THIS IS A BINDING AGREEMENT between Savvy Hoarder Pty Ltd A.C.N. 660 662 019 (Licensor, we) and any person (you) who downloads and installs or otherwise obtains or access including browse a version of the application, software program, content, website or web page owned, operated, controlled and/or developed by the Licensor which provide the price comparison and monitoring platform services (“Software”). Content means any text, graphics, audio, visual (including still visual images) and audio-visual material, software, applications, data, database content or other multimedia content, information and material made available by the Licensor.In consideration of the licence granted to you in respect of the Software, you agree to abide, and be bound, by the terms and conditions set out below. If you do not agree to abide, and be bound, by these terms and conditions, please exit the Software and permanently delete it from all your devices.
1.1 You acknowledge and agree that:
(a) the Software is designed based on publicly available data from third parties and/or user generated data.
(b) the Software and any content contained in it:
(i) is provided by Licensor for information and reference purposes only; and
(ii) the Licensor does not guarantee their accuracy or completeness, suitability or quality of the content;
(c) you must be at least eighteen years old and you declare that you are above eighteen years old and have full and legal capacity to enter into this agreement. You must not access our Software if you are a person who is either barred or otherwise legally prohibited from receiving or using the Software or any content under the laws of Australia.
(d) you must not purchase any liquor, alcoholic products or any age-restricted products via the Software if you are under eighteen (18) years of age.
2.1 Licence grant. Licensor grants you a non-exclusive, non-transferable, revocable and limited licence to use the Software and revocable permission to access the content of the Software for personal and non-commercial purposes from the date you accept this agreement until you delete the Software from all your devices.
2.2 Conditions. You must ensure that you only use the Software as permitted by this agreement and that you comply with your obligations under this agreement. You promise and agree that you are accessing the Software for your own personal and non-commercial purposes.
2.3 Restrictions. You must not:(a) copy, modify, add to, adapt, delete or amend any part of the Software;
(b) sell, translate, network, publish, commercialise, rent, lease, assign, transfer, loan or otherwise distribute all or part of the Software, or any adaptation, modification or derivative of all or part of the Software;
(c) reverse engineer, disassemble, or decompile any software forming part of the Software, unless permitted to do so by law, and then only strictly in accordance with the provisions or terms under which that right is given by such law;
(d) use the Software for any unlawful purpose; or
(e) allow third parties to do anything inconsistent with the terms of this agreement;
You agree that all rights, title and interest (including all intellectual property rights) in the Software vest absolutely in Licensor (or its third party licensors). The only rights you have in respect of the Software (and the intellectual property rights subsisting in it) are those granted under and subject to this agreement.
(a) You agree that we may (i) use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the Software, (ii) provide advertising and other information to you, and (iii) allow our business partners to do the same.
(b) If you provide feedback, ideas or suggestions to us in connection with our Software (“Feedback”), you acknowledge that the Feedback is not confidential and you grant us the right to use or authorize us to use that Feedback without restriction and without payment to you.
(c) You acknowledge that the Software is designed to capture, obtain, store information including your personal information (such as age, gender, region, language etc), your usage records (such as search history, favorites, shopping list, stocking data etc), posting information (such as uploading product pictures, product data, comments etc) and Feedback (“Information”
) and you irrevocably grant us the right to use or authorize us to use that Information without restriction and without payment to you.
5.1 In order to access certain service or content via the Software, you may be required to provide information about yourself such as your name, address, contact number and other personal information. The information we collect, including information obtained from third parties, is shared between us, our Associates (within the meaning of Corporations Act 2001) our service providers, and licensors. You must provide us with accurate, correct and up to date information at all times.
5.2 In respect of your personal information, we will retain and protect your information provided by you in accordance with our Privacy Policy provided that we may be legally required to disclose that personal information in some circumstances.
5.3 You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user via the Software.
5.4 You may need to meet other system and compatibility requirements for the relevant content, which may change from time to time, working Internet access, and compatible software. Your ability to use the Software and the performance of the Software may be affected by these factors. Such system requirements are your responsibility.
5.5 You must strictly comply with and adhere to the Software Usage Rules.
5.6 We reserve the right to remove any content, or part thereof, any service or part thereof, from the Software without any notice especially if we reasonably consider that we no longer have or may no longer have, all requisite rights to permit our distribution of the content or service or there is any other bona fide legal or commercial reason.
6.1 With respect to the Software and content, you:-
(a) must not make, and take all steps necessary to prevent others from making, Unauthorised Use of the Software, and use your best endeavours to assist the Licensor to identify and prevent Unauthorised Use;
(b) maintain adequate security measures to safeguard the Service and Content from access or use by unauthorised persons, including maintaining security of your Account and taking all other reasonable measures to limit access to the Service to authorised users;
(c) ensure you have sufficient protection in place, at your own expense, to protect the Service and Content against Attack and to prevent circulation of Attacks through the Service, including firewalls, policies regarding email attachments, and up to date virus scanning software;
(d) comply, at your own expense, with all applicable data protection, privacy, export and spam laws, restrictions and regulations, and refrain from directly or indirectly using the Service or Content in violation of any such restrictions, laws or regulations;
(e) Unauthorised Use means acts of misuse of any component of the Software by You, including but not limited to use:-
(i) other than strictly in accordance with this Agreement;
(ii) which causes degradation to the Software, or interference with use of the Software by others, or circumstances which may place the Licensor in potential or actual breach of any agreement with third parties;
(iii) to allow (whether knowingly or not) any computer virus, trojan horse or other malicious, harmful or disabling data, code or program to be transmitted or disseminated into the Software;
(iv) to interfere with, disrupt or attempt to gain unauthorised access to, any computer system, network or account for which it does not have authorisation to access;
(v) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
(vi) access the data transmitted via the Software to develop or publish any product in competition with those provided by the Licensor; or
(vii) copy, disclose, publish or otherwise make available to any third party, any compilation of data obtained through the use of the Software.
6.2 With respect to the intellectual property right, you:-(a) acknowledge that nothing in this agreement, gives you any right, title or interest in the intellectual property right other than as specifically set out herein; and
(b) notify the Licensor in writing of any infringement of the intellectual property right coming to the attention of you, directly or indirectly.
6.3 In relation to third party content accessed via our Website or the Software, you:-(a) acknowledge that many of the products and services advertised and much of the information provided on the Website, the Software and in links on the Website are the products, services and information of third parties (TP Information);
(b) acknowledge that the Licensor does not provide or endorse this TP Information, or the third party, and has not checked the accuracy or completeness, suitability or quality of the TP Information;
(c) make your own enquiries with the relevant third party direct before relying on the TP Information or entering into a transaction in relation to any TP Information;
(d) not assign this Agreement or any right or obligation under it.
7.1 Indemnity. You indemnify Licensor (and the Licensor’s Associates (within the meaning of Corporates Act 2001), all its related bodies corporate and its personnel) and must keep them indemnified against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages arising directly or indirectly out of or in connection with:
(a) death or personal injury arising in connection with your use of the Software;
(b) any breach of this agreement by you;
(c) any suit, claim or demand brought or made against Licensor by or due to your conduct, acts or omissions; or
(d) your violation of any law or the rights of a third party
This clause shall survive the termination of any agreement.
7.2 Consumer guarantees. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Licensor are excluded under this agreement. However, if a supply under this agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as given effect under Part XI of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in this agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law; provided that, to the extent the Australian Consumer Law permits Licensor to limit its liability, then Licensor's liability is limited to (at Licensor's option):(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
7.3 Exclusion of liability.
Subject to section 7.2, Licensor excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses, whether arising in contract, tort (including negligence) or otherwise suffered or incurred by any person:
(a) in connection with or in any way relating to the Software or its use, including (without limitation):
(i) any death or personal injury arising in connection with your use of the Software;
(ii) any disruption to or unavailability or failure of the Software or interference with or damage to any electronic systems or devices;
(iii) errors, omissions or inaccuracies contained in any information published on the Software or supplied by Licensor to you via email or otherwise;
(iv) as a result of any fraudulent use, misuse or misappropriation of the Software or any part of the Software; or
(v) as a result of any act committed by another person in connection with your use of the Software;
(b) arising from any circumstance beyond its control; or
(c) otherwise under or in connection with this agreement.
7.4 You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Software is to uninstall Software and to stop using the Software.
7.5 Limitation of liability.
(a) While the Licensor accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to the Software, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party Software.
(b) To the fullest extent permitted by law, under no circumstances will the Licensor and the Licensor’s Associates, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Software, third party applications, or third party application content, regardless of legal theory, without regard to whether the Licensor has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Software, third party applications, or third party application content more than the amounts paid by you to the Licensor the prior twelve months in question, if any, to the extent permissible by applicable law.
8.1 Term. This agreement continues to apply until terminated by you or by Licensor.
8.2 Your right to terminate. You may terminate this agreement at any time by permanently deleting the Software from all your devices.
8.3 Automatic termination. Your rights automatically and immediately terminate, without the need for notice from Licensor, if you fail to comply with any provision of this agreement. On termination of this agreement for any reason, you must immediately and permanently delete the Software from all your devices.
9.1 Force majeure. Neither party is liable for any failure to perform or delay in performing its obligations under this agreement if that failure or delay is due to anything beyond that party’s control. If that failure or delay exceeds 60 days, either party may terminate this agreement with immediate effect by giving notice to the other party.
9.2 Governing law. This agreement is governed by the laws of the State of Victoria, Australia, and the parties submit irrevocably and unconditionally to the exclusive jurisdiction of the courts of that State.
9.3 Assignment. You may not assign your rights under this agreement, nor attempt or purport to do so.
9.4 Representation and warranty. You represent and warrant to Licensor that:(a) you are not located in a country that is subject to a United States Government embargo or a country that has been designated by the United States Government as a 'terrorist supporting' country;
(b) you are not on any United States Government list of prohibited or restricted parties; and
(c) you will not export from anywhere any part of the Software provided to you except in compliance with, and with all licenses and approvals required under, applicable Australian export laws, rules and regulations.
10.1 Licensor may vary terms. Licensor reserves the right to revise and amend this agreement in its discretion, asfollows:
(a) if Licensor considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended agreement (or a link to the amended agreement) on the Software; or
(b) if Licensor considers that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change solely by displaying a notice on the Software describing the change.
10.2 Deemed agreement to variation. Your continued use of the Software after an amendment will mean that you agree to that amendment. You must stop using the Software if you do not agree to an amendment.
Any information submitted by you in the course of downloading, installing or using the Software is governed by our Privacy Policy available at our website.
In addition to your agreement to be bound by and abide by the terms of this agreement, you further acknowledge and agree to the following provisions with respect to your use of the version of the Software that is compatible with the iOS operating system of Apple Inc (Apple):
(a) Apple:
(i) is not a party to this agreement and is not responsible for the Software nor the content contained in the Software;
(ii) is not responsible for providing any maintenance or support services in respect of the Software and has no obligation whatsoever to furnish any maintenance or support services in respect of the Software;
(iii) is not providing any warranties for the Software, except if applicable, to refund the purchase price for it;
(iv) is not responsible for addressing any of your claims in relation to the Software, including:
(A) product liability claims;
(B) claims relating to a failure of the Software to conform with any legal or regulatory requirement; or
(C) claims arising under consumer protection legislation; and
(v) is not responsible for any claim that the Software or your possession or use of the Software infringes any third party's intellectual property rights, nor is Apple responsible for the investigation, defence, settlement or discharge of any such claim. Any inquiries or complaints relating to the use of the Software, including those pertaining to intellectual property rights, must be directed to Licensor at support@savvyhoarder.com.au.
(b) Apple and Apple's subsidiaries are third party beneficiaries of this agreement and, from the date on which you accept this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you. Licensor’s right to enter into, rescind or terminate any variation, waiver or settlement under this agreement is not subject to the consent of any third party.
(c) The licence you have been granted under this agreement is limited to a non-transferable license to use the Software on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Stores Terms of Service.
1.
Use of Software and Content. You acknowledge that the content of the Software whether posted publicly or transmitted privately, are the sole responsibility of the person or organisation from whom such content originated. We do not control or endorse the content. . You agree that any content that you access through the Software are provided to you by way of licence only. Except as expressly provided in these Terms, we will not be liable for any content, or any loss or damage of any kind resulting from that use of any content transmitted via the Software and you agree to bear all risks associated with such use of any content.
2
.
Digital Rights Management. Most access to the content via the Software is DRM-free. However, you understand that some of the contentinclude a security framework using technology that protects digital information and limits your usage of the contentto certain usage rules established by us and/or our licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree that any other use of contentin breach of the Usage Rules may constitute copyright infringement.
3. Content Usage Rules.
i. You are authorised to use the content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the maximum extent permitted by law.
ii. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Software or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the content.
iii. You agree that you will not use the content or service in whole or in part for any illegal purpose.
iv. The access to or delivery of the Software or content does not transfer to you any commercial or promotional use rights in same.
v. We may at any time limit the number of devices that you may access the Software from simultaneously.
vi. You agree that you will not (and you will not permit anyone else to):
a) copy, duplicate, modify, reverse engineer, decompile or disassemble any element of the Software or content unless explicitly permitted under applicable mandatory law;
b) bypass, modify, tamper, defeat, circumvent any of the security components, special rules or other applications that protect the content and the Software; or
c) use any robot, spider, data minder, crawler, scraper, or other automated means to access or index the content or any portion thereof, including but not limited to any metadata associated with the content.
4. You agree that by your download of or access to the Software constitutes your acceptance of and agreement to use such content solely in accordance with the Usage Rules, and that any other use of the content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the content (as applicable). The Usage Rules shall govern your rights with respect to the Content. We reserve the right to modify the Usage Rules for future activity on the Software or for ongoing access to Content via the Software, if applicable, at any time. However, such changes will not apply to content you have already purchased and downloaded. Any change to the Usage Rules will be communicated to you. In the event that you refuse to accept the Usage Rules, you will no longer be able to acquire content from the Software.
5. Licensor Restrictions.
i. You acknowledge that any and all of the copyright, trademarks, trade names and otherintellectual property rights subsisting or used in connection with the Software, including but not limited to all content, and intellectual property rights incorporated into the Software shall remain the sole property of Us, the rights owner, the third party content providers or our licensors as applicable. You agree to immediately notify us of any actual or suspected infringement and you also agree not to use any of our trade marks as part of the name under which we conduct its business.
ii. Except for the rights explicitly granted to you in these Usage Rules, all right, title and interest in the Software, and the content are reserved and retained by us, the rights owner, our third party content providers, and our licensors, with all rights reserved. You do not acquire any ownership rights in the content accessed through the Software. All other trade-marks, product names and company names or logos cited in these Usage Rules are the property of their respective owners.
iii. Access to Software may subject to re-download limits imposed by certain licensors.
iv. Availability of content via the Software is at the discretion of the third party licensor providing such content to Us, and We may therefore be required by such licensors to remove content from the Software without notice to you. Access to content via the personal storage area (PSA) in our server may be controlled by our licensors, and such access is provided by licensors on the basis that access may be withdrawn by licensors at any time, for any reason. Therefore, content on our Software may be removed without notice and as a result, affected content will remain listed, but will no longer be available for access in your PSA, if applicable.
6. Use of the Software. You agree not to:
i. use Software to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
ii. post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
iii. post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
iv. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
v. use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
vi. make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
vii. collect or store personal information about others, including email addresses, log-in details or other credentials;
viii. advertise or offer to buy or sell goods or service for any commercial purpose, unless such communication facility specifically allows such messages;
ix. impersonate any person or entity for the purpose of misleading others;
x. breach any applicable laws or regulations;
xi. use the Software in any manner that could damage, disable, overburden or impair the Software or interfere with any other party's use and enjoyment of the Software;
xii. post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
xiii. attempt to gain unauthorised access to any of the Software, other accounts, computer systems or networks connected to the Software through hacking, password mining or any other means.
7. Monitoring. We have no obligation to monitor the Software but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.