These Terms of Use constitute a legally binding agreement made between you, whether personallyor on behalf of an entity (“you)and Blink Plus Pty Ltd ("we," "us" or "our"), concerning your access toand use of our mobile application and/or website (where relevant) (the "Application").
You agree that by accessing the Application, you have read, understood, and agree to be bound byall of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLYPROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USEIMMEDIATELY.
Supplemental Terms of Use or documents that may be posted on the Application from time to timeare hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,to make changes or modifications to these Terms of Use at any time and for any reason. We willalert you about any changes by updating the "Last updated" date of these Terms of Use and youwaive any right to receive specific notice of each such change. It is your responsibility to periodicallyreview these Terms of Use to stay informed of updates. You will be subject to, and will be deemed tohave been made aware of and to have accepted, the changes in any revised Terms of Use by yourcontinued use of the Application after the date such revised Terms are posted.
The information provided on the Application is not intended for distribution to or use by any person orentity in any jurisdiction or country where such distribution or use would be contrary to law orregulation or which would subject us to any registration requirement within such jurisdiction orcountry.
Accordingly, those persons who choose to access the Application from other locations do so on theirown initiative and are solely responsible for compliance with local laws, if and to the extent local lawsare applicable.
The Application is intended for users who are at least 18 years old. Persons under the age of 18 arenot permitted to register for the Application.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Application is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text, photographs, and graphics onthe Application (collectively, the "Content") and the trademarks, service marks, and logos containedtherein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyrightand trademark laws and various other intellectual property rights and unfair competition laws ofAustralia, foreign jurisdictions, and international conventions. The Content and the Marks areprovided on the Application "AS IS" for your information and personal use only. Except as expresslyprovided in these Terms of Use, no part of the Application and no Content or Marks may be copied,reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.
Provided that you are eligible to use the Application, you are granted a limited license to access anduse the Application and to download or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, noncommercial use. We reserve all rights notexpressly granted to you in and to the Application, Content, and the Marks.
USER REPRESENTATIONS
By using the Application, you represent and warrant that: (1) all registration information you submitwill be true, accurate, current, and complete; (2) you will maintain the accuracy of such informationand promptly update such registration information as necessary; (3) you have the legal capacity andyou agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) you are not aminor in the jurisdiction in which you reside, or if a minor, you have received parental permission touse the Site and/or Application; (6) you will not access the Application through automated ornon-human means, whether through a bot, script or otherwise; (7) you will not use the Application forany illegal or unauthorized purpose; and (8) your use of the Application will not violate any applicablelaw or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the rightto suspend or terminate your account and refuse any and all current or future use of theApplication(or any portion thereof) without notice to you.
USER REGISTRATION
You may be required to register with the Application. You agree to keep your Personal IdentificationNumber confidential and will be responsible for all use of your account and Personal IdentificationNumber.
PROHIBITED ACTIVITIES
You may not access or use the Application for any purpose other than that for which we make theApplication available. The Application may not be used in connection with any commercialendeavors except those that are specifically endorsed or approved by us.
As a user of the Application, you agree not to:
USER GENERATED CONTRIBUTIONS The Application may invite you to chat, contribute to, or participate in blogs, message boards, onlineforums, and other functionality, and may provide you with the opportunity to create, submit, post,display, transmit, perform, publish, distribute, or broadcast content and materials to us or on theApplication, including but not limited to text, writings, video, audio, photographs, graphics,comments, suggestions, or personal information or other material (collectively, "Contributions").Contributions may be viewable by other users of the Application and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and nonproprietary. Whenyou create or make available any Contributions, you thereby represent and warrant that:
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in,among other things, termination or suspension of your rights to use the Application. CONTRIBUTION LICENSE By posting your Contributions to any part of the Application, or making Contributions accessible tothe Application by linking your account from the Application to any of your social networkingaccounts, you automatically grant, and you represent and warrant that you have the right to grant, tous an irrevocable, unconditional, unrestricted, unlimited, irrevocable, perpetual, non-exclusive,transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce,disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publiclydisplay, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions(including, without limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions,and grant and authorize sublicenses of the foregoing. The use and distribution may occur in anymedia formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, andincludes our use of your name, company name, and franchise name, as applicable, and any of thetrademarks, service marks, trade names, logos, and personal and commercial images you provide.You waive all moral rights in your Contributions, and you warrant that moral rights have nototherwise been asserted in respect of your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in anyarea on the Application. You are solely responsible for your Contributions to the Application and youexpressly agree to irrevocably release us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in more appropriate locations onthe Application; and (3) to pre-screen or delete any Contributions at any time and for any reason,without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Application to leave reviews or ratings. When posting a review,you must comply with the following criteria: (1) you should have firsthand experience with theperson/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive,racist, offensive, or hate language; (3) your reviews should not contain discriminatory referencesbased on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;(4) your reviews should not contain references to illegal activity; (5) you should not be affiliated withcompetitors if posting negative reviews; (6) you should not make any conclusions as to the legality ofconduct; (7) you may not post any false or misleading statements; and (8) you may not organize acampaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation toscreen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of anyof our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, orlosses resulting from any review. By posting a review, you hereby grant to us a perpetual,non-exclusive, worldwide, royalty free, fully-paid, assignable, and sublicensable right and license toreproduce, modify, translate, transmit by any means, display, perform, and/or distribute all contentrelating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Application via a mobile application, then we grant you a revocable, non-exclusive,non-transferable, limited right to install and use the mobile application on wireless electronic devicesowned or controlled by you, and to access and use the mobile application on such devices strictly inaccordance with the Terms of Use of this mobile application license contained in these Terms of Use.You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the application; (2) make any modification, adaptation, improvement, enhancement,translation, or derivative work from the application; (3) violate any applicable laws, rules, orregulations in connection with your access or use of the application; (4) remove, alter, or obscureany proprietary notice (including any notice of copyright or trademark) posted by us or the licensorsof the application; (5) use the application for any revenue generating endeavor, commercialenterprise, or other purpose for which it is not designed or intended; (6) make the applicationavailable over a network or other environment permitting access or use by multiple devices or usersat the same time; (7) use the application for creating a product, service, or software that is, directlyor indirectly, competitive with or in any way a substitute for the application; (8) use the application tosend automated queries to any website or to send any unsolicited commercial e-mail; or (9) use anyproprietary information or any of our interfaces or our other intellectual property in the design,development, manufacture, licensing, or distribution of any applications, accessories, or devices foruse with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store orGoogle Play (each an "App Distributor") to access the Application: (1) the license granted to you forour mobile application is limited to a non-transferable license to use the application on a device thatutilizes the Apple iOS or Android operating systems, as applicable, and in accordance with theusage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible forproviding any maintenance and support services with respect to the mobile application as specifiedin the Terms of Use of this mobile application license contained in these Terms of Use or asotherwise required under applicable law, and you acknowledge that each App Distributor has noobligation whatsoever to furnish any maintenance and support services with respect to the mobileapplication; (3) in the event of any failure of the mobile application to conform to any applicablewarranty, you may notify the applicable App Distributor, and the App Distributor, in accordance withits terms and policies, may refund the purchase price, if any, paid for the mobile application, and tothe maximum extent permitted by applicable law, the App Distributor will have no other warrantyobligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i)you are not located in a country that is subject to a U.S. government embargo, or that has beendesignated by the U.S. or Australian government as a “terrorist supporting” country and (ii) you arenot listed on any U.S. or Australian government list of prohibited or restricted parties; (5) you mustcomply with applicable third-party terms of agreement when using the mobile application, e.g., if youhave a VoIP application, then you must not be in violation of their wireless data service agreementwhen using the mobile application; and (6) you acknowledge and agree that the App Distributors arethird-party beneficiaries of the Terms of Use in this mobile application license contained in theseTerms of Use, and that each App Distributor will have the right (and will be deemed to have acceptedthe right) to enforce the Terms of Use in this mobile application license contained in these Terms ofUse against you as a third-party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Application ("Submissions") provided by you to us are non-confidential andshall become our sole property. We shall own exclusive rights, including all intellectual propertyrights, and shall be entitled to the unrestricted use and dissemination of these Submissions for anylawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You
hereby waive all moral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit such Submissions. You agreethere shall be no recourse against us for any alleged or actual infringement or misappropriation ofany proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Application may contain (or you may be sent via the Application) links to other websites("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music,sound, video, information, applications, software, and other content or items belonging to ororiginating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-PartyContent are not investigated, monitored, or checked for accuracy, appropriateness, or completenessby us, and we are not responsible for any Third-Party Websites accessed through the Application orany Third-Party Content posted on, available through, or installed from the Application, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of orcontained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, orpermitting the use or installation of any Third-Party Websites or any Third-Party Content does notimply approval or endorsement thereof by us. If you decide to leave the Application and access theThird-Party Websites or to use or install any Third-Party Content, you do so at your own risk, andyou should be aware these Terms of Use no longer govern. You should review the applicable termsand policies, including privacy and data gathering practices, of any website to which you navigatefrom the Application or relating to any applications you use or install from the Application. Anypurchases you make through Third-Party Websites will be through other websites and from othercompanies, and we take no responsibility whatsoever in relation to such purchases which areexclusively between you and the applicable third party. You agree and acknowledge that we do notendorse the products or services offered on Third-Party Websites and you shall hold us harmlessfrom any harm caused by your purchase of such products or services. Additionally, you shall hold usharmless from any losses sustained by you or harm caused to you relating to or resulting in any wayfrom any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of theApplication, such as sidebar advertisements or banner advertisements. If you are an advertiser, youtake full responsibility for any advertisements you place on the Application and any servicesprovided on the Application or products sold through those advertisements. Further, as an advertiser,you warrant and represent that you possess all rights and authority to place advertisements on theApplication, including, but not limited to, intellectual property rights, publicity rights, and contractualrights. As an advertiser, you agree that such advertisements are subject to our Digital MillenniumCopyright Act ("DMCA") Notice and Policy provisions as described below, and you understand andagree there will be no refund or other compensation for DMCA takedown-related issues. We simplyprovide the space to place such advertisements, and we have no other relationship with advertisers.
APP MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Application for violations of theseTerms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violatesthe law or these Terms of Use, including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit theavailability of, or disable (to the extent technologically feasible) any of your Contributions or anyportion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from theApplication or otherwise disable all files and content that are excessive in size or are in any wayburdensome to our systems; and (5) otherwise manage the Application in a manner designed toprotect our rights and property and to facilitate the proper functioning of the Application.
PRIVACY POLICY
We care about data privacy and security. By using the Application, you agree to be bound by ourPrivacy Policy, which is incorporated into these Terms of Use. Please be advised the Application ishosted in Australia. If you access the Application from the European Union, Asia, or any other regionof the world with laws or other requirements governing personal data collection, use, or disclosurethat differ from applicable laws in Australia, then through your continued use of the Application orServices, you are transferring your data to Australia, and you expressly consent to have your datatransferred to and processed in Australia. Further, we do not knowingly accept, request, or solicitinformation from children or knowingly market to children.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on orthrough the Application infringes upon any copyright you own or control, please immediately notifyus using the contact information provided below (a "Notification"). A copy of your Notification will besent to the person who posted or stored the material addressed in the Notification. Please beadvised that you may be held liable for damages if you make material misrepresentations in aNotification. Thus, if you are not sure that material located on or linked to by the Application infringesyour copyright, you should consider first seeking legal advice.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Application. WITHOUTLIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO,IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO ANDUSE OF THE SITE AND THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES),TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUTLIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANTCONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WEMAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND APPLICATION OR DELETEYOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name of any third party,even if you may be acting on behalf of the third party. In addition to terminating or suspending youraccount, we reserve the right to take appropriate legal action, including without limitation pursuingcivil, criminal, and injunctive actions.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Application at any time or forany reason at our sole discretion without notice. However, we have no obligation to update anyinformation on our Application. We also reserve the right to modify or discontinue all or part of theApplication without notice at any time. We will not be liable to you or any third party for anymodification, price change, suspension, or discontinuance of the Application.
We cannot guarantee the Application will be available at all times. We may experience hardware,software, or other problems or need to perform maintenance related to the Application, resulting ininterruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue,or otherwise modify the Application at any time or for any reason without notice to you. You agreethat we have no liability whatsoever for any loss, damage, or inconvenience caused by your inabilityto access or use the Application during any downtime or discontinuance of the Application. Nothingin these Terms of Use will be construed to obligate us to maintain and support the Application or tosupply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Application that contains typographical errors, inaccuracies, oromissions that may relate to the Application, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, or omissions and tochange or update the information on the Application at any time, without prior notice.
DISCLAIMER
THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THATYOUR USE OF THE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING,WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’SCONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APPLICATION AND WEWILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USEOF THE APPLICATION, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJANHORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATIONBY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THEUSE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THEAPPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILLNOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE BEFOREMNETIONED TO THE FULL EXTENT PERMITTED BY THE APPLICABLELAW, WE AND/OR OUR DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSOR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY THAT:
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, APPLICATION AND ANY LINKED WEBSITEIS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
LIMITATIONS OF LIABILITY
(a) Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENTWILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSTREVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THEAPPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.
(b) Absolute Cap on Liability. WHERE LIABILITY MAY NOT BE EXCLUDED UNDER THEAPPLICABLE LAW BUT MAY BE LIMITED, THE MAXIMUM, AGGREGATE LIABILITY OF US
AND/OR OUR DIRECTORS, EMPLOYEES OR AGENTS UPON ANY CLAIMS HOWSOEVER ARISINGOUT OF OR RELATING TO THESE TERMS OF USE OR ANY PRODUCTS OR SERVICESFURNISHED OR TO BE FURNISHED BY US AND/OR OUR DIRECTORS, EMPLOYEES OR AGENTSUNDER THESE TERMS OF USE WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE DIRECTDAMAGES ACTUALLY INCURRED BY YOU UP TO THE AMOUNT PAID BY YOU TO US UNDERTHESE TERMS OF USE FOR THE APPLICABLE PRODUCTS AND/OR SERVICES (AND IF NOAMOUNT HAS BEEN PAID OR IS TO BE PAID TO US AND OR OUR DIRECTORS, EMPLOYEES ORAGENTS, THEN THE LIMIT SHALL BE $AUD50.
(c) BasisoftheBargain;FailureofEssentialPurpose.YouacknowledgethatWehavesetourand entered into these Terms of Use in reliance upon the Warranty Disclaimer andLimitation of Liability set forth in these Terms of Use, and that the same form an essentialbasis of the bargain between the parties. The parties agree that the Limitation of Liabilityspecified in these Terms of Use will survive and apply even if the Warranty Disclaimer or anylimitation of remedies is found to have failed of its essential purpose.
(d) Notwithstanding any other provisions contained herein, where any Act of Parliament impliesany term into these Terms of Use, and that Act avoids or prohibits provisions in a contractexcluding or modifying such term, that term shall be deemed to be included in these Termsof Use, but our liability (and any liability of our Directors, Employees or Agents) for breach ofthat term shall be limited in one or more of the ways (at our option) permitted by therelevant Act.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all ofour respective officers, directors, agents, partners, and employees, from and against any loss,damage, liability, claim, or demand, including reasonable legal fees and expenses, made by anythird party due to or arising out of: (1) your Contributions; (2) use of the Site and/or Application or theApplication; (3) breach of these Terms of Use; (4) any breach of your representations and warrantiesset forth in these Terms of Use; (5) your violation of the rights of a third party, including but notlimited to intellectual property rights; or (6) any overt harmful act toward any other user of the Siteand/or Application with whom you connected via the Site and/or Application. Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusive defence and control of anymatter for which you are required to indemnify us, and you agree to cooperate, at your expense, withour defense of such claims. We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site and/or Application for the purpose ofmanaging the Site and/or Application, as well as data relating to your use of the Site and/or
Application. Although we perform regular routine backups of data, you are solely responsible for alldata that you transmit or that relates to any activity you have undertaken using the Site and/orApplication. You agree that we shall have no liability to you for any loss or corruption of any suchdata, and you hereby waive any right of action against us arising from any such loss or corruption ofsuch data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site and/or Application, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications, and you agree thatall agreements, notices, disclosures, and other communications we provide to you electronically, viaemail and on the Site and/or Application, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITEAND/OR APPLICATION. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the granting of credits by anymeans other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Application constitutethe entire agreement and understanding between you and us. Our failure to exercise or enforce anyright or provision of these Terms of Use shall not operate as a waiver of such right or provision.These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of ourrights and obligations to others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provisionor part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severed from these Terms of Use and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture, partnership,employment or agency relationship created between you and us as a result of these Terms of Use oruse of the Site and/or Application. You agree that these Terms of Use will not be construed againstus by virtue of having drafted them. You hereby waive any and all defenses you may have based onthe electronic form of these Terms of Use and the lack of signing by the parties hereto to executethese Terms of Use
APPLICABLE LAW
You agree that these Terms of Use, your use of the Site and the Application, shall be governed byand interpreted in accordance with the laws of Queensland, Australia. You irrevocably andunconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts ofappeal therefrom. In terms of the enforceability of these Terms of Use, for the avoidance of doubt,these Terms of Use shall be deemed “in writing” and “accepted” by both parties.
FORCE MAJEURE
Neither party shall be under any liability to the other in respect of anything which, apart from thisprovision, may constitute a breach of these Terms of Use arising by reason of force majeure,namely, circumstances beyond the control of the either party which shall include (but shall not belimited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident,embargo, riot, acts of war (declared or undeclared), terrorism, civil commotion, pandemic, acts oflocal government and parliamentary authority; inability to supply software or the Application,materials, breakdown of equipment and labour disputes of whatever nature and for whatever causearising including (but without prejudice to the generality of the foregoing) work to rule, overtimebars, strikes and lockouts and whether between either of the parties hereto and any or all of itsemployees and/or any other employer and any or all of its employees and/or between any two ormore groups of employees (and whether of either of the parties hereto or any other employer).
CONTACT US
In order to resolve a complaint regarding the Application or to receive further information regardinguse of the Application, please contact us at:
BLINK PLUS PTY LTD
253-255 David Low Way, Peregian Beach QLD 4573
Kieran Courtney - CEOkieran@blinkplus.io