myy app - terms of use

1. Introduction

Welcome to Pink Zebra. You should read these terms and conditions (“Ts&Cs”) carefully before you start using the website at URL www.myyapp.com.au (“Website”). These Ts&Cs, our Privacy Policy and any other rules or guidelines that are posted onto the Website from time to time (together, the “Terms”) are entered into between “you”, the user, and Pink Zebra Technology Science Pty Ltd ACN 624 622 733 (“Pink Zebra”, “we”, “us”, “our”).

These Ts & Cs are important - please read them carefully. The Terms are a legally binding contract between you and Pink Zebra and they govern your use of the Website.

If you do not agree with any of the Terms, do not use the Website and you must leave the Website immediately.

1. YOUR ACCEPTANCE OF THESE TERMS

1.1 Your acceptance of the Terms

These Terms are important - please read them carefully. If you do not agree with any of the Terms, do not use the Website and you must leave the Website immediately. Your use and continuing use of the Website is an acknowledgement that you have been given a reasonable opportunity to read the Terms; that you have in fact read the Terms; that you understand the Terms, and that you agree to abide by and be bound by the Terms.

1.2 When the Terms apply

These Terms apply to you if you access the Website including browsing the Website or otherwise using any part of the Website.

1.3 Changes to the Terms

We may, without notice, update or otherwise change the Terms periodically, and any such changes will be posted on the Website. Your continuing access or use of the Website constitutes your agreement to be bound by any such changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes.

1.4 Meaning of “Content”

In these Terms, “Content” means any information, data or content in any form or medium and includes text, graphics, photos and other materials from time to time.

1.5 Accuracy of the Content

While Pink Zebra always attempts to ensure accuracy of all Content published on the Website, you acknowledge and accept that the Content published on the Website may include technical inaccuracies and typographical errors. The Content on the website is subject to change at any time without notice. Further, the Content may not necessarily be up to date or accurate at the time of your viewing the Website. You understand and acknowledge that you may be exposed to Content that is inaccurate. Please ensure you enquire with us directly to guarantee the accuracy and currency of the Content, material or information on the Website, which you choose to rely upon. To the extent permitted by law, Pink Zebra disclaims all liability for loss directly or indirectly arising from your use of or reliance on the Website and the Content on it.

You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us, our related bodies corporate and officers employees and affiliates with respect to such Content, and, to the extent permitted by law, you agree to indemnify and hold harmless us, our related bodies corporate and officers, employees and affiliates to the fullest extent permitted by law regarding all matters related to your use of the Website and Content on it.

2. LICENCE TO USE WEBSITE

2.1 Our licence to you

We hereby grant you a non-exclusive, non-transferable licence to use the Website in accordance with the Terms.

2.2 Nature of the Website

You acknowledge and agree that: (a) we may, at any time in our sole discretion and without prior notice, alter, amend, interrupt, reschedule, modify or cease the operation of all or any part of the Website; and (b) the Website may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

3. YOUR RESPONSIBILITIES

3.1 What you must do

In accessing and/or using the Website, you must:

(a) comply with all applicable laws and you must not use the Website for any purpose that is unlawful or in breach of the Terms;

(b) not change, remove, deface, alter or modify any part of the Website;

(c) not attempt to "hack", interfere with decompile, disassemble or reverse engineer the Website, any material or Content on the Website or any software deployed in connection with the Website. This includes "phishing", “mining”, accessing "hidden" URLs, trying to guess users’ passwords, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to;

(d) not knowingly transmit any virus, corrupt files or any other software or function that may damage the operation of the Website or other disabling feature to the Website, or which is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of any part of the Website;

(e) not use or launch any automated system, including "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;

(f) not circumvent, disable or otherwise interfere with security-related features of the Website;

(g) not alter or remove any copyright statement or other notice of ownership of Intellectual Property Rights which accompany the Website.

3.2 Take your own precautions

You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system.

3.3 You are responsible for costs

You are responsible for all costs, fees and expenses incurred directly or indirectly from accessing the Website or otherwise using the Website. This may include internet connection and usage fees and mobile telephone connection and usage fees.

3.4 Third Party Sites

The Website may contain links to third party sites. We have not reviewed these websites and cannot vouch for the content on their pages. We are not responsible for the condition or content of those sites. You access those sites solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement, sponsorship or approval by us of the sites or the content of such sites.

4. INTELLECTUAL PROPERTY

4.1 Definition of Intellectual property

In these Ts&Cs, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations of the App, now or in the future in force and effect worldwide.

4.2 Intellectual property owned by us

You acknowledge that:

(a) the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including copyright; and

(b) we and/or third parties own all right, title and interest in and to the Website and software provided through or in conjunction with the Website, including without limitation all Intellectual Property Rights contained in the Website and such software.

4.3 Logos and Trademarks

All trademarks and logos that appear on the Website are prohibited from your use. Any conduct, which may prejudice the Intellectual Property Rights of the owner or licensee of such trademarks or logos, is also prohibited. We reserve all our rights to enforce our Intellectual Property Rights to the fullest extent of the law.

4.4 Your responsibilities regarding intellectual property

You agree that you will not, and will not allow any third party to:

(a) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Website;

(b) use the Website to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or

(c) remove, obscure, or alter our or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website. Any reproduction or redistribution of any part of the Website is prohibited and may result in civil and criminal penalties.

5. SUBMISSIONS

Any content you send to us or through the Website will be deemed to be non-confidential and non-proprietary. This includes, but is not limited to; data, questions, comments, suggestion, and ideas. You acknowledge and agree that we are entitled to use such information for any purpose without compensation to you.

6. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

6.1 No liability

To the full extent permitted by law, we, our related bodies corporate and officers, employees and agents expressly disclaim any and all liability in connection with:

(a) any events or activities that you attend that are listed or otherwise made known to you through the Website;

(b) personal injury or property damage, of any nature whatsoever;

(d) all Content and any other information contained in any part of the Website;

(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Websites;

(f) any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Website; and

(g) any direct, indirect, incidental or punitive damages, including loss of profits, goodwill or intangible losses, loss of data, interruption of business or damage (including consequential, special or incidental damage),

in each case, arising from access to or use of any part of the Website whether or not caused by any negligent act or omission or resulting from any delay in removing or failure to remove Content from the Website after receiving a request for removal even if we knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.

6.2 No representations or warranties

To the full extent permitted by law, we, our officers, employees and agents exclude all representations and warranties (in each case, whether express or implied) in respect of the completeness, accuracy, reliability, suitability or availability with respect to the Website, the Content, the content of any sites linked to any part of the Website, or the information contained on any part of the Website for any purpose. Any reliance you place on any such content or information is strictly at your own risk.

6.3 Indemnity

You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of or in any way connected to any:

(a) act or thing done by us in good faith and purportedly pursuant to a right granted to us under the Terms;

(b) breach by you of any provision of the Terms;

(d) your use of, access to or performance of the Website;

(e) any act or omission or information regarding any activity or event you attend as a result of using the Website; or

(f) your reliance on or use of any Content.

This indemnity survives the termination of the Terms.

6.4 Limitation of Liability

Where the law implies a warranty into these Terms that can not lawfully be excluded, our liability for breach of such a warranty will be limited at our option, to any one or more of the following:

(a) in the case of goods, to any one it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

6.5 No liability for consequential loss

Despite any provision in these Terms and to the maximum extent permitted by law, neither party will be liable to the other under these Terms in respect of or in relation to any indirect economic loss, loss of income or profit, loss or damages resulting from wasted management time, damage to goodwill or business reputation, loss of opportunity or any other special, indirect or consequential loss or damage. whether arising under statute, contract, negligence, in equity or otherwise.

7. GENERAL

7.1 Assignment

Neither party may assign, sublicense or otherwise deal in any other way with its rights or obligations under these Terms whether in whole or in part, without the prior written consent of the other party or as permitted under these Terms. Any unauthorised assignment, sublicense or other dealing shall be null and void.

7.2 No Waiver

If a party does not act in relation to a breach by the other party of the Terms, this does not waive the non-breaching party’s right to act with respect to that breach or subsequent or similar breaches.

7.3 Entire Agreement

These Terms and any other legal notices published by us on the Website from time to time shall constitute the entire agreement between you and us concerning the Website.

7.4 Disputes

Prior to resorting to any external dispute resolution process, you and Pink Zebra will use reasonable endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms.

7.5 Severability

If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise becomes illegal, in whole or in part, it is to be read down or severed to the extent necessary and the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

7.6 Governing Law

These Terms are governed by and shall be construed in accordance with the laws of New South Wales, Australia. Any dispute arising in respect of these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal therefrom.

Terms of Use End User Licence Agreement

1. Introduction