understanding between you and Balmain Systems Pty Ltd and supersedes all prior agreements, understandings, representations and warranties, whether express or implied.