Terms and Condition

TERMS AND CONDITIONS

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Welcome to Safie!

The terms and conditions set out in this document; and (“Terms of Use”) comprise the agreement between Safie App Pty Limited (ACN 641 890 815) (“we”, “us” or “our”) and you (“Agreement”).

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Your use of our Website located at www.safie.com.au ("Website") and smart phone application ("App") indicates that you have read and accepted these Terms of Use and you warrant that you have the legal capacity to accept these Terms of Use. If you do not unconditionally agree to these Terms of Use, you have no right to use the Website or App.

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We are committed to protecting your privacy. Our privacy policy is available on our website at www.safie.com.au/privacy. By agreeing to these Terms of Use, you also agree to the terms in our privacy policy.

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1. Licence

1.1 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use our Website and App for your personal use in accordance with these Terms of Use.

1.2 The licence under clause 1.1 does not grant you any ownership rights nor any other right or licence of any kind except as expressly set out above including, without limitation, any right to obtain possession of any source code, data or other technical materials in relation to the Website or App), in respect of any of the Website or App, or the Intellectual Property Rights or proprietary information belonging to us or our licensors, including without limitation where they form part of the Website or App.

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2. Our intellectual property rights

2.1 Our Website and App contain material which is owned by or licensed to us and is protected by international laws, including without limitation the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website and App.

2.2 We own the copyright which subsists in all creative and literary works displayed on our Website and App.

2.3 As between you and us, we own all the intellectual property rights in our Website and App and nothing in these Terms of Use constitutes a transfer of the ownership of any intellectual property rights to you.

2.4 Your use of our Website and App does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website or App without the express written permission of the owner.

2.5 Should the Website and/or App become, or in our opinion is likely to become, the subject of a claim of infringement, we may, at our option:
(a) obtain the right for you to continue using the Website and/or App (as applicable);
(b) replace or modify the Website and/or App (as applicable) so it is no longer infringing or reduces the likelihood that it will be determined to be infringing, or
(c) if neither of the foregoing options is commercially reasonable, terminate the access and use of the Website and/or App (as applicable).
2.6 Upon termination under 2.5(c), you shall cease accessing the Website and/or App (as applicable).
2.7 The Website and/or App may contain third party software that requires notices and/or additional terms and conditions (“Third-Party Terms”). By accepting these Terms of Use, you are taken to have accepted these Third-Party Terms (if any).

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3. Content

3.1 We may allow you to post content on our Website and App ("User Content"). You are solely responsible for the User Content that you post on our Website and App.

3.2 When you add User Content to our Website and App, you:

(a) warrant that you have all necessary rights and/or necessary consents to post the User Content;

(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way (including without limitation reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same;

(c) consent to any act or omission by us or authorised by us which would otherwise constitute an infringement of your moral rights, and if you add any User Content in which any third party has moral rights, you must ensure that the third party consents in the same manner; and

(d) agree that we are permitted to run data analytics on your User Content for the purposes of supporting the provision and development of the Website and App and machine learning.

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4. Prohibited conduct

4.1 You must not:

(a) use our Website or App for any activities, or post or transmit any material from our Website or App:

(i) unless you hold all necessary rights, licences and consents to do so;

(ii) that infringes the intellectual property or other rights of any person;

(iii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(iv) that defames, harasses, threatens, menaces or offends any person;

(v) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory,
blasphemous, in breach of confidence or in breach of privacy; or

(vi) that would bring us, or our Website or App, into disrepute;

(b) use our Website or App to transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation photographs, personal contact information or credit card details);

(d) perform any acts which would damage, interfere with or inhibit the use of our Website and App;

(e) use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the commonly recognised search engine and agents and other generally available third party web browsers;

(f) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of our Website or App;

(g) engage in any screen scraping or data acquisition and consolidation;

(h) alter or modify, or attempt to alter or modify, any of the code or material on our Website or App;

(i) cause any of the material on our Website or App to be framed or embedded in another website;

(j) create derivative works from the contents of our Website or App; or

(k) advocate, encourage or assist any third party in doing any of the foregoing.

4.2 We reserve the right to amend or delete any and all User Content and to block you from our Website and App if we believe that you have violated these Terms of Use.

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5. Information

5.1 Any information made available on our Website or App, including any recommendations, statements and opinions contained on our Website or App whether published by us or any other user (Information), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk.

5.2 Before acting on any Information, we recommend that you:

(a) consider whether it is appropriate for your personal circumstances;

(b) carry out your own research; and

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6. Third party links

6.1 Our Website and App may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse, sponsor or approve any such third-party sites, information, materials, products or services.

6.2 If you access any third party website, service or content via our Website or App, you do so at your own risk. We will have no liability arising from your use of or access to any third-party website, service or content.

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7. Accessibility

7.1 Whilst we take all reasonable steps to minimise any delays and interruptions to your use of our Website and App, we cannot warrant that our Website and App will be available at all times or at any given time.

7.2 We are not responsible for any delays or interruptions which affect your ability to use our Website or App.

7.3 We may, at any time and without notice, discontinue our Website or App, and we are not responsible for any loss, cost, damage or liability which may result from such discontinuance.

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8. Liability

8.1 To the maximum extent permitted by law, our Website and App are provided to you without warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that:

(a) the functions contained in any material in our Website or App or your access to our Website or App will be error free;

(b) any defects on our Website or App will be corrected;

(c) our Website, App or server which stores and transmits material to you, are free of viruses or any other harmful components; or

(d) our Website or App will operate on a continuous basis or be available at any time.

8.2 You acknowledge and agree that we are not responsible for and will not accept liability for any User Content which you or any other user or third party posts or transmits using our Website or App. You understand and agree that you may be exposed to User Content that is inaccurate, inappropriate, defamatory, offensive or otherwise unsuited to your purpose.

8.3 To the maximum extent permitted by law:

(a) we make no representations or warranties (express or implied) in relation to the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or graphics published on our Website or App; and

(b) we exclude:

(i) all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use; and

(ii) all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from your use of our Website or App.

8.4 ANY AND ALL OF SOFTWARE AND ANY OTHER TECHNOLOGY OR MATERIALS PROVIDED BY US TO YOU ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE OR APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR USER CONTENT. YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT AND THAT NO ACCOUNTING, FINANCIAL OR LEGAL ADVICE OR COUNSEL IS GIVEN OR SHALL BE DEEMED TO HAVE BEEN
GIVEN BY THE WEBSITE OR APP.

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9. Indemnity

9.1 You indemnify us for all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by us and any of our officers, employees or agents, which arise out of or are connected to:

(a) your use or access to our Website or App;

(b) your breach of these Terms of Use; or

9.2 The indemnity under clause 9.1 will survive the termination of these Terms of Use.

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10. Termination

10.1 We may, without notice to you, terminate this Agreement, deactivate your account and/or block you from accessing our Website and App if:
(a) we believe you have violated the Terms of Use; or
(b) you are subject to bankruptcy or insolvency proceedings.

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11. Assignment

11.1 These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party. However, these Terms of Use may be assigned by us, at any time, without notice to you.

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12. Waiver

12.1 If we fail to exercise or delay in exercising the right, power or remedy, we do not waive the right, power or remedy.

12.2 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

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13. Enforceability

13.1 Any of these Terms of Use that are wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Terms of Use is not affected.

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14. Dispute Resolution
14.1 If a dispute arises under these Terms of Use, either party may at any time give written notice to the other, requesting that a meeting take place to seek to resolve the dispute.
14.2 Nominated representatives of the parties must meet within seven days of the notice and endeavour to resolve the dispute in good faith.
14.3 If the meeting referred to in clause 14.2 does not take place within the required timeframe, or the dispute is not resolved within 7 days after the parties first meet, then either party may refer the matter for mediation and a mediator appointed in accordance with clause 14.4, 14.5 and 14.6.
14.4 The parties must take the steps set out in this clause 14, before either may commence court proceedings other than an interlocutory application.

14.5 If a party refers a dispute to mediation the mediation will be administered by the Australian Commercial Disputes Centre (“ACDC”) and will be conducted in accordance with the ACDC Mediation Guidelines which set out the procedures to be adopted, the process of selection of the mediator and the costs involved and the terms of those Guidelines are incorporated into this document.
14.6 If the mediation has not commenced within thirty (30) days after a party referred the dispute to mediation, or the dispute remains unresolved thirty (30) days after the appointment of the mediator, either party may pursue its rights at law.
14.7 During a dispute, each party must continue to perform its obligations under these Terms of Use.
14.8 Each party must bear its own costs in connection with the mediation and must share the fees and expenses of the mediator and mediation process equally, including any fees and expenses associated with the appointment of the mediator.

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15. Entire Agreement
15.1 The Agreement constitutes the entire agreement between you and us in connection with the Application and will supersede all previous communications (either oral or written) between you and us with respect to the subject matter of the Agreement.
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16 Survival
16.1 The provisions of this Agreement that by their nature survive termination or expiry of the Agreement will do so.

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17. Governing law

17.1 These Terms of Use are governed by and construed in accordance with the law for the time being in force in the State of New South Wales and you, by agreeing to these Terms of Use, are deemed to have submitted to the non-exclusive jurisdiction of the courts of the State of New South Wales and courts of appeal from those courts.
17.2 Our Website and App may be accessible from outside of Australia. We make no representation that our Website or App complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website or App from outside UK, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website or App.