Terms of Service
Terms of Service
These Terms govern the use of this Application, and,any other related Agreement or legal relationship with us in a legally binding way. Capitalized words are defined in the relevant dedicated section of this Policy.You must read this Policy carefully.Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.This Application is provided by:AusTech for all(hereinafter referred to as "We" or "us" "our")"This Application" refers to - applications for mobile.; - the Service;While using our Services, You are deemed to have fully understood and accepted and are willing to abide by all of the following terms and conditions, and this Agreement shall become effective immediately between You and us. If You disagree with this Agreement in whole or part, You are entitled to terminate our Services at any time.
1.What You should know at a glance
1.1 The Right of Withdrawal applies only to European consumers. The Right of Withdrawal, commonly referred to in the UK as the Right of Cancellation, is referred to throughout this document as the "Right of Withdrawal".
1.2 PLEASE NOTE THAT some provisions of these Terms may only apply to certain categories of users. In particular, certain provisions may only apply to Consumers or to Users who do not qualify as Consumers. Such limitations will always be expressly stated in each such provision. In the absence of such mention, the clauses apply to all Users.This Application uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.
1.3 Usage of this Application and the Service is age restricted, as detailed in the relevant section of this document.
1.4 The Service/this Application is only intended for Consumers.2.Terms of Use
2.1 Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
2.2 Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this Policy.By using this Application, You confirm to meet the following requirements: - Users must qualify as Consumers; - You must be older than 17;3.Terms and conditions of sale
3.1 Paid ProductsSome of the Products provided on this Application, as part of the Service, are provided on the basis of payment.The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
3.2 Product descriptionPrices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.The characteristics of the chosen Product will be outlined during the purchasing process.
3.3 Purchasing processAny steps taken from choosing a Product to order submission form part of the purchasing process.The purchasing process includes these steps: - You must choose the desired Product and verify their purchase selection. - After having reviewed the information displayed in the purchase selection,You may place the order by submitting it.
3.4 Order submissionWhen You submit an order, the following applies: - The submission of an order determines contract conclusion and therefore creates for You the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page. - In case the purchased Product requires active input from You, such as the obligation for You to cooperate accordingly. - Upon submission of the order, You will receive a receipt confirming that the order has been received.
3.5 PricesYou are informed during the purchasing process and before order submission, about any fees,taxes and costs (including, if any,delivery costs) that they will be charged.Prices on this Application are displayed in excluding any applicable fees, taxes and costs.
3.6 Methods of paymentInformation related to accepted payment methods are made available during the purchasing process.Some payment methods may be available only subject to additional conditions or fees, in which case the relevant information can be found in the dedicated section of this application.All payments are processed independently by third party services. Therefore, this application does not collect any payment, but only receives a notification when the payment has been successfully completed.If a payment through the available methods fails or is refused by the payment service provider, We shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by YouRetention of usage rightsYOU DO NOT acquire any rights to use the purchased Product until the total purchase price is received by us.
3.7 DeliveryPerformance of servicesThe purchased service shall be performed ormade available within the time framespecified on this Application or ascommunicated before the order submission
3.8 Contract durationSubscriptionsSubscriptions allow You to receive a Product continuously or regularly over a determined period of time.Paid subscriptions begin on the day the payment is received by us.In order to maintain subscriptions,You must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptionsFixed-term subscriptionsPaid fixed-term subscriptions start on the day the payment is received by us and last for the subscription period chosen by You or otherwise specified during the purchasing processOnce the subscription period expires,the Product shall no longer be accessible, unless You renews the subscription by paying the relevant feeFixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription termAutomatic renewalSubscriptions are automatically renewed through the payment method that You chose during purchase, unless You cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or this Application.The renewed subscription will last for aperiod equal to the original term.You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.Termination noticelf the notice of termination is received by us before the subscription renews, the termination shall take effect as soon as the current period is completed.Termination of open-ended subscriptionsOpen-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to us using the contact details provided in this Policy.
Terminations shall take effect 7 days after by us.Free trialIn the case of service subscription, the Owner may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If Users do enter their billing information when signing up for the Free Trial, Users will not be charged by the Owner until the Free Trial has expired. On the last day of the Free Trial period, unless Users canceled their Subscription, Users will be automatically charged the applicable Subscription fees for the type of Subscription they have selected.At any time and without notice.
4.1 Right of withdrawalUnless exceptions apply, You may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. You can learn more about the withdrawal conditions within this section.
4.2 Who the right of withdrawal applies toUnless any applicable exception is mentioned below, You who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.YOU DO NOT fit this qualification, cannot benefit from the rights described in this section.
4.3 Exercising the right of withdrawalTo exercise their right of withdrawal, You must send to us an unequivocal statement of their intention to withdraw from the contract.To this end, You may use the model withdrawal form available from within the “definitions” section of this Policy. You are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, You must send the withdrawal notice before the withdrawal period expires.When does the withdrawal period expire?Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless You have waived the withdrawal right.
4.4 Effects of withdrawalYou who correctly withdraw from a contract will be reimbursed by us for all payments made to us, including, if any, those covering the costs of delivery.However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by us, will not be reimbursed.Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which We are informed of your decision to withdraw from the contract. Unless otherwise agreed with You, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, You shall not incur any costs or fees as a result of such reimbursement.
4.5 On the purchase of servicesWhere you exercise the right of withdrawal after having requested that the service be performed before the withdrawal period expires, You shall pay to us an amount which is in proportion to the part of service provided.Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time You withdraw, compared with the full coverage of the contract.
4.6 Exceptions from the right of withdrawalThe right of withdrawal does not apply to contracts:for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed.
5. Access to external resources
5.1 Through this Application You may have access to external resources provided by third parties. You acknowledge and accept that We have no control over such resources and is therefore not responsible for their content and availability.
5.2 Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
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This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
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The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.If required by applicable law, We will specify the date by which the modified Terms will enter into force.branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by You or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
B. Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, You shall have no right to claim damages against us (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by You.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, We shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, We shall not be liable for:
any loss of business opportunities and any other loss, even indirect, that may be incurred by You (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
damages or losses resulting from interruptions or malfunctions of this Application due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of us, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
any losses that are not the direct consequence of a breach of the Terms by us;
9.3 Australian Users
A. Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which You may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to You, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at our sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
9.4 Indemnification
You agree to defend, indemnify and hold us and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
Your use of and access to the Service, including any data or content transmitted or received by You;
Your violation of these terms, including, but not limited to, your breach of any of the representations and warranties set forth in these terms;
Your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
Your violation of any statutory law, rule, or regulation; any content that is submitted from your account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
Your wilful misconduct; or
statutory provision by You or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
10.9 SeverabilityShould any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
10.10 US UsersAny such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between You and us with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
10.11 EU UsersShould any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
10.12 Governing lawThese Terms are governed by the law of the following jurisdiction, without regard to conflict of laws principles and rules: Singapore
10.13 Exception for European ConsumersHowever, regardless of the above, if You qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
10.14 Venue of jurisdictionThe exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of: Singapore
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