Terms & Conditions
1. General
(a) These terms and conditions (Terms) govern your use of the Milieu Labs software application for use with compatible smartphone and tablet devices (the App), your use of www.milieulabs.com.au (Website), our product, and the provision of any associated Products (Products) from Tronac Pty. Ltd. (ACN 155 469 015) trading as Milieu Labs or its Related Entities (as defined in the Corporations Act 2001 (Cth)) (us/we).
(b) By using the App and/or the Website and/or the Products you agree to be bound by the Terms. Any disregard by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the App, the Website or the Products. The Terms constitute the entirety of the terms and conditions of use with respect to the App, the Website and the Products unless otherwise expressly allowed for in writing by us.
(c) We reserve the right to vary any of the Terms, or any other policy or guideline regarding the App, the Website or the Products, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the App or the Website. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the App, the Website and the Products periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the App, the Website and/or the Products constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the App, the Website or the Products.
(d) In the event of any inconsistency between these Terms and any other document which you receive from us, you agree that these Terms will prevail to the extent of such inconsistency.
(e) Notwithstanding clause 1(d), you agree that your entitlement to use the App is conditional on these Terms as well as the terms of any platform on which the App is hosted (including but not limited to the Apple App Store and the Google Play Store), and that, in this regard, breach of the terms of such platform constitute a breach of these Terms, irrespective of whether such breach is consistent with, or contemplated by, these Terms.
2. You
By using the App, the Website and/or the Products, you, at all times:
(a) warrant that your use of the App, the Website and/or the Products does not violate any applicable laws and/or any other requirements;
(b) confirm that you have elected to use the App, the Website and/or the Products of your own free will;
(c) will use the App and/or the Website, in a respectful, inoffensive and courteous manner;
(d) will use the App, and/or the Website, and/or the Products at your own risk;
(e) warrant that your use of the App and/or the Website and/or the Products are for your own purposes;
(f) acknowledge that your use of the App, the Website and/or the Products may give access to, and interaction with, third parties and their content, messages, images, or other materials.
(g) you agree and acknowledge that we, in order to power and maintain the App or Website or service the Products, may use third party suppliers, and you agree that we are not responsible for, and release us from any liability regarding the third party supplier’s maintenance and background use of the App or Website or Product;
(h) agree and acknowledge that we are not in any way responsible for, and cannot be held liable for your use of the Product, App or Website that are provided to you, and you agree to release us from any liability in this regard;
(i) agree and acknowledge that your use of the App, the Website and/or the Products may result in data usage charges from your mobile or internet provider;
(j) using the App or Website in accordance with these Terms will allow you to have access to, purchase, and receive the Products. The App will also allow you to share your Social Media when using the App,
(k) agree and acknowledge that we will obtain information from your smartphone, tablet device or other associated cloud service, to connect you with, or provide information with respect to our Products. Furthermore, you agree and acknowledge that we may from time to time, disclose your contact details to or our other third party suppliers in connection with the Product or App and/or Website.
(l) agree to provide accurate, current and complete information about yourself as prompted by any registration forms on the App or Website, including the requirement to provide and enter your email address, mobile phone number to receive SMS verifications to receive notices from us, as outlined in clause 25 below and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;
(m) agree and acknowledge that registration to use our App through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter”, “Pinterest” and/or “Instagram” (Social Media) will allow us to have access to your Social Media content, including the connections you may have with other people on Social Media, subject to any content that is private and/or limited to that specific Social Media application;
(n) acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and that our right to disclose any such information shall be governed by our privacy policy (Privacy Policy).
3. Users
(a) In order to use the App and/or the Website you might be required to l create an individual account on the App or Website, which must comply with the account establishment protocols which are in use from time to time, including but not limited to providing and confirming your mobile number (User Profile).
(b) In the event that a User Profile is created under the name of a corporate entity, the authorised agent of such corporate entity listed in the account hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.
(c) Your User Profile is not transferrable to any other entity or person. You are the sole owner of your User Profile and only you can retain, access and use your User Profile. Your User Profile is your full responsibility and you must keep your User Profile in good, proper and fit-for-use condition.
(d) You agree to maintain the security of your password and to keep your User Profile details correct and updated.
4. Customers
In addition to clause 2 above, if you purchase our Products, you, at all times:
(a) agree and acknowledge that in order to integrate the Products with the App and your home, we will obtain information from your smartphone and/or tablet device, and we collate this information to provide and Products and recommended Products to you. You acknowledge that any recommendations that we make are suggestions only and we make no warranty of any kind in relation to these suggestions and/or the Products. You release us from all liability and agree to indemnify us in this respect to the extent permitted by law;
(b) we are entitled to, at our sole discretion, continue or discontinue making certain Products, and we are entitled to, at our sole discretion, to determine which Products we may offer on our App. For a full list of the Products please refer to the Website and/or the App. We note that this list is subject to change and it is your responsibility to ensure that you keep yourself updated in this regard by visiting and reviewing the list on the Website and/or the App;
(c) agree and acknowledge that you are solely responsible for installing our Products. We are not responsible or liable for installing our Products at your home, or for any loss or damages caused to your Products or your real property as a result of installing our Products. You agree to release us from liability arising from the installation of our Products and agree to indemnity us for any claims made against us for any loss or damage caused by the installation of our Products;
5. The App
(a) Using the App in accordance with these Terms will allow you to have access to the Products.
(b) You must download the App from the appropriate application store on your smartphone or tablet device, and you will be required to update the App from time to time, in order to ensure that you have a current and working version.
(c) The App may access information regarding your location when the App is in use by various means, including but not limited to third party application programming interfaces (APIs) and the App may access information regarding your previous activity and location on the App. The App may use the information regarding your location to offer location relevant information to you, including but not limited to which Products are available and who may provide them to you. This location is stored in your User Profile (if any), and you may, at your discretion choose to provide different locations at any time.
(d) The App may send you push notifications, which are notification alerts that arise on your smartphone or tablet device (Push Notifications) or in App notifications. The Push Notifications provide alerts including but not limited to, updates on the date and time that you are receiving or providing the Products, what marketing proposals we provide you with, advertisements and/or information, what rewards you may be eligible for, and any other notifications which we deem appropriate in our sole discretion, for your use. You may choose to disable the Push Notification function in the settings of your smartphone or tablet device, however, we take no responsibility for, and you release us from any liability in regards to, your failure to receive notifications from us, as a result of your actions in disabling the Push Notifications.
6. Sale and Purchase
(a) You may purchase Products through our Website, the App or directly from retailers that we partner with in-store and/or online. In order to purchase the Products from the Website or the App:
(i) you agree to pay us the prices allocated to those Products, by using the checkout process on the App or Website. All prices on the App or Website are priced according to the relevant jurisdiction’s currency and, unless otherwise stated, include GST. We reserve the right to vary the prices displayed of the Products at any time, in our absolute discretion, without notice to you. Any such changes to the prices of the Products will be visible and displayed on the App or Website; and
(ii) we may accept payment via PayPal, credit cards and/or debit cards, including Visa and Mastercard. When making credit card or debit card payments using the App or Website, we use Stripe to ensure that your information is kept safe and secure. We may from time to time change Stripe, in our absolute discretion, and without notice to you.
(b) The information on the App or Website constitutes an invitation to treat, and your offer to purchase the Products will not be accepted by us until your payment for the Products has been successfully processed, we have received your payment in cleared funds, and you have received a receipt from us that includes the transaction number, and confirmation from us, which will confirm the Products that you have nominated to purchase (Order).
(c) We reserve the right to refuse to complete your Order and/or cancel your Order at any time, in our absolute discretion, and where we determine to do so, we will contact you using the contact details that you have provided in your User Profile.
(d) We may, in our absolute discretion, limit the amount of Orders you make and/or refuse to sell the Products to you, if we determine that your User Profile is fraudulent, or that you are using your User Profile to purchase Products for the purpose of resale and/or redistribution.
(e) You agree and acknowledge that We do not provide any installation services, in respect of the Products, and that you are solely responsible for the installation of the Products. You agree that you assume all risk, and that we are not liable to any extent, for any loss you suffer as a consequence of using any third party services or products, in respect of the Products.
7. Shipping & Delivery
(a) You acknowledge and agree that we use third parties to deliver/supply your Product to you.
(b) Your Order will be delivered to the address that you provide to us in or upon checkout, and you agree that title of, and risk relating to, your Product passes from us to you as soon as the payment for your Order is received by us, in cleared funds. You must ensure that the nominated postal address that you have provided in your User Profile is correct. You release us from any liability arising out of any failure to deliver your Product to you, as a result of your incorrect insertion of a postal address in your User Profile.
(c) Our delivery agent will advise you of a delivery date for your Product. In the event that you do not receive your Product within this time, you must promptly notify the delivery agent via email, at which point the delivery agent may assist you to locate your Order. We will not be liable for any costs, damages or losses caused by or related to the postage of your Order, or the timing of the delivery of your Order.
(d) If you do not receive the Product from the delivery agent after contacting the delivery agent in accordance with clause 7(c), you must promptly notify us by sending us an email at [email protected], by including your name, contact details and receipt number, at which point we may assist you with your Order. We will not be liable for any costs, damages or losses causes by or related to the failure of the delivery agent in the delivery of your Product.
(e) Your Order will be confirmed by electronic communication, using the details which you have provided to us, as soon as is practicable after purchase. You must ensure that the delivery details which you provide us are correct. You release us from any liability arising out of our failure to deliver the Products to you, as a result of the provision, by you, of incorrect delivery details.
(f) In the event that you do not receive confirmation of the Order by electronic communication or the App within twenty-four (24) hours of your election to receive the Products, you must promptly notify us by sending us an email at [email protected], by including your name, contact details and your confirmation number, at which point we may assist you, in our absolute discretion. We will not be liable for any costs, damages or losses caused by or related to the provision of the Products, or the timing of the delivery of the Products.
8. Cancellation, Returns and Refunds
(a) We reserve the right to cancel your Order at any time prior to delivery of the Products, in which event, we will provide you with a credit note or refund, if applicable, equal to the amount paid for those Products, within a reasonable time.
(b) Notwithstanding the remainder of these Terms, you may not return Products if:
(i) you change your mind; or
(ii) the Products are not suitable for return.
(c) You may cancel your Order in whole or in part if you are entitled under our warranty (Warranty) or Australian consumer law to a return the Product due to some fault or mistake, in which case:
(i) you will need to contact us within fourteen (14) days of receiving the Product. You can contact us via the email address that is listed on the Website or App; and
(ii) you must, within fourteen (14) days of receiving the Product, return the Product to us, in an unopened and unused condition that you received the Product in (in the case of a mistake) and in an undamaged condition with original packaging (in the case of fault) and you must provide us with a receipt or proof of purchase which matches the receipt number and/or proof of purchase details in your User Profile;
(iii) we will provide you with an exchange or credit note equal to the value of the Product purchased. If you would prefer a refund, you must immediately notify us by sending us an email [email protected]; and
(iv) in the event that you return Products to us outside of our jurisdiction, you agree to pay any customs and duty taxes as may be required by local and international authorities, when returning the Product to us, and you release us from any liability in this regard.
(d) A copy of the Warranty is supplied with each Product.
(e) We do not provide refunds for discounted Products unless you are eligible for a refund under our Warranty or under Australian consumer law.
(f) We will not be liable for any costs that you incur, such as postage costs unless you are eligible a refund under our Warranty or under Australian consumer law.
(g) We may cancel any part of your Order without notice to you, if we determine that you are misusing the App or Website in contravention of these Terms, including but not limited to, acting fraudulently, failing to have the required amount of funds available for payment of the Order, and/or failing to rectify a breach, as advised by us, after receiving the notice of the breach,.
(h) In the event that we are entitled to a cancel an Order in whole or in part, due to some fault or mistake in relation to the Products, we will endeavour to contact you. We can contact you via the email address or the mobile number that you provided in your User Profile.
9. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users.
A copy of the Privacy Policy can be accessed here, and is also available on the Website and App.
10. Representations
You agree and acknowledge that:
(a) no representations have been made to you as to the fitness or suitability of the Products for any purpose; and
(b) you have not made any representations to us regarding the purpose for which you intend to use the Products.
11. Your Content
Your use of the App and/or the Website and/or any other digital platforms associated with the App and/or the Website or us, may enable you to create, view, edit, post, transmit and/or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, Social Media and/or other materials (collectively, Your Content). You retain ownership rights in Your Content, unless we indicate otherwise, in our absolute discretion. You hereby:
(a) grant us and our Related Entities (as defined in the Corporations Act 2001 (Cth)) a non-exclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sublicensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of Your Content in any media, now known or hereafter devised;
(b) acknowledge that we have the absolute discretion to delete, edit, modify or reject Your Content at any time;
(c) acknowledge that we have no obligation to maintain any confidentiality in relation to Your Content, to offer you any payment in any form in relation to Your Content, or to attribute any authorship to you in relation to Your Content;
(d) grant us and our Related Entities (as defined above) and sublicensees the right to use the name that you submit in connection with Your Content, if we so elect in our absolute discretion;
(e) represent and warrant that:
(i) you own and control all of the rights to Your Content that you have the lawful right to post or otherwise distribute to or through the App and/or the Website;
(ii) Your Content is accurate and not misleading; and
(iii) your use and/or transmission of Your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity,
(f) grant us the right to pursue at law any person or entity that violates your or our rights in Your Content by a breach of these Terms;
(g) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content;
(h) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights;
(i) agree that we may use Your Content, in whole or in part, for our own commercial purposes;
(j) acknowledge that certain third party suppliers may access encrypted and anonymous information associated with you, as a consequence of your use of the App and/or the Website, for the purposes of setting up your User Profile, including but not limited to your mobile phone number, mobile application data, non-precise location information and other non-precise information; and
(k) acknowledge that the third party suppliers may allow you to opt out of providing the information referred to in clause 11(j), subject to the third party supplier’s own terms and conditions, and you release us from any liability regarding the third party supplier’s use and access to the information referred to in clause 11(j).
12. Restrictions
When accessing or using the App and//or Website, you must not, at any time:
(a) use the App and/or the Website for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
(b) use the App and/or the Website and/or Social Media in any way that could damage our reputation or the goodwill or other rights associated with the Website or Our Content (as defined above);
(c) use or attempt to use another user’s account in any circumstances;
(d) harass, abuse, intimidate, bully, or otherwise offend any other user of the Website or App or our Social Media;
(e) violate any legislative, common law or equitable rights of any third parties;
(f) send any of Your Content which:
(i) contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;
(ii) impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;
(iii) encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the Australian Stock Exchange or the NASDAQ;
(iv) is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(v) contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
(vi) contains viruses, corrupted data or other harmful, disruptive or destructive files; or
(vii) in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Website or the App or our Social Media, or which may expose us or our Related Entities or its users to any harm or liability of any type.
13. Us
(a) You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
(i) modify, discontinue, temporarily or permanently, your access to the App and/or the Website in whole or in part;
(ii) assign our interests outlined in these Terms;
(iii) run advertisements and promotions on the App and/or the Website, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these advertisements or promotions; and/or
(iv) freeze or terminate your access to the App and/or the Website without prior notice to you.
(b) You agree and acknowledge that the effect of the actions in clause 13(a) might be that the functionality of the Products is substantially reduced or removed, and/or that additional payments, by you, might be required for certain or all functionality.
14. Our Content
(a) Except as otherwise expressly indicated by us in writing, the App and/or the Website our Social Media and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the App and/or the Website and/or our Social Media, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The App, the Website and all of Our Content is copyrighted – (c) 2021 Tronac Pty. Ltd. trading as Milieu Labs All Rights Reserved.
(b) We own all intellectual property rights in relation to the App, the Website and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, Products, brands and Products, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
15. Limited Licence
(a) We hereby grant you a non-exclusive, limited, non-sublicensable licence to access the App, the Website and Our Content (the Limited Licence), strictly in accordance with these Terms. This Limited Licence is revocable at any time by us in our sole discretion. In using this Limited Licence, you must not:
(i) use Our Content other than for its intended purpose;
(ii) distribute or display Our Content without our prior permission;
(iii) modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
(iv) use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
(v) use Our Content for any commercial use; or
(vi) copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the App and/or the Website, including all page headers, custom graphics, button icons and scripts.
(b) To request permission for use of Our Content not included in the Limited Licence, you must contact us by email to:
Website and/or the Website Administrator
Milieu Labs
(c) You agree not to reverse engineer any part of any Products, or decompile any part of the software of those Products or the App.
16. Copyright Complaint Policy
(a) Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address: [email protected]
(b) We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.
17. Repeat Infringer Policy
In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the App and/or the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
18. Termination
You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the Limited Licence contained in these Terms immediately and without notice to you.
19. Warranty Disclaimer
(a) Except as expressly provided to the contrary in writing by us, or the App or the Website or our Social Media, the materials contained therein and the Products are provided on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Products, content and materials on the App and/or the Website to the extent permitted by law. We do not represent or warrant that materials in the App or the Website or our Social Media are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the App and/or the Website and/or the Products and /or our Social Media, and/or any portion thereof.
(b) We are not responsible for typographical errors or omissions relating to the Products, availability, pricing, text or imagery. In the event that any information displayed on the App, the Website, or our Social Media or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, features or other information, you agree that we may fix the error at our discretion.
(c) While we attempt to make your access to and use of the App and/or the Website safe, we cannot and do not represent or warrant that the App and/or the Website or its server(s) are free of viruses or other harmful components, or that defects will be corrected; therefore, you should use industry-recognised website browsers and/or app software to detect and disinfect viruses from any download or use of the App and/or the Website.
(d) We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third party suppliers. We are not responsible for any entity that claims to be authorised on our behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.
(e) We do not make any warranties as to the information or representations made by. We are not responsible for, and will not be held liable for, any misrepresentations or false information that a third party provides to you. However, if you notify us by sending an email to [email protected], of any concerns you may have and the information or representations that they have made to you, we may, at our discretion, investigate the contents of your email and the misinformation and misrepresentations outlined.
20. Information Disclaimer
All of Our Content, including but not limited to the information relating to Products, is provided in summary form and is in no way intended to constitute advice. Before relying upon this information or using our Products, you must first consider whether the Products are suitable to you. We are not liable for any losses, costs or damages of any kind that are incurred as a result of a violation in these Terms.
21. Limitation of Liability
(a) We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Website, to the App and the Products, except for the Statutory Rights.
(b) You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our Related Entities, or their respective directors, officers, employees or agents arising out of or in any way relating to your purchase of the Products, your use of the Website, the App, Our Content or the materials contained in or accessible through the Website or the App, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Website and/or the Website content, and/or the App and/or the App content or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the App and/or the Website. You use the App and/or the Website at your own risk and proceed with the Products at your own risk.
(c) Without limitation of the foregoing, neither we nor our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase of Products, the use of the App and/or the Website, Our Content or the materials contained in or accessible through the Website, including without limitation any damages caused by or resulting from your reliance on any of our content or other information obtained from us or accessible via the Website, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.
(d) In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the App and/or the Website and/or the Product exceed any amount that you pay to us, if any, for the Products.
(e) We take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive App, Website and Products, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.
(f) We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, or real property that may result from your use of our App or our Website or our Product.
(g) We take no responsibility and assume no liability for any Products, advertisements, In-App Purchases, content or communication that you may receive from any third party supplier.
22. Indemnity
You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.
23. Applicable Law and Venue
The App and the Website (excluding third party Website) are hosted by us. The App and the Website our Social Media are accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the App and/or Website and/or the Products will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the App or the Website or the Products will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the App and/or the Website from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.
24. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
25. Notices
You agree that we have the right to send you certain information in connection with the App, the Website and/or the Products. We may send you this and any other information in SMS to the mobile number you provided for your User Profile, or we may send you an e-mail to the address you provided for your User Profile, or we may send Push Notifications to the App. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the App. Notices provided to you via SMS, e-mail and/or Push Notifications will be deemed given and received on the transmission date of the SMS, e-mail and the Push Notification. As long as you access and use the App, you agree that you will have, or have access to, the necessary App and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the App.
You may contact us through the email addresses provided under these Terms. In the event you are unable to contact us my electronic means, you may also contact us by telephone at +612 9659 7438.
26. Waiver
You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.
27. Questions and Comments
If you have any questions regarding these Terms, the Products, Orders, Warranty, Privacy or your use of the App or the Website, please submit them to us, using the email address, [email protected].
