Acceptance of Terms and Conditions of Service
Access to and use of this Website is provided by Ozarx Proprietary Limited (Australian Company Number 141 318 550) ("Ozarx", "we", "us" and "our") on the following conditions and any other directions or rules of use on this site ("Terms"). If you access this site (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you are taken to have accepted all changes.
Disclaimers, liability limitation and indemnity
We sell and sometimes provide free of charge, mobile application services and mobile internet hosting.
Although we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on this Website, our mobile applications and mobile hosting services, information is provided on an "as is", "as available" basis and we do not give or make any warranty or representation of any kind, whether express or implied.
The use of this Website and our mobile application and mobile hosting services are entirely at your own risk. We shall not be liable for any losses or damages, whether direct or indirect, consequential, incidental, special, punitive or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption, or loss of business information) that you may suffer as a result of your use of this Website, our mobile applications or mobile hosting services, including but not limited to computer or smartphone service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorized use of the system arising from "hacking" or otherwise or your reliance on the information contained on this Website, our mobile applications or mobile hosting services.
We do not represent or warrant that our Website, our mobile applications or servers or mobile hosting services, will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
We make no representations or warranties regarding the accuracy, functionality or performance of any third party software or hardware (including computers and smartphones) that may be used in connection with this Website, our mobile applications or servers or mobile hosting services.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website or our mobile applications or servers or our mobile hosting services.
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
Payments, returns and refunds
If you are a subscriber to our services, you agree to pay for hosting services rendered in advance of each monthly or annual subscription period.
You also agree to a no-refund and no-return policy. Any monthly or annual service fees, as well as any setup, administrative or programming fees that you paid are non-refundable.
You agree to pay monthly or annual service fees even in the event of partial or full interruption of our hosting services during the subscription period or in the event of service interruption or a temporary or permanent rejection of service by various computer servers which transmit your mobile applications.
Delivery of service
If you are a subscriber to our services, you agree that the delivery of our service is limited to hosting a mobile application on our servers, viewable on smartphones only. You also agree that servicing, management or use of other electronic devices (such as desktop computers, kindles and tablets) or third-party platforms (such as external web sites or servers, external GPS systems and external databases) is not incuded your subscription.
By subscribing to our service you agree that you have reviewed and approved the delivery of a mobile application on our servers during your free trial. If you did not have a free trial, you agree that you have reviewed and approved the delivery of a mobile application on our servers within seven days after subscribing.
Without limiting any other rights and remedies available to us, we may limit your activities on the Website and mobile applications or servers, remove your content, warn other users of your actions, issue a warning to you, suspend or terminate your access to the Website, or refuse to provide our services to you and other if you breach these terms and conditions or where we consider it appropriate.
By using our services, you represent and warrant that all information, content and images you make available to us is truthful and accurate and your use of our services does not violate any applicable law or regulation.
Third Party Websites
Links contained in the Website and our mobile applications or servers, might lead to other Websites not under our control, and we accept no liability for the content or availability of any linked site which is not operated by us or any link contained in a linked site not operated by us. Links on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and we do not necessarily endorse any pages linked to the Website. Accordingly, you should read the terms and conditions of those Websites before using them and direct any questions or comments about the linked Website's contents to the relevant Website provider.
Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.
Trade marks and copyright
All copyright, trade marks and all other intellectual property rights in our Website and mobile applications or servers and their content (including but not limited to any text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials. ) included in the Website and all software and source codes connected with the Website and our mobile applications or servers is owned by Ozarx Proprietary Limited unless otherwise noted.
Proprietary rights in content
We do not claim any ownership rights in the content (including but not limited to any text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials.) that you transmit to us or otherwise make available to us. After transmitting your content to us, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose outside of our Website and mobile applications or servers. By signing up for our services or transmitting your content to us, or making your content otherwise available to us, you hereby grant us a license to use, modify, alter, publicly perform, publicly display, reproduce, and distribute such content on and through our services and furthermore to share such information to be published on the Websites and in mobile applications or servers of our affiliates or partners. Without this license, we would be unable to provide the services and would be unable to promote and publish your activities and content through our partners and affiliates to the broader community.
You represent and warrant that: (i) you own the content that you transmitted to us or made available to us, or otherwise have the right to grant the license set forth in this section, and (ii) the posting or transmission or dessamination of your content on our Website or our mobile applications does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content that you transmitted to us or made available to us. If any person makes any claim against us or our third party service suppliers, claiming that any of the content you transmitted to us or made available to us, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our third party service providers against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.
Residency and Taxes
Unless you notify us otherwise, you represent and warrant that: (i) you are not a tax-resident of Australia (ii) your business (including any of your subsidiaries) is not connected to Australia. (iii) the services provided will not be used directly or indirectly in Australia.
Applicable Law and Dispute Resolution
This Website and all our services are controlled by Ozarx Proprietary Limited from New South Wales, Australia. Any disputes must be determined in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.
Any claim that you bring against Ozarx Proprietary Limited and its officers, directors, employees and agents, that arises out of a service provided to you will be settled by binding arbitration in accordance with the commercial arbitration rules of the Australian Arbitration Association. Any such dispute or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Sydney, New South Wales, Australia, and any court of competent jurisdiction may enter a judgment on the arbitration award.
We do not warrant that the content of this Website complies with the laws of any country outside of Australia. If you access this Website from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us. Nothing on this Website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.