End User Licence Agreement
1 - About
1.1 - The Application is operated by Bytesize Systems PTY LTD (ACN 130 540 617). By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
1.2 - Bytesize Systems reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Bytesize Systems updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2 - Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Bytesize Systems in the user interface.
3 - Your Obligations
3.1 - You agree to comply with the following:
- you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions
- access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Bytesize Systems providing the Services
- you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Bytesize Systems
- you will not use the Services or Application for any illegal and/or unauthorised use
- you acknowledge and agree that any automated use of the Application or its Services is prohibited
4 - Auto-renewable Subscription to use the Services
4.1 - In order to access Premium Features of the Services, you must first purchase a auto-renewable subscription through the Application (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). Where the option is given to you, you may make payment of the Subscription Fee by way of In App Purchase ('In App Purchase').
4.2 - Monthly, Yearly and Lifetime Subscriptions are available as In App Purchase. In the United States the Monthly Subscription Fee is $1.99/month unless discounted. Prices will vary on location.
4.3 - In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
4.4 - Payment will be charged to your iTunes Account at confirmation of purchase. Your Subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.
4.5 - Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by you, and auto-renewal may be turned off within your Account Settings after purchase.
5 - Refund Policy
5.1 - No refunds are available.
6 - Copyright and Intellectual Property
6.1 - The Application, the Services and all of the related products of Bytesize Systems are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Bytesize Systems or its contributors.
6.2 - Bytesize Systems retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
6.3 - You may not, without the prior written permission of Bytesize Systems and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
7 - Privacy
8 - General Disclaimer
8.1 - Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.2 - Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Bytesize Systems will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.3 - Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Bytesize Systems make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Bytesize Systems) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
- costs incurred as a result of you using the Application, the Services or any of the products of Bytesize Systems; and
- the Services or operation in respect to links which are provided for your convenience.
9 - Limitation of liability
9.1 - Bytesize System's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
9.2 - You expressly understand and agree that Bytesize Systems, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10 - Termination of Contract
10.1 - The Terms will continue to apply until terminated by either you or by Bytesize Systems as set out below.
10.2 - If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
10.3 - Bytesize Systems may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- Bytesize Systems is required to do so by law;
- the provision of the Services to you by Bytesize Systems is, in the opinion of Bytesize Systems, no longer commercially viable.
10.4 - Subject to local applicable laws, Bytesize Systems reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Bytesize Systems's name or reputation or violates the rights of those of another party.
11 - Indemnity
11.1 - You agree to indemnify Bytesize Systems, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
- any breach of the Terms.
12 - Dispute Resolution
12.1 - Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
12.2 - Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required o settle the Dispute.
12.3 - Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Western Australia, Australia.
12.4 - Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
12.5 - Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13 - Venue and Jurisdiction
The Services offered by Bytesize Systems is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
14 - Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15 - Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16 - Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.