terms and conditions

Our Terms and conditions

All services of “theapp.com.au”, you are agreeing to be bound by the following terms and
conditions (“Terms of Service”).
“theapp.com.au” reserves the right to update and change the Terms of Service from time to time without
notice.
Violation of any of the terms below will result in the termination of your Account. While
“theapp.com.au” prohibits such conduct and Content on the Service, you
understand and agree that “theapp.com.au” cannot be responsible for the Content
posted on the Service and you nonetheless may be exposed to such materials. You
agree to use the Service at your own risk.

100% Satisfaction Guarantee
if for whatever reason you are unsatisfied with your mobile application within the first month of service,
“theapp.com.au” guarantees to refund the first month of service with no
questions asked. “theapp.com.au” is backed by a 100% satisfaction
guarantee.
This guarantee does not apply to months after a full month of service has passed and only applies to the
initial month of service with “theapp.com.au”.

Account Terms
you must be 13 years or older to use this Service.
You are responsible for maintaining the security of your account and password. “theapp.com.au” cannot
and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account (even when Content is
posted by others who have access to your account).

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payments and Refund
a valid credit card is required.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or
refunds for months unused with an open account. In order to treat everyone equally,
no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be
responsible for payment of all such taxes, levies, or duties

“theapp.com.au” will use commercially reasonable efforts to have the application approved by the
appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot
guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may
cancel your account, however there are no refunds under any circumstances.

Cancellation and Termination
you are solely responsible for properly cancelling your account.

Account cancellation requests submitted by email or phone will not be honoured. In order to cancel
your account, you must manually cancel your account inside of your account dashboard.
Cancellations by phone or sent to any email address will not be considered valid.
It is not our responsibility to ensure that your account has
been cancelled if your request was made by email or phone.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered
once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect
immediately and you will not be charged again.

“theapp.com.au”, has the right to suspend or terminate your account and refuse any and all current or
future use of the Service, or any other “theapp.com.au” service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of your Account or your access
to your Account, and the forfeiture and relinquishment of all content in your Account.

“theapp.com.au” reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

“theapp.com.au” reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice.

“theapp.com.au” shall not be liable to you or to any third party for any modification, price change,
suspension or discontinuance of the Service.

From time to time, “theapp.com.au” may issue an update to the “theapp.com.au” application which may
add, modify, and/or remove features from the application. These updates may be
pushed out automatically with little or no notice, although “theapp.com.au” will
do everything in its power to notify you in advance of an upcoming update,
including details on what the update includes.

Copyright and Content Ownership

we claim no intellectual property rights over the material you provide to the Service. Your profile and
materials uploaded remain yours. However, by using the “theapp.com.au”
application to create your mobile application, you agree to allow others to view
and share your Content.

“theapp.com.au” does not pre-screen Content, but “theapp.com.au” and its designee have the right (but not
the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

“theapp.com.au” may make certain software available to you through the Service.  If you download or
otherwise use the software from the Service, the software, including all files
and images contained in or generated by the software, look and feel, HTML/CSS,
visual design elements, and accompanying data (collectively, “Software”) are
deemed to be licensed to you by “theapp.com.au”, for your personal and
non-commercial use only.  “theapp.com.au” does not transfer either the title
or the intellectual property rights to the Software, and “theapp.com.au” retains
full and complete title to the Software as well as all intellectual property
rights therein.  You may not sell, redistribute, or reproduce the Software,
nor may you decompile, reverse-engineer, disassemble, or otherwise convert the
Software to a human-perceivable form.

You grant “theapp.com.au” a license to use the materials you post to the Services.  By posting,
downloading, displaying, performing, transmitting, or otherwise distributing
user content to the Service, you are granting “theapp.com.au”, its affiliates,
officers, directors, employees, consultants, agents, and representatives a
license to use user content in connection with the operation of “theapp.com.au”,
its affiliates, officers, directors, employees, consultants, agents, and
representatives, including without limitation, a right to copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate, and
reformat user content.  You will not be compensated for any user
content.  By posting user content on the Service, you warrant and represent
that you own the rights to the user content or are otherwise authorized to post,
distribute, display, perform, transmit, or otherwise distribute user
content.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available”
basis.
Technical support is only available via email. The technical support email address is
support@theapp.com.au
You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and
any reproduction or simulation thereof, in any form of media or technology now
known or hereafter developed, both during and after your use of the Services,
for any purposes related to the Service

You understand that “theapp.com.au” uses third party vendors and hosting partners to provide the
necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is
associated with the Service, or any other “theapp.com.au” service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service without the express written permission by “theapp.com.au”.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine
in our sole discretion are unlawful, offensive, threatening, libellous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any “theapp.com.au”
customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content,
may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.

“theapp.com.au” does not warrant that (i) the service will meet your specific requirements, (ii) the
service will be uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations,
and (v) any errors in the Service will be corrected.

You expressly understand and agree that “theapp.com.au” shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if “theapp.com.au” has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to use the service; (ii)
the cost of procurement of substitute goods and services resulting from any
goods, data, information or services purchased or obtained or messages received
or transactions entered into through or from the service; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) statements or
conduct of any third party on the service; (v) or any other matter relating to
the service.

The failure of “theapp.com.au” to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. The Terms of
Service constitutes the entire agreement between you and “theapp.com.au” and
govern your use of the Service, superseding any prior agreements between you and
“theapp.com.au” (including, but not limited to, any prior versions of the Terms
of Service).

© 2015 Dhun Technology (www.theapp.com.au), all Rights Reserved