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Terms and conditions

TERMS OF USE

Welcome to Guardo (hereinafter referred to as the "APPLICATION", “APP”, “We”, “Us”, “Our”), owned and operated by DYRIL TECHNOLOGIES (hereinafter referred to as “the Company”) with its registered office located at Sydney, Australia. The Application 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.

Please read carefully these Terms and our Privacy Policy, which may be found at https://guardo.app/, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to download, obtain information from or otherwise continue using our Application. Failure to use the Application in accordance with these Terms may subject you to civil and criminal penalties. This Application reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Application fraudulently. This Application reserves the right to initiate legal proceedings against such persons for fraudulent use of the Application and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Download and use of this Application constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms on our Application. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the Application.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

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.

DEFINITIONS

"Agreement" means the terms and conditions of use as detailed herein including all Exhibits, privacy policy, all other policies published on the Application and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
"User/You/Your” means an individual such as Visitor/Resident/Community Manager/Security Guard 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 Guardo mobile Application which provides a medium to the communities to regulate management.

INTERPRETATION

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.

ELIGIBILITY

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.

REGISTRATION

It is mandatory for the users to create an account on our Application in order to use services.
In order to avail our services, you shall be required to create an account with us. In order to create an account and register with us you shall either create an account with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or Google accounts (each such account, a “Third-Party Account”).
If order to register and create an account you will have to provide certain personal information such as name, email address, contact number and Password.
OTP shall be sent to mobile devices and emails for login. Also, correspondence shall be sent to phone and also on email in relation to the Application.
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 sending an email to [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.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our Application terms of use as stated in the Agreement and all other rules, policies and procedures listed on the Application and/or that may be published from time to time on the Application by the Company.

SERVICES

Our Application provides a platform for its users to regulate the visitor and community (society) management efficiently.
Our Application provides a Visitor management feature. It is a system to regulate the visitors’ check-in and out, visitors such as guest, delivery person, CAB, professional services or domestic help electronically through the Application.
When a visitor arrives at the gate/building, security guard input the details of the visitor on the Application and also notifies the resident for their acceptance/rejection of their entry through the app.
Our Application provides a platform to facilitate a phone call (IVR) as well. If there is a visitor waiting at the gate and resident does not respond to app notification, then they can use the facility provided as a feature on this App.
Our Application also provides that residents by default opt in to receive voice call (IVR) at any time even though they have subscribed for Do Not Disturb (DND). App also provides an option in the Application notifications settings where users can turn off settings to receive IVR voice calls in future.
Our Application also provides a platform for residents and users through which they can do the following i) maintenance ii) raise issues/tickets iii) access to e-notice boards iv) participate in polling v) hire domestic help like maid, cook or driver 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) check society staff attendance ii) visitors check in & out iii) raise payment order for maintenance iv) access/resolve issues/tickets v) generate e-notice boards vi) create polling. The feature is not limited to the activities listed in this clause.
Our Application shall not be responsible if visitors are not able to check-in for whatever reason such as system error, network error, act of security guard and any other.
Our Application only uses phone contacts purely for society and visitor managers but not for any other use.
Our Application shall provide data archive and availability of data for one (1) month to its users.
Our Application shall make use of cookies for better user experience only.
Our Application shall not be responsible for any error and specifically Human error such as mishandling of the App by the society/community personnel and by app users during the performance of any transactions such as payment generation and processing of payments.
The mobile devices provided shall have notifications settings turned ON by default. Users can turn off the notifications in 'Notification settings' for any app notifications except for payment notifications.

PAYMENTS AND REFUND

The user is required to make all payments on the Application through the means listed on the Application.
All types of refunds will be converted as credit by building (account) manager and shall show up in resident payment section of the Application.
Users shall have to clear and pay any outstanding dues for the amount remaining.
Unless otherwise stated, all prices/fees are quoted in INR.
Users expressly agree and acknowledge that our Application may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the maintenance and received on or through our website.
Our Application reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our Application may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
Users agree that they will hold our Application harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues. We shall however strive to work with our payment gateway partner to investigate any payment issues.
We take utmost care to work with Third party payment providers, but do not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment provider. Having said that we work with providers who have secure infrastructure, is serving many other customers and is regulated, so rest assured your payments will be secure and seamless transaction. For more information on their security and privacy policy you may refer to the Privacy Policy of these third-party payment providers before proceeding with payment option.
The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.

YOU AGREE AND CONFIRM

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.

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.
You may not use the Application or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our Application.
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.

OWNERSHIP

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.

INDEMNITY

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.

TERMINATION

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.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

APP STORES

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

This Agreement shall be governed by and construed in accordance with the laws of Australia without regard to its choice of law principles.
The parties consent to exclusive jurisdiction and venue in the courts sitting in Sydney, 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 venue for arbitration shall be Sydney, Australia.
The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.

DISCLAIMER

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

To the fullest extent permitted under applicable law, our Application or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Application, its services or this User Agreement.
User understands and agrees that any information or material and/or goods or services obtained through the service is done at user's own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
No advice or information, whether oral or written, obtained by user from us for free or through or from the service shall create any warranty not expressly stated herein.
Application or any person or entity affiliated with it will not be held liable for the delivery or un-delivery of any service, for any transactions or dealings between the users through our Application.

PRIVACY

We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy.

SECURITY

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 via email 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.

EXPRESS RELEASE

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 behaviour 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.

NOTICES

Any notices must be given by postal mail to us at;

Attn: Legal Department 309/20A Lexington Dr, Bella Vista, 2153, New South Wales, Australia

In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.

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

Links to third party Applications on this Application are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Applications. We have not reviewed these third party Applications and do not control and are not responsible for any of these Applications or their content and their privacy policy and terms and conditions. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Applications linked to this Application, you do this entirely at your own risk.

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.

SEVERABILITY

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.

ASSIGNMENT

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.

FORCE MAJEURE

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;
Sabotage;
Accident;
Riot;
Shortage of supplies, equipment, and materials;
Strikes and lockouts;
Civil unrest;
Computer hacking; or
Malicious damage.

MODIFICATION

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.

COMMUNICATIONS

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].

ENTIRE AGREEMENT

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.

CONTACT US

For any further clarification of our Terms and Conditions, please write to us at [email protected].

v1.0.2, Updated on 28 Sep 2020