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APP USER TERMS

By clicking ‘Accept’ and/or using this App which is owned and operated by Pappyon Pty Ltd, you acknowledge that you have read and agree to be bound by these User Terms (Terms). If you do not agree to these Terms, you are not permitted to use the App and are required to uninstall the software. Violation of any of these Terms may result in termination of your account. 

 

DEFINITIONS

 

App means the Pappyon app software application for mobile phones, tablets and computers.

 

App Code means the Pappyon app software code including any upgrade that may be available from time to time.

 

Content means any and all material, information, links, words, and images we or a User submits, advertises or links to the App.

 

Main Subscriber means the User who has signed up to the App and Services.

 

Registered User means any person who has accepted an invitation from the Main Subscriber to connect through the App and Services. 

 

Services means the business networking, event promotion, advertising and related services provided through the Pappyon app. 

 

User and You means each Main Subscriber and Registered User, (as relevant).

 

We, Our and Us means Pappyon Pty Ltd including all directors, employees, and contractors from time to time.

 

SUBSCRIPTION

 

You must create an account in order to use the Services. You need to provide your full name, a valid email address, and any other information requested in order to complete the signup process and create an account.

 

You must also provide your payment or credit card details and pay a fee in advance to use the Services. 

 

Our fees will be advertised where we make the App available for download and in the App. 

 

By providing us with your payment or credit card details, you permit us to debit all payable fees for the Services unless or until you or we cancel your subscription in accordance with our cancellation terms. 

 

PAYMENT AND REFUNDS

 

Payments are processed using an integrated third-party service provider. 

 

You will be responsible for the payment of any applicable local taxes where you are subscribing to and accessing our Services. 

 

There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds, or refunds for unused periods with an open account. In order to treat everyone equally, no exceptions will be made.

 

We may at our absolute discretion offer you a discount for subscribing on a pre-order basis and require you to pay a deposit and the balance on terms specified by us. 

 

YOUR OBLIGATIONS

 

You acknowledge and agree that: 

 

  • You will not share your password or login details with any other person and you will keep your payment, contact and all information updated at all times. You are responsible for maintaining the confidentiality and security of your account and password;
  • You are the Main Subscriber and you are responsible for all activity that occurs under or through your account; 
  • By using our Services and contacting any person or business through the App, you represent that you are doing so in good faith;
  • You will ensure that any Content you post complies with all applicable laws, codes and regulations and all Content you link to from our App is accurate, reliable, up-to-date, lawful, and not misleading;
  • You use the Services at your own risk. You need to ensure that you take all reasonable care regarding your personal security and safety when providing your personal details to anyone; 
  • You will use the Services in accordance with our terms and the spirit of our app and agree you will not stalk, defame, abuse, threaten, harass or otherwise cause distress or violate any rights of any person; 
  • You may not use the Services for any illegal purpose or to violate any laws; 
  • You will not publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information; and
  • You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages. 

 

GRANT OF LICENCE

 

We grant you a non-exclusive, personal, non-transferable licence to:

 

  • Download the App Code;
  • Install the App on your and/or the Registered Users’ devices (mobile phone, tablet, computer); and
  • Use the App Code anywhere in the world for your own private and non-commercial purposes and in accordance with these Terms.

 

You must not: 

 

  • Copy or reproduce any part of the App Code other than in accordance with the licence granted in these Terms;
  • Sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish any part of the App Code;
  • Modify, alter, adapt, translate or edit, or create derivative works of any part of the App Code; or
  • Circumvent or remove or attempt to circumvent or remove the technological measures applied to the App Code for the purposes of preventing unauthorised use.

 

These Terms do not prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

 

SUPPORT

 

We will respond to all customer support enquiries within one business day. 

 

From time to time we will provide and make available updates and upgrades to the App Code. You must promptly apply any upgrade released from time to time. We have no obligation to provide support for the App Code or to repair or replace the App Code in relation to any version of the App Code that does not incorporate the most recent upgrade to the software. We are not responsible for any issues that any upgrade may cause to your device, you do so at your own risk

 

CANCELLATION AND TERMINATION 

 

You are solely responsible for properly cancelling your subscription and closing your account. You can only cancel the Services from within the App.

 

All of your data from the Services will be inaccessible upon cancellation. On cancellation of your subscription, all of your Content will be deleted within 6 months of cancellation and closure of your account.

 

We may also cancel and close your account if you do not make a payment, renew your subscription or leave your account inactive with no payment for a period of 6 months. In order to comply with privacy laws and our Privacy Policy, we will securely destroy your personal data and all information on your account.

 

We are not responsible for any lost files, data or information on or in your account either during use of our Services or upon cancellation of your account. You need to ensure you have made copies or downloaded any information you may require or wish to retain prior to any cancellation or termination. 

 

We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

 

If we have reasonable grounds to suspect you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the use of our App or compromised its use for others, at our sole discretion we have the right to immediately withdraw your information and terminate your account. We may also deny the use of our App to you in the future and are not obligated to return any subscription monies.

 

Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.

 

We are not required to provide any refund or part thereof to you for such termination of your subscription.

 

COMPETITION AND CONSUMER ACT

 

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

 

You must be over 16 years of age to use this website and to purchase any goods or services.

 

ADVERTISEMENTS AND LINKS TO OTHER WEBSITES

 

We may from time to time permit you to advertise goods and services in the App. By posting any advertisement in the App, you represent and warrant that you have the right to sell the advertised goods or services and that you will not breach any third party rights in doing so. All advertisements must comply with these Terms. We exclude all liability in accordance with the Liability and Indemnity provisions in these Terms. 

 

The cost of advertising will be notified to and agreed with you separately. 

 

We may from time to time provide in our App links to other websites, advertisements, and information about other websites. This does not mean that we sponsor, endorse, approve of or have an arrangement with these websites, unless we expressly disclose otherwise. 

 

We take no responsibility for any content on linked websites, information or advertisements provided by third parties in the App, or information or advice provided directly to you by third parties. 

 

PRIVACY

 

Any information, content or activity submitted within the Services is subject to our full Privacy Policy. Please review our Privacy Policy in the App.

 

THIRD PARTIES

 

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website, App and other services but not for any other use.

 

GENERAL TERMS AND CONDITIONS

 

By using the App and the Services, you authorise us to use, reuse and to grant others the right to use and reuse your Content and any reproduction or similar in any form of media or technology for any purpose related to the App in order to provide the Services.

 

You agree and acknowledge that the App and any associated website we own may use third-party vendors and hosting partners to provide the necessary software, hardware, service and storage as well as anything related to run the App and provide the Services.

 

You understand that the technical processing and transmission of your data may be transferred unencrypted and may involve transmissions over various networks.

 

We reserve the right to cancel or suspend your account if your usage significantly exceeds the average use of other Services accounts.

 

INTELLECTUAL PROPERTY

 

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us. 

 

You are solely responsible for obtaining permission before reusing any copyrighted material that is available in the App. Any unauthorised use of the Content in the App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

By submitting any Content to the App, you represent that you have full copyright ownership or licence to use the Content and it will not breach or infringe any third-party rights including any third-party intellectual property rights; 

 

DISCLAIMERS

 

We do not guarantee any business, increase in revenue, traffic or otherwise from your use of the Services.

 

Meet Me Feature: We are not responsible for any arrangement, experience, appointment or meeting you may have through the Services. We do not, nor are we required to do any investigations or checks on any person or business who may contact you or who you contact. You are responsible for ensuring you make your own enquiries and investigations into anyone that contacts you or who you contact. 

 

LIMITATION OF LIABILITY

 

Your use of the App and Services is at your sole risk. The App and Services are provided on an ‘as is’ and ‘as available’ basis. 

 

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of the App or Services including reliance on any information in the App or the Services or any interaction you may have with any person or business through the App or the Services. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.

 

Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.

 

Except for your statutory rights, the App and Service are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the App or Services will be provided with due care and skill and fitness for a particular purpose.

 

When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of the Services again or a refund of the fees for the Services last paid by you to us. 

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

INDEMNITY

 

You agree to fully indemnify us, our officers, employees, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by any party which arises out of or is in any way related to your use of the App or the Services, your reliance on any information in the App or the Services, or any actions or activities you may undertake with other persons or businesses as a result of or through the App or the Services. 

 

MODIFICATION OR TERMINATION OF APP

 

We reserve the right at any time and from time to time to modify or discontinue the App and Service either temporarily or permanently with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App and Service.

 

From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions at such time you may choose to accept or not. 

 

GOVERNING LAW

 

These Terms of Use are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.