These Terms of Use (“Terms”) apply to all Subscribers to the Connec App (“the App”). The App is owned and operated by Connec Worldwide Pty Ltd t/a Connec (“we”, “us” or “our”).
We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our App, Website and Services and signing up for a subscription, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.
If you do not intend to be bound by these Terms then you must stop using the App immediately, and you must not subscribe for the Services.
“App” means the Connec mobile application.
“App Store” includes Apple App Store, Google Play, and any other platform where the App may be listed.
“Content” means any and all material, links, words, images including but not limited to any goods and services the subscriber submits or uploads.
“EULA” means the end user licence agreement and any amendments from time to time.
“Force Majeure Event” means events beyond reasonable control including natural disasters, power/internet outages, strikes, legal changes, and other unforeseeable occurrences
“Intellectual Property Rights” means all registered and unregistered intellectual property rights worldwide.
“Licensee” means the individual who has obtained a licence to use the App.
“Licensor” means Connec Worldwide Pty Ltd.
“Services” means our meetup services to match other individuals who have common interests, hobbies or just wish to meet in a particular geographic area.
“Software” means the App and all associated software, updates, or enhancements.
“Subscriber” means a subscriber to the Services on this App.
“Website” means [insert].
“We”, “our” and “us” means Connec Worldwide Pty Ltd, ABN 14680579319 including all directors, employees and contractors.
“You”, “User” means the person or entity that subscribes to our Services and App and by doing so, agrees to these Terms.
You must sign up and subscribe to use the full range of Services (‘Subscription’). Subscriptions renew monthly or annually.
If we do not receive your payment, we may cancel your Subscription.
By entering your credit card details, you authorise us to charge recurring payments until cancellation. Cancellation must occur at least 7 days before the next billing date. No refunds for unused time.
To be eligible to sign up for and use the App and it’s Services, you acknowledge and agree to the following:
Subject to these Terms, and in consideration for your agreement to be bound by these Terms and to pay the Subscription fees, we grant you a worldwide, revocable, non-exclusive, non-transferable licence to use our App, in accordance with the below EULA licence terms.
The EULA licence is revoked upon the termination of your subscription or the termination of these Terms.
You acknowledge and agree You use this App and our Services at your own risk. We are not involved in and assume no liability in respect of any arrangement, discussion, chat, experience, event, appointment or meeting (together “Meeting”) you may have or arrange. We make no representations to any Subscriber or user of our Services as to the accuracy of, nor do we verify any Subscriber information including any profile. All visitors and users of the App must independently verify and make their own assessment of any Subscriber or other person that they may contact using the App for the purposes of any discussion or Meeting.
You should carefully consider whether you need to take any steps to manage any personal safety or security issues for example, by ensuring you always arrange meetings in a safe environment.
Any action you choose to take with any other subscriber or any individual on or through this App or by using our Services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting or other activities with anyone on or through this group at your own risk. We are at no time responsible for or liable for any action you choose to take under any circumstance; and
Privacy and confidentiality of the group, individual group members and subscribers is essential and a fundamental requirement for use of our Services and App. You are at no time to convey any group or subscriber identities or information obtain directly or indirectly from the Services or group to any person, organisation or outside the group or App at any time. Any breach of confidentiality will be taken seriously, and immediate action will be taken. You can be immediately blocked from the group, any further sessions or Services and, where appropriate, legal action may be taken.
We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy for details of how we collect, store and use your personal information.
You hereby agree that subject to our Privacy Policy and Australian Privacy legislation, we may collect, monitor, review, analyse or use data or information we collect from your use of the App or associated services.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the App or our Services:
We reserve the right to terminate your use of the App or any related website for violating any of the prohibited uses.
You represent and warrant that:
All disputes arising out of any legal claim arising from any dealings or arrangements between Subscribers or third parties must be resolved between those parties. We are at no time to be involved and all Subscribers fully indemnify us against any claim from any other subscriber or individual to whom you have given access or provided use of the Services.
We encourage Subscribers to try and resolve disputes directly or through mediation provided by a provider of alternative dispute resolution (ADR) services. Subscribers are responsible for paying any costs associated with the ADR service in accordance with the terms and conditions of the ADR service.
We make no warranty that the App or Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the App is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the App becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the App uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the App.
Subscription Cancellation: You are solely responsible for cancelling your Subscription. You may cancel through the App or by notifying us at our contact details provided. Any other type of cancellation will not be considered. If you cancel your Subscription during a billing cycle, you must do so at least 7 days prior to the next payment becoming due so that you will not be charged the subsequent fee. On cancellation of your Subscription, all of your Content, materials and links will be deleted.
Cancellation is effective for the following month after your cancellation of the Services. There are no refunds for any unused time or part months or weeks.
If we do not receive payment in advance for the following month, we may cancel your Subscription.
WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your Subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the App, or the Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Website, our App and the Services immediately ceases and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and/or our App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your Subscription. Any refund may be determined in our sole discretion.
Please Note: We are at no time responsible for any lost data or information as a result of any cancellation of the Services.
We reserve the right at any time and from time to time to remove, delete, alter or amend the App, Services or the Website. In particular, if we believe the Content to be inappropriate, to potentially breach regulations, or if we receive complaints or for any other reason and in our reasonable discretion, we may remove the Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution or investigation of any breach or alleged breach of the law or these Terms.
You hereby indemnify us, keep us indemnified, and hold us harmless together with any of our directors, employees, officers, agents, representatives or contractors, against any losses, liabilities, claims, damages, expenses, charges, fines, penalties or other costs whatsoever, directly or indirectly in relation to:
This clause will survive termination, expiration or completion of these Terms.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our App, the Services or any related information. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
You agree that we shall not be liable for any reliance by you on the information on or accessed via the App and our Services, or your access to or inability to use the App or our Services. You assume all risk in using the App and the Services and we cannot be liable for your use of or reliance on the Website, the App, or the Services. While we endeavor to keep the App up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website, the App, or the Services for any particular purpose and we provide the Website, the App, and the Services for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk. Our total liability at all times is limited to the purchase price of the App.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
You are the Licensee and you acknowledge and agree that our App is licensed and not sold to you on the terms of this EULA. Your licence to any App store product that you obtain through the App stores or obtain through our website, where applicable, is subject to your prior acceptance of this EULA. You are, on purchase from the App store, entering into a binding agreement directly with the Licensor of the software and not the App store. The App store is at no times a party to the licence between you and the Licensor of the App. The Licensor of each App is solely responsible for that App including any warranties and claims that you may have relating to that third party App product.
The Licensee is granted a non-exclusive, personal, non-transferable licence to use the App on a mobile device for your own business and/or your own private and non-commercial purposes and in accordance with the provisions of this clause.
Subject to the payment by the Licensee of the relevant charges and fees in respect of the App licence, the provisions of this EULA, the Licensor grants to the Licensee a non-exclusive, non-transferable licence to:
The Licensee must not:
All Intellectual Property Rights in the App are and will remain, as between the parties, the property of the Licensor. In the event of any dispute of Intellectual Property Rights, the Licensor retains and has full rights solely for any investigation, defense, settlement and discharge of any such claim by any third party.
The Licensee must not permit any other person to use the App or to exercise any of the other rights granted by the Licensor to the Licensee.
We provide email-based support. You must apply updates. No warranty is made that issues will be resolved.
The Licensor does not warrant:
In the event of any issues with the App, the Licensor, and not the App store or any of its affiliates, is responsible for addressing all claims relating to any issues including but not limited to: the licence, any intellectual property rights, use of the App, any issues relating to warranties, consumer law and regulation and all other claims. You may notify the App store of any issues or claims you may have but you acknowledge that the App store is at no time responsible for any claim or rectification of any issue.
The licence granted under this EULA is effective until terminated either by you or the Licensor. Your rights under this licence will terminate automatically without notice from the Licensor if you fail to comply with any terms of this EULA licence or breach any of these Terms. Upon termination of the licence, you will cease all use of the App and destroy all copies of the App.
The Licensor may freely assign this EULA and/or its rights and/or obligations under this EULA without the Licensee’s consent. Except as expressly provided in this EULA, the Licensee must not assign, transfer, charge, license or otherwise dispose of or deal in this EULA and/or any its rights and/or obligations under this EULA.
Where the App is listed on a third party app store, the app store is a third party beneficiary of this EULA and has the right to enforce this EULA against the Licensee.
You represent and warrant that you are not (i) located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) listed on any US Government list of prohibited or restricted parties.
EU resident’s right of withdrawal on software sales: European law principally provides a right of withdrawal in respect of software sales that can be excluded for digitally provided content. Therefore, if the Subscriber is domiciled in a country of the European Union (EU), the EU statutory right of withdrawal ends 14 days after the purchase of the App software or the moment the Subscriber starts downloading the App software for the first time (whichever is sooner).
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Connec Worldwide Pty Ltd.
All other trademarks or service marks within the App and Website are the property of their respective owners. You own and retain ownership of all of your Content. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through the Website, our App, or the Services.
You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Website, our App, or the Services.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website, or our App. Any unauthorised use of the materials appearing on this Website or our App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
None of our powers or rights created under these Terms shall be deemed to have been waived by any act or acquiescence by us. Our powers or rights under these Terms may only be waived by us in writing. No waiver by us of any power or right under these Terms shall constitute a waiver of any other power or right or of the same power or right on a future date. Our failure to enforce any provisions of these Terms shall not constitute waiver of such provision or any other provision.
If any provision of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of these Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in these Terms.
Notwithstanding any other provisions of these Terms, at the termination, expiration or completion of these Terms, any provisions of these Terms which would by their nature be expected to survive termination, expiration or completion shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination, expiration or completion.
These Terms are governed by the laws of Western Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Western Australia for determining any dispute concerning these Terms.
You may contact us about these Terms at info@connec.app
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