Terms and Conditions of Use Agreement and Privacy Statement
- Terms and Conditions of Use Agreement and Privacy Statement
The software application and related services (“Services”) covered by this Agreement are the property of Ideatum Pty Ltd A.C.N. 616 632 912 (“InfoPond”). Content held by Services and available to Users includes text, images, audio and video (“Media”).
The terms of the License and use of Service is subject to the all terms and conditions in this “Terms and Conditions of Use Agreement and Privacy Statement” agreement (“Agreement”). Please take the time to read and understand this Agreement in full before you decide whether to use the Services. If you do not understand any part of this Agreement then do not accept the terms and conditions and do not use the Services. The Services may only be used by individuals who understand and agree to abide by this Terms and Conditions of use and License Agreement.
Services are made available to members of the public (“Users” or “User”) for non-commercial use (“License”) at no charge on the condition that at our sole discretion InfoPond reserve the right to cancel this License and charge for a new license. Users will be provided with notice and option to pay for a new License or cease use of Services and not pay for a new License.
1.1 Acknowledgement: User acknowledges that this Agreement is concluded between User and InfoPond only, and not with Apple, User and InfoPond, not Apple, are solely responsible for the Licensed Application and the content thereof. User and InfoPond acknowledge that this Agreement may not and does not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of the Effective Date.
1.2 Scope of License: The license granted to the User for use of the Services under this Agreement is limited to a non-transferable license to use the Services on any Apple-branded Products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
1.3 Maintenance and Support: InfoPond is solely responsible for providing any maintenance and support services with respect to this Agreement, or as required under applicable law. InfoPond and the User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
1.4 Warranty: User acknowledges that InfoPond is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price (if one is paid) for the Service to the User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
1.5 Product Claims: InfoPond and the User (“We”) acknowledge that We, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Services use of the HealthKit and HomeKit frameworks. To be clear this clause does not limit InfoPond liability to the User beyond what is permitted by applicable law.
1.6 Intellectual Property Rights: InfoPond and the User acknowledge that, in the event of any third party claim that the Services or the End-User’s possession and use of Services infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
1.7 Legal Compliance: The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
1.8 Developer Name and Address: Our contact details to which any User questions, complaints or claims with respect to the Services should be directed is included at the end of this Agreement.
1.9 Third Party Terms of Agreement: User must comply with all applicable third party terms of agreement when using Services. For example User must not be in violation of the terms of service provision as specified by their Internet Service Provider.
1.10 Third Party Beneficiary: InfoPond and the User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon the User’s acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the User as a third party beneficiary thereof.
1.11 By clicking on “Agree”, User agrees to be bound by all terms in clauses and subclauses 1 to 15 inclusive of this Agreement and warrant that User is eighteen years of age or older. In the event that User is not eighteen years of age or older then the parent or legal guardian of User must indicate by clicking on “Agree” that they agree to ensure User and they understand and will abide by the terms in clauses 1 to 15 inclusive of this Agreement.
- Limited License
2.1 Upon accepting the terms of this Agreement InfoPond grants you a limited, non-exclusive License to use the Services for your personal individual non-commercial use.
2.2 Use of Service does not give the User ownership of any intellectual property rights in InfoPond, Services or Media provided by InfoPond or other Users.
2.3 This License is granted to you personally and you shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
2.4 No License is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of InfoPond or any distributor(s).
2.5 InfoPond owns all intellectual property developed by or for InfoPond in Services including but not limited to software components and algorithms of the Services.
2.6 InfoPond may have incorporated intellectual property owned by others (“Third Parties”) into the Services. Third Party licenses, if any, may be accessed under “Third Party Licenses”.
2.7 InfoPond and the Distributor(s) mutually own customer data collected through any registration process. InfoPond abides by its Privacy Statement in relation to this data. We advise you to read the InfoPond Privacy Statement AND the privacy statement of any relevant InfoPond Distributor.
- Restrictions on Use
3.1 You may not redistribute the Services.
3.2 Without the prior express written authorization of InfoPond you may not create or use any software other than that provided by InfoPond to access the Services.
3.3 You may not modify, reverse engineer, de-compile or disassemble Services software code or in any way ascertain, decipher, or obtain the communications protocol or other information for accessing the Services.
3.4 You may not adapt, alter, modify, translate, or create derivative works of the Services (including without limitation the communications protocols for the Services) without the express written permission of InfoPond.
3.5 You may not block, disable or otherwise affect any sponsorship, advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services.
3.6 You may not register with and log on and off the Services, locate users or send messages through the Services except through the use of the Services as provided for by this Agreement.
3.7 You may not collect or solicit names, display names, email addresses, passwords or any other personal information from the Services.
3.8 You may not attempt to gain access to any part of the Service not generally accessible to Users, or transmit any viruses, worms, Trojan horses or any items of a destructive nature or purpose.
3.9 You may not authorize or assist any third party to breach any of the terms in this Agreement.
3.10 Services display content which may or may not be owned by InfoPond. Each page containing Media displayed by the Services indicates the license under which the Media is made available for use. Users must abide by those licenses when using Services and Media.
- Acceptable Use
4.1 You represent and warrant that you will use the Services only for lawful purposes and in accordance with this Agreement, and that you will not use the Services to violate any law, regulation or ordinance or any right of InfoPond, Distributor or any third party, including but not limited to, any right of privacy, publicity, copyright or trademark.
4.2 You take full responsibility for your conduct whilst using the Services and agree to use common sense and abide by basic etiquette when using the Services. You acknowledge that InfoPond and Distributor, their officers, directors, employees and agents are not responsible for any content distributed by you to or through the Services. InfoPond and Distributor disclaim any responsibility or liability arising from your use of the Services.
4.3 You agree to respect the intellectual property of others and agree not to infringe the patent, trademark, logo, trade secret, copyright or other intellectual property rights of others.
4.4 You agree not to harass, threaten, stalk, abuse, defame, embarrass or cause distress or discomfort upon another user through the use of the Services.
4.5 You agree not to make any communications using the Services that are offensive, racial, discriminating, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
4.6 The Service displays Media not owned by InfoPond. The license under which Media is made available is displayed to the User on the page displaying the Media. You agree not to use the Media in a manner which contravenes the stated License.
4.7 You agree not to disrupt the normal flow of information on or through the Services or otherwise act in a manner that negatively affects the Services or other Users.
4.8 You agree not to use the Services to distribute any unsolicited advertising, promotional materials, or any other forms of solicitation, without the prior written consent of InfoPond.
4.9 You agree not to intentionally or unintentionally violate any applicable local, state or national or international law and not to use the Services to provide information or instructions concerning illegal activities.
4.10 You agree not to impersonate any other person or represent yourself in any manner as an InfoPond or Distributor employee or representative.
4.11 You agree that InfoPond and Distributor are not required to monitor, control or endorse the content distributed by users.
4.12 Some Service functionality is delivered via mobile telephones. You agree not to use this functionality in a manner that prevents you from complying with relevant road traffic laws.
4.13 InfoPond may respond to alleged copyright infringement by terminating the account of repeat infringers.
- Trademarks and logos
5.1 Any trademark, service mark, name, or logo of InfoPond and Distributor and any other organization are the exclusive property of their owner and not included under the Creative Commons license stated herein.
6.1 Should you breach any of the terms of this Agreement, your right to use the Services may be terminated immediately and without notice.
6.2 InfoPond may at any time cease to provide the Services or any part thereof, without prior notice.
6.3 You may terminate this Agreement by simply discontinuing use of the Services. You must pay to InfoPond any amounts owed to it within the time period agreed prior to termination.
6.4 In the event of any termination of this Agreement, the restrictions on your use of the Services as set out in this Agreement shall survive such termination, and you agree to be bound by those terms.
6.5 InfoPond may respond to alleged copyright infringement by terminating accounts of repeat infringers.
7.1 You acknowledge that assistance in using the Services is limited to that information posted on relevant InfoPond Support pages if any, and any support provided by Distributor.
7.2 You acknowledge that where part of Service requires an update to the software or Media this update may occur automatically or by notification requiring subsequent User acceptance. Some devices may permit automatic updates to be enabled or disabled.
- Privacy and Security
8.1 You acknowledge that as an application using the Internet the Service is subject to various security and privacy issues and that by using the Services you may be subject to various risks, including but not limited to:
(i) Exposure to objectionable material and/or parties, including without limitation, contaminated files.
(ii) Unauthorised invasion of your privacy during, or as a result of, your use or another user’s use of the Service.
(iii) Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, “imposturing”, electronic trespassing, tampering, hacking, nuking, Service contamination including without limitation use of viruses worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your electronic device and other forms of activity that may be considered unlawful.
(iv) Unauthorised exposure of information and material you listed or sent, on or through the Services, to other users, the general public or any other specific entities for which the information and material was not intended by you.
8.2 Notwithstanding the risks in paragraph above, InfoPond will undertake its best endeavours to reduce the above risks and prevent them occurring. Due to the nature of the Internet InfoPond does not provide any guarantees that the above and or like risks will not occur and InfoPond is does not accept liability where they do occur.
8.3 If you do not wish to be subjected to these risks, you are advised not to use the Services.
8.4 You are advised that the Services should not be used for purposes you consider Private and Confidential, that you do not wish to be publicly accessible.
8.5 You agree that InfoPond is not required to monitor, control or endorse Media provided by Users including but not limited to concepts, ideas, views, opinions, beliefs, text, image, graphics and video.
8.6 InfoPond reserves the right at all times to disclose necessary information concerning your use of the Service without prior notification to satisfy any applicable law, regulation or legal process.
8.7 You acknowledge that your “Publisher Name” used by the Service is available to and may be seen by all Users of the Services.
- Changes to Services
9.1 InfoPond constantly changes and improves Services. InfoPond reserves the right to amend Services and this Agreement. InfoPond will provide notice of changes to this Agreement as and when changes are implemented. If you do not wish to be governed by the amended Agreement you may terminate your use of the Service by complying with the appropriate clause(s).
9.2 InfoPond reserves the right to introduce charges for the use of Services previously provided free of charge. Where InfoPond intends to introduce charges for the use of Services previously provided free of charge, it will provide notice of this intention. If you do not wish to be governed by the amended Agreement you may terminate your use of the Service by complying with the appropriate clause(s).
9.3 InfoPond may at its sole discretion at any time, modify or discontinue the provision of the Services without prior notification to you.
9.4 InfoPond may at its sole discretion at any time terminate or suspend your use of the Services without prior notification to you where InfoPond identifies you are in breach of this Agreement.
10.1 Unless legally incapable of exclusion, the Services are provided “as is” without warranties of any kind, either express or implied, including but not limited to warranties that the Services are:
(i) Free of defects or errors
(iii) Able to meet any requirements of you or anyone else
(iv) Able to operate on an uninterrupted basis
(vi) Fit for a particular purpose
(vii) Virus free
10.2 You acknowledge that InfoPond has little control over the content to which you may be exposed whilst using the Services and you assume full responsibility for the risks of using the Services.
11 Limitation of Liability
11.1 You agree that your use of the Service will be at your own risk. InfoPond and Distributor(s) make no express or implied warranties about the accuracy or completeness of Media displayed by Service or completeness of Service.
11.2 To the fullest extent permitted by law, InfoPond and Distributor(s), their officers, directors, employees, agents, volunteers and licensors disclaim all warranties, express of implied, in connection with Service, all Media and your use thereof.
11.3 If the Service is found to be defective InfoPond will rectify the defect at its sole discretion. InfoPond’s liability is limited to this only.
11.4 Neither InfoPond, its officers, directors, employees, agents or Distributor shall be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to lost profits and lost data, in any way arising out of or relating to the use of the Services. Where the exclusion or limitation of liability for consequential or incidental damages is not permitted by law, liability shall be limited to the extent permitted by law.
12 Injunctive Relief
12.1 Disclosure or misuse of any of InfoPond’s proprietary and confidential information contained in or relating to the Services will give rise to irreparable injury to InfoPond that would be inadequately compensated for in damages alone. Accordingly, InfoPond may seek and obtain injunctive relief against the breach or threatened breach of the aforementioned undertakings, in addition to any other legal remedies that may be available.
13.1 If any part of this Agreement is held to be invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions remain in full force and effect. If a conflict occurs between these terms and any additional terms, the additional terms will take precedent and control for the conflict. This Agreement is governed by the laws of the State of Victoria, Australia and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Services resides in the Federal and State courts of the State of Victoria, Australia.
13.2 Reference to:
(a) a reference to a clause in this Agreement represents all sub-clauses to the clause;
(b) one gender includes the other genders;
(c) the singular includes the plural and vice versa;
(d) a Party includes the Party’s executors, administrators, successors and permitted assigns; and
(e) a statute, regulation or provision of a stature or regulation (“Statutory Provision”) includes:
(i) that Statutory Provision as amended or re-enacted from time to time; and
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision.
13.3 Headings and use of bold text are for convenience only and do not affect the interpretation, or form part of this Agreement.
13.4 Clause numbers are for purposes of reference only.
13.5 “Including” and similar expressions are not words of limitation.
13.5 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
13.7 References to Dates and Times are made in respect of Australian Eastern Standard Time.
13.8 The terms of this Agreement may not be amended or modified by you. InfoPond reserves the right to transfer, assign, sublicense or pledge in any manner whatsoever any of its rights or obligations under this Agreement to a subsidiary, affiliate, successor thereof or any third party whatsoever, without notifying you or receiving your consent.
13.9 If User does not comply with these terms and InfoPond do not take immediate action under these terms this does not indicate InfoPond are giving up any rights it has under these terms.
14.1 Any notice given by InfoPond in connection with this Agreement shall be in writing and shall be delivered by email to the email address provided by the User at the time of registration or as appropriately provided by the User.
15.1 This privacy section discloses the privacy practices for InfoPond the provider of Services. If you believe InfoPond are not abiding to terms stated in this privacy section you may contact InfoPond via their Contact Us form informing them of your specific concern.
15.2 Information Collection and Use
InfoPond and the Distributor mutually own information collected via Services. We will not sell, share, or rent this information to others in ways different from that which is disclosed in this statement. If you have accessed Services through any channel other than directly with InfoPond we advise you to read the Privacy Statement of that channel. InfoPond may collect information from Users at different points in the use of Services.
In order to upload information to the Service, a user must first complete the registration form. During registration a user is required to give their contact information such as name and email address. This information is used to contact the user about Services and manage use of Services. It is optional for the user to provide any requested demographic information but encouraged so we can provide a more personalized experience on our site.
A cookie is a piece of data placed by the Service and stored on the User’s electronic device. It may contain information about the user but is not linked to personally identifiable information such as User name. Cookies enable the Service to track User’s interests and in doing so enhance User’s experience of our Services. InfoPond may allow other companies such as Google to present promotions within Services. In such cases these third parties may seek to place cookies on your device. Other companies’ use of their cookies is subject to their own privacy policies, not this one.
15.5 Service Information Updates and Newsletter
Contributing Users, these are Users who have registered to upload and contribute media to the Service: as a condition of subscribing to the ability to upload Media to the Service all Contributing Users must agree to receive newsletters and information pertaining to Services and Service maintenance and updates from InfoPond and Distributor.
15.6 Surveys & Contests
From time-to-time InfoPond and or Distributor may request information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose information. Information requested may include contact information such demographic information. Survey information will be used solely for the purposes described at the time of survey offering.
If a user elects to use InfoPond referral service to inform a friend about Services, then Services will seek friend’s name and email address. InfoPond will automatically send the friend a one-time email inviting them to visit the nominated web address and subscribe to the Service. Service temporarily maintains this information for the sole purpose of sending this one-time email and then automatically deletes the information.
InfoPond takes precautions to protect Service from intrusion. Service utilises third-party providers such as Amazon Web Services as System host and Google for registration and authentication services. We encourage Users to refer to the relevant Amazon and Google pages to understand the measures taken by these providers in the protection of User information and Media.
InfoPond Contact Information
Corporate: Ideatum Pty Ltd ACN 616632912
Address: 41 Drummond Street. Carlton, Victoria, Australia
email: [email protected]