Terms and conditions
Welcome to myFlat (hereinafter referred to as the "APPLICATION", “APP”, “We”, “Us”, “Our”), owned and operated by DYRIL TECHNOLOGIES PTY LTD (hereinafter referred to as “the Company”) with its registered office located at 309/20A Lexington Dr, Bella Vista, New South Wales 2153. The Applicaton is offered to users (hereinafter referred to as “You” or “Your”) for download conditioned on user’s acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU DOWNLOAD THIS APPLICATION, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS OF USE.
Our Application provides an online platform/venue to its users to avail various services being provided therein.
IN USING THIS APPLICATION, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE APPLICATION ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY DOWNLOADING AND USING THIS APPLICATION AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
- "User/You/Your” means an individual such as Resident/Building Manager/Strata Manager/Body Corporate or anyone else who is Authorised to use/download our Application and registers/creates an account on our Application and to use the services listed thereon.
- “Account” shall mean the accounts created by the Users on our Application in order to use the Services provided by our Application and requires information such as name, address, contact number etc.
- "Content" means text, graphics, images, music, software, audio, video, information or other materials.
- "User Content" means all content that a user submits or transmits to us through email, feedback, comments and messages on our Application.
- “Our Content” shall mean all the Content that our Application makes available through the Services, including any Content licensed from a third party.
- "Application/Our/Us” shall mean the myFlat mobile Application which provides a medium to the communities to regulate management.
- The official language of these terms shall be English.
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
- Use of the Application is available only to persons who can form legally binding contracts under applicable law. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are Authorized users.
- The Application reserves the right to terminate your membership and refuse to provide you with access to the Application if we discover that you are under the age of 18 years and have an account with us without the supervision of your parents. The Application is not available to persons whose Authorization has been suspended or terminated by us for any reason whatsoever.
- The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Application. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
- You must not be a competitor of our Application or use our Service for reasons that are in competition with us or otherwise to replicate some or all of the Service for any reason.
- Our Application may, in its sole discretion, refuse to offer access to or use of the Application to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Application is revoked in such jurisdictions.
- Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms.
- It is mandatory for the users to create an account on our Application in order to use services.
- We also ask for emergency contact details in order to contact you in case of any emergency.
- In order to register and create an account you will have to provide certain personal information such as full name, email address, contact number and Password. This information might be shared with other community members depending upon the settings of your profile page.
- Once you enter the email address you will be send a link using which you can log in and log out every time.
- You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, don’t.
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at [email protected].
- You may not transfer or sell your Application account and User ID to another party.
- Our Services are not available to temporarily or indefinitely suspended Users. Our Application reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Applciation reserves the right to refuse service to anyone, for any reason, at any time.
- One individual/entity can own only one account in his/her/its name.
- Our Application provides a platform for its users to manage building and community related activities efficiently.
- Our Application provides a platform for residents and users through which they can do the following i) maintenance ii) raise issues/tickets iii) access to electronic notices iv) participate in polling v) hire tradesmen for example plumber, electrician, babysitter etc. The feature is not limited to the activities listed in this clause.
- Our Application provides a platform of Community management to building manager and accountant from which he/she can do the following i) access/resolve issues/tickets v) generate electronic notices vi) create polling v) list services contacts. The feature is not limited to the activities listed in this clause.
- Our Application only uses phone numbers and email addresses purely for correspondence by building managers and communication amongst residents but not for any other use.
- Our Application shall provide data archive and availability of data for seven years to its users.
- Our Application shall not be responsible for any error and specifically Human error such as mishandling of the App by the building/community personnel and by app users during the performance of any transactions.
- The mobile devices provided shall have email and phone notifications settings turned ON by default. Users can turn off the notifications in 'Notification settings' & “Email settings” for any notifications.
YOU AGREE AND CONFIRM
- That you will use the services provided by our Application, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Application.
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our Application and / or other affiliated APPs without prior intimation whatsoever.
- That you are accessing the services available on this Application and transacting at your sole risk and are using your best and prudent judgment before entering into any dealings through this Application.
- It is possible that the other users may post or transmit offensive or obscene materials on the Application and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Application, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Application you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Application. Please carefully select the type of information that you publicly disclose or share with others on the Application.
- You agree that you will not
- Restrict or inhibit any other user from using and enjoying the Interactive Features.
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
- Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component.
- Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our Application.
- Violate any operating rule, policy or guideline of our Internet access provider or online service.
- We reserve the right to remove any inappropriate comment without any notification to you.
YOU MAY NOT USE THE APPLICATION FOR ANY OF THE FOLLOWING PURPOSES
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any server, computer, network, or to any of the services offered on or through the Application, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to Application, or any other customer, including any account on the Application not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Application.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our Application or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or our systems or networks, or any systems or networks connected to us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person's use of the Application.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Application or any service offered on or through the Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Interfering with any other person's use or enjoyment of the.
- Breaching any applicable laws.
- Interfering or disrupting networks or web APPs connected to the Application.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Applications, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Applications, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our Application, services. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- Further we prohibit the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit, debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
All right, title, and interest in and to the Application (excluding postings/content provided by the users) is and will remain the exclusive property of our Application and its licensors. The Application service is protected by copyright, trademark, and other laws of Australia. Nothing in these Terms gives you a right to use the name of the Application or Application’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the Application or located on the Application.
INTELLECTUAL PROPERTY RIGHTS
- Our Application, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Application. Access to this Application does not confer and shall not be considered as conferring upon anyone any license under any of our Application or any third party's intellectual property rights. All rights, including copyright, in this Application are owned by or licensed to us or third party suppliers. Any use of this Application or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Application. You cannot modify, distribute or re-post anything on this Application for any purpose.
- The Application names and logos and all related service and our slogans are the trademarks or service marks of our Application. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Application. Access to this Application does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Application (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Application for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this Application is the property of our Application or its suppliers and protected by copyright laws of Australia. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Application is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Application, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of Australia. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Application is the exclusive property of our company and is also protected by Copyright laws of Australia.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- You should assume that everything that you see or read on this Application is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our Application or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our Application are subject to the trademark rights of our Application, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our Application which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this Application is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
Users agree to defend, indemnify and hold harmless our Application, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Application or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Application (or any portion of the Application). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Application affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Application, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this User Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- Users acknowledge and agree that the availability of the APP is dependent on the APP Store from which users received the APP license. Users acknowledge that the Terms are between users and us and not with the APP Store. Our APP, not the APP Store, is solely responsible for its Properties, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the APP, users must have access to a wireless network or other internet enable network, and users agree to pay all fees associated with such access. Users also agree to pay all fees (if any) charged by the APP Store in connection with the Company Properties, including the APP. Users agree to comply with, and their license to use the APP is conditioned upon their compliance with, all applicable third-party terms of agreement (e.g., the APP Store’s terms and policies) when using the Company Properties, including the APP. Users acknowledge that the APP Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
- At some point we may wish to update the APP. The APP is currently available on Android/iOS (and for any additional systems we decide to extend the availability of the APP to) may change, and you’ll need to download the updates if you want to keep using the APP. We do not promise that it will always update the APP so that it is relevant to you and/or works with the Android/iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the APP, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the APP, and (if needed) delete it from your device.
GOVERNING LAW AND JURISDICTION
- These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waive any rights to object to proceedings being brought in those courts. The Service may be accessed in Australia and overseas. We make no representation that the Service complies with the laws (including intellectual property laws) of any country outside of Australia.
RESOLUTION OF DISPUTES
DISPUTE BETWEEN YOU AND US:
- In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
- The Application is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the download and use of the Application.
- We make no warranty that the Services or Application will meet your requirements or that the Services or your access to the Application will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or Application. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or Application is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
- The Application provides content from other Applications or resources and while our Application tries to ensure that material included on the Application is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Application. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Application, Services and tools;
- Delays or disruptions in our Application, Services, or tools;
- Viruses or other malicious software obtained by accessing our Application, Services, or tools or any site, Services, or tool linked to our Application, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Application, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Application, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; and
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at [email protected] upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Application, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
- You expressly hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of our Application. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- We shall not be liable for any conduct or behavior or actions of service providers. However, we encourage you to notify us of any complaints that you may have against the service provider who has provided you with services through our Application.
- You agree and acknowledge that the use of the Services offered by us is at Your sole risk and that we disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- We will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
USER AGREEMENT AS DEFENCE
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
- Any notices must be given by postal mail to us at;
- Attn: Dyril Technologies Pty Ltd 309/20A Lexington Dr, Bella Vista, New South Wales 2153.
OUR SERVICE AND GUARANTEES
Our Application reserves the right to modify or terminate the Application’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our Application does not guarantee continuous, uninterrupted access to the Application, and operation of the Application may be interfered with by numerous factors outside our control.
LINKS TO OTHER APPLICATIONS
NO WAIVER IMPLIED
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
- You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- Acts of god;
- Natural disasters;
- Shortage of supplies, equipment, and materials;
- Strikes and lockouts;
- Civil unrest;
- Computer hacking; or
- Malicious damage.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our Application. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our Application. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this Application.
- Our Application’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at [email protected] or by clicking the unsubscribe link in our emails sent to you.
- You consent to receive notices and information from us in respect of the Application and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
- By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Application, you give us permission to provide these records to you electronically instead of in paper form.
- By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our Application. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at [email protected].
The Agreement, in connection with the other obligations, policies and rules detailed in writing on the Application constitute the entire agreement between you and the Application.
For any further clarification of our Terms and Conditions, please write to us at [email protected].
V1.0.0 Updated on 01 June 2020