Terms of Use
- Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual (“you”) of applications, websites, content, products, and services (the “Services”) made available by Veemance Pty Ltd, a private limited liability company established in Australia, ABN 56 637 714 222 (“Veemance”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Veemance. If you do not agree to these Terms, you may not access or use the Services. Veemance may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Veemance may amend the Terms related to the Services from time to time. Amendments will be effective upon Veemance’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms and Veemance Privacy Policy, as amended. Our collection and use of personal information in connection with the Services is as provided in Veemance’s Privacy Policy located at www.veemance.com.au/privacypolicy - Pre-Condition for Membership and subscription
- you must be at least 18 years old to use the Services.
- you must provide accurate information.
- you can only have one profile.
- you have not previously been banned from using our Services.
Should we learn or be notified that you have breached any of the above conditions, we will immediately delete your account and, to the extent permitted by applicable laws and regulations, no refunds will be offered. - The Services
The Services constitute a technology platform that enables users of Veemance’s website or mobile app provided as part of the free and chargeable Services (each, an “Application”) to access Veemance features and Services which may include, but is not limited to, creating a profile, registering and subscribing to Veemance through free and paid memberships, communicating with other members and other chargeable services, under agreement with Veemance. The scope and type of Services may be varied from time to time at Veemance’s sole discretion. - License
Subject to your compliance with these Terms, Veemance grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services (the “Content”). Any rights not expressly granted herein are reserved by Veemance. The Services and all rights therein are and shall remain Veemance’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Veemance’s company names, logos, product and service names, trademarks or services marks. - Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Veemance; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorised access to or impair any aspect of the Services or their related systems or networks; (vii) use the Application, or the Content for any commercial or other purposes that are not expressly permitted by these Terms; (viii) use the Application or Content in connection with the distribution of unsolicited commercial email or advertisements unrelated to the Services; (ix) accept or make a payment to a Third Party Provider for its services not through the Application; and (x) use the Application or the Content to find a Third Party Provider and then acquire its services independently of the Application in order to circumvent the obligation to pay any part of the Charges. - Your Use of the Services
a. User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to Veemance certain personal information, such as your name, address, contact details, and your location, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Veemance terminating your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Veemance in writing, you may only operate one active Account at any given time.
b. User Requirements and Conduct
You may not authorise third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage to any other party, behave inappropriately, or in any way abuse or harass any third party, irrespective of whether or not that party holds an Account with Veemance.
c. User Provided Content
Veemance may, in Veemance’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Veemance through the Services textual and/or visual content and information both about you and commentary and feedback related to the Services, including support submissions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Veemance, you grant Veemance a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Veemance’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Veemance the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Veemance’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Veemance in its sole discretion, whether or not such material may be protected by law. Veemance may, but shall not be obligated to, review, monitor, or remove User Content, at Veemance’s sole discretion and at any time and for any reason, without notice to you.
d. Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees will apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Veemance does not guarantee that the Services, or any portion thereof, will function on any particular hardware, devices, operating system, browser, or other third party software. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. - Payment
You understand that use of the Services will result in charges to you for the services or goods you receive which may include processing fees and other fees payable to Veemance or to other third parties (collectively “Charges”). After you have received services or goods obtained through your use of the Service, Veemance will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law.
The price and payment options and procedures are permanently accessible on the Veemance’s website. Charges paid by you are final and non-refundable, unless otherwise determined by Veemance.
All Charges are due immediately upon booking the Services and payment will be facilitated by Veemance using the preferred payment method designated in your Account, after which you are able to access a receipt in your Settings. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Veemance may use a secondary payment method in your Account, if available.
As between you and Veemance, Veemance reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Veemance’s sole discretion. Veemance will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
All paid memberships are automatically renewed on the date their subscription expires. If you do not want your paid membership to automatically renew, you must cancel your paid membership at least 48 hours before the date of renewal of the subscription. - Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. VEEMANCE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, VEEMANCE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VEEMANCE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS OR WHEN USING THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
VEEMANCE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY (WHETHER PHYSICAL OR PSYCHOLOGICAL) OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, INCLUDING IN CASE SUCH DAMAGE OCCURED FOLLOWING A MATCH UNDER VEEMANCE SERVICES, EVEN IF VEEMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VEEMANCE SHALL NOT BE LIABLE FOR ANY DAMAGES, PAYMENT, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF VEEMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VEEMANCE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE AND SUCCESSFUL MATCH IS NOT GUARANTEED. IN NO EVENT SHALL VEEMANCE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES PAID.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY
You agree to indemnify and hold Veemance and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) Veemance’s use of your User Content. - Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of New South Wales, excluding its rules on conflicts of laws. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any questions regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. - Other Provisions
Notice.
Veemance may give notice by means of a general notice via the Services application or website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Veemance by written communication to Veemance's email [email protected]
General.
You may not assign or transfer these Terms in whole or in part to any third party. You give your approval to Veemance for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Veemance’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Veemance or any Third-Party Provider as a result of the application of these Terms between you and Veemance or your use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms, provided that the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect or intent to the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to this subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
