App Terms
1. WEBSITE TERMS AND CONDITIONS
2. YOUR USE OF THE PRODUCT
In connection with Your use of the Product, we may provide You with access to various other content, documentation, materials, information,
goods or services. In these Terms, we refer to all of these items collectively as “the Items”.
These Terms will govern Your use of all pages of the Product, as well as Your use of the Items.
If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You
acknowledge that You understand the Terms and that You agree to be bound by the Terms.
If You do not
understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider
the Terms, then You must stop using the Product immediately.
3. YOUR AGREEMENT AND REPRESENTATIONS
a. By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to
review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do
not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only
agree to provide use of the Items to You if You agree to these Terms.
b. By continuing to use the Product
and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.
c. By
continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these
Terms.
4. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS
a. We may provide You with certain other Items in connection with Your use of the Product.
b. Subject to
these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of
the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and
revocable.
c. You may not use the Product, Content or Materials for any purpose other than in accordance
with the licence that is provided under this clause, and this licence to use the Product, Content and Materials
terminates upon Your cessation of use of the Items or upon termination of this Contract.
5. SALE OF GOODS/SERVICES
a. We may sell Goods or may allow third parties to sell Goods on the Product. If this occurs, then some specific
exclusions of liability will apply, as described in the “Exclusion of Liability” clause.
b. Please refer
to Our additional terms and conditions for sale of goods as applicable.
6. EXCLUSION OF LIABILITY
a. The Product, Content and Materials are provided for general information only and may change at any time without
prior notice.
b. You accept and acknowledge that the Items may contain mistakes, errors and
inaccuracies.
c Your use of the Product, Content and Materials is entirely at Your risk. It is Your responsibility to make sure
that any Goods, Services, Materials, Content or other information available through the Product suits Your
particular purpose.
d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness,
performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular
purpose of the Items.
e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations
or terms (whether express or implied) except for those expressly set out in these Terms.
f. To the
maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy,
completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a
particular purpose of the Items.
g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data,
interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption
to business.
h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost
or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your
use of the Items.
i. for Goods and/or Services sold by third parties via the Product or via Third Party
Links (hereinafter “Third Party Goods and Services”):
I. You acknowledge and agree that We have no control over those Third Party Goods and Services and that You
purchase such Third Party Goods and Services at Your own risk.
II. You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the
accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or
suitability for a particular purpose of Third Party Goods and Services.
III. For any claim You may have
against the third party provider of the Third Party Goods and Services (such as the manufacturer or vendor) You
agree to pursue that claim directly with that third party provider of the Third Party Goods and Services and not
with Us.
IV. To the maximum extent permitted by law, You hereby release Us from any claim related to
Third Party Goods and Services including any and all warranty and product liability claims.
7. DELIVERY
a. We may arrange delivery of Physical Goods by courier or by Australia Post. We process deliveries promptly upon
receipt of full payment.
b. Delivery of physical Goods within Australia may take: two (2) to fourteen
(14) business days
c. Delivery of physical Goods outside of Australia may take: thirty (30) to sixty (60)
business days
d. Any digital Goods are delivered immediately. You acknowledge and accept that there are
inherent risks with downloading any digital Goods. Please contact Us using the details at the end of these Terms if
You experience technical problems regarding delivery of digital Goods.
e. We take no responsibility for
Goods that are lost or damaged during delivery.
f. We may choose in Our sole discretion whether or not
to replace Goods which are lost or damaged during delivery.
g. Any disputes regarding physical Goods
which are lost or damaged during delivery should be directly taken up with the relevant courier company or with
Australia Post as applicable.
8. RETURNS/REFUNDS/REPAIRS
a. We handle returns, refunds and repairs in accordance with Our obligations under the Australian Consumer Law.
b. If You are seeking a return, refund or repair, You may contact Us using the details at the end of
these Terms. In order for your request to be handled promptly, please provide full details about Your valid reason
for return, refund or repair.
9. NO PROFESSIONAL ADVICE
You might use the Product or other Items to consult with Us directly in order to seek professional advice. Aside
from any information provided to You directly from Your professional adviser after a direct consultation between You
and Your professional adviser and after Your professional adviser has considered Your particular circumstances:
a. The information provided through the Product, Content, Materials or through the other Items is for information
purposes only. It does not address Your specific circumstances. It is not professional advice.
b. You
acknowledge and agree that any information provided on the Product, Content, Materials or through the other Items is
not professional advice.
c. You acknowledge and agree that Your use of the Product and Items is at Your
own risk. We do not assume responsibility or liability for any information provided through the Product or other
Items.
d. You acknowledge and agree that it is Your responsibility to evaluate all information that is
provided through the Product or other Items in consultation with Your own professional adviser or advisers as
appropriate.
e. You acknowledge and agree that Your use of the Product does not create a fiduciary
relationship between Us and You.
f. You acknowledge and agree that a fiduciary relationship may only be
created between You and Your professional adviser after You have a direct consultation with Your professional
adviser.
10. INDEMNITY
You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or
other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits,
demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis)
which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal
representation and may participate in Our own legal proceedings if We choose.
11. TERMINATION
a. We may immediately terminate these Terms at any time, with or without cause.
b. We specifically
reserve the right to terminate these Terms if You breach these Terms in any way.
c. These Terms
terminate automatically if we cease to operate the Product for any reason.
d. If You have registered for
an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
e. At the termination of these Terms, any provisions which would by their nature be expected to survive termination
shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the
“Exclusions of Liability” clause.
12. OTHER ACTION
a. We reserve the right to take any of the following actions in Our sole discretion:
I. Monitor, review, edit or delete any Content which You have added, uploaded or posted to the Product or through
the other Items, whether or not You have breached these Terms.
II. Record any correspondence that occurs
in public sections of the Product.
III. Review any allegations about breaches of these Terms, and
determine in Our sole discretion whether to take any action in response to those alleged breaches, including removal
of any Content in relation to those alleged breaches.
IV. Determine in Our sole discretion whether to
terminate Your or another Product user’s access to any particular section or sections of the Product or other
Items.
13. ACCEPTABLE USE
a. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this
clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our
general business.
b. You further agree not to use the Product or the Items:
I. to harass, abuse, or threaten any other person or to otherwise violate any other person’s legal rights;
II.
to violate any intellectual property rights of Us or of any third party;
III. to upload or otherwise
disseminate any computer viruses or other software that may damage the property of another;
IV. to commit
any kind of fraud;
V. to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
VI.
to publish or distribute any obscene or defamatory material;
VII. to publish or distribute any material
that incites violence, hatred or discrimination towards any person, group or community;
VIII. to
unlawfully gather information about others.
c. Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.
14. VARIATION OF TERMS
a. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole
discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have
confirmed and agreed to the new Terms as varied or amended.
b. You agree to routinely monitor these
Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or
variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these
Terms.
c. In the event that You fail to monitor any modifications to or variations of these Terms, You
agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied
Terms.
15. THIRD PARTY LINKS
a. You hereby acknowledge that We may from time to time include links or references to other websites, other
content or other materials (hereinafter “Third Party Links”), none of which are controlled by Us.
b. You hereby acknowledge that these Third Party Links are provided for Your information only and that We do not
make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability,
timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve
or support these Third Party Links. You use the Third Party Links at Your own risk.
16. AFFILIATE MARKETING AND ADVERTISING
a. Through the Product and other Items, We may engage in affiliate marketing whereby We receive a commission on or
a percentage of proceeds of sales of Third Party Goods and Services that occur through Our Product and other Items.
b. Through the Product and other Items, We may accept advertising and sponsorships from commercial
businesses whereby third parties pay us to advertise on the Product or through Our other Items, or we may receive
other forms of advertising compensation.
17. CHANGES TO PRODUCT
a. You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content,
Materials or the Product at any time.
b. You acknowledge, agree and accept that the Product may be
unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
c.
You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we
shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our
control or not.
18. INTELLECTUAL PROPERTY
a. The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is
not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content,
Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property
contained in the Items (hereinafter “Company IP”).
b. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the
Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
c. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
d. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including
electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators
(URLs) without express written permission from Us.
e. You hereby acknowledge and agree that by adding, posting or uploading any Content on the Product (hereinafter
“Your Content”), you grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free and transferrable
right and licence to use Your Content in any way We choose. This licence includes a right and licence to:
I. reproduce, copy, alter or make derivate works from Your Content in any way We choose; and
II.
display, communicate to the public, broadcast or transmit Your Content in any way We choose; and
III. authorise any other person, company or organisation to use Your Content in any way We choose.
f. You represent and warrant to Us that You have all necessary rights to grant the licences and to provide the
consents set out in this clause in relation to “Intellectual property”.
g. All of the provisions of this clause in relation to “Intellectual property” shall survive any termination of
these Terms.
19. USER REGISTRATION
a. You may be asked to register with Us in order to use or access the Items.
b. If You register with
Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user
name and a password (“Identifying Information”). This Identifying Information will allow You to access the Items.
c.
You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as
part of the registration process.
d. You agree that You will not share your Identifying Information with
any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us
immediately in writing.
e. You acknowledge that You are responsible for maintaining the safety and
security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying
Information.
f. You acknowledge that providing false or misleading information, or using the Items to
further fraud or unlawful activity is grounds for immediate termination of these Terms.
20. PRIVACY
a. Through Your use of the Product or other Items, You may provide Us with some of Your personal information. By
using the Product or Items, You authorise Us to use Your information in Australia and any other country where We
operate.
b. We take Our privacy obligations very seriously.
c. Please refer to Our privacy
policy for further information about what information We collect, how We use it and store it, and Your rights in
relation to it.