Terms of Use ("Terms")
Last updated: March 26, 2024
Please read these Terms of Use ("Terms",
"Terms of Use") carefully before using the mobile application (the
"Service") operated by The Anode Group Ltd. ("us",
"we", or "our").
Your access to and use of the Service is conditioned
upon your acceptance of and compliance with these Terms. These Terms apply to
all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be
bound by these Terms. If you disagree with any part of the terms
then you do not have permission to access the Service.
Communications
By creating an Account on our Service, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or instructions
provided in any email we send.
Subscriptions
Some parts of the Service are billed on a
subscription basis ("Subscription(s)"). You will be billed in advance
on a recurring and periodic basis ("Billing Cycle"). Billing cycles
are normally set on a monthly basis.
At the end of each Billing Cycle, your Subscription
will automatically renew under the exact same conditions unless you cancel it,
or The Anode Group Ltd cancels it. You may cancel your Subscription
renewal either through your iTunes account management page or by
contacting Apple, Inc customer support team.
Fee Changes
The Anode Group Ltd., in its sole discretion and at
any time, may modify the Subscription fees for the Subscriptions. Any
Subscription fee change will become effective at the end of the then-current
Billing Cycle.
The Anode Group Ltd. will provide you with a
reasonable prior notice of any change in Subscription fees to give you an
opportunity to terminate your Subscription before such change becomes
effective.
Your continued use of the Service after the
Subscription fee change comes into effect constitutes your agreement to pay the
modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees
are non-refundable.
Content
Our Service allows you to post, link, store, share
and otherwise make available certain information, text, graphics, videos, or
other material ("Content"). You are responsible for the Content that
you post on or through the Service, including its legality, reliability, and
appropriateness.
By posting Content on or through the Service, You
represent and warrant that: (i) the Content is yours
(you own it) and/or you have the right to use it and the right to grant us the
rights and license as provided in these Terms, and (ii) that the posting of
your Content on or through the Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person
or entity. We reserve the right to terminate the account of anyone found to be
infringing on a copyright.
You retain any and all of your rights to any
Content you submit, post or display on or through the
Service and you are responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or any third-party posts
on or through the Service. However, by posting Content using the Service you
grant us the right and license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content on and through the Service. You
agree that this license includes the right for us to make your Content
available to other users of the Service, who may also use your Content subject
to these Terms.
The Anode Group Ltd. has the right but not the
obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this
Service are the property of The Anode Group Ltd. or used with permission.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use
said Content, whether in whole or in part, for commercial purposes or for
personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee
that you are above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on
the Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited to the
restriction of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a username the name of another
person or entity or that is not lawfully available for use, a name or trademark
that is subject to any rights of another person or entity other than you,
without appropriate authorization. You may not use as a username any name that
is offensive, vulgar or obscene.
Intellectual Property The Service and its original content (excluding Content provided
by users), features and functionality are and will remain the exclusive
property of The Anode Group Ltd. and its licensors. The Service is
protected by copyright, trademark, and other laws of both Australia and foreign
countries. Our trademarks and branding may not be used in connection with any
product or service without the prior written consent of The Anode Group
Ltd.
Links To Other Web Sites
Our Service may contain links to third-party web
sites or services that are not owned or controlled by The Anode Group Ltd.
The Anode Group Ltd. has no control over, and
assumes no responsibility for the content, privacy policies, or practices of
any third-party web sites or services. We do not warrant the offerings of any
of these entities/individuals or their websites.
You acknowledge and agree that The Anode Group
Ltd. shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such third-party web sites or services.
We strongly advise you to read the terms and
conditions and privacy policies of any third-party web sites or services that
you visit.
Termination
We may terminate or suspend your account and bar
access to the Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of the Terms.
If you wish to terminate your account, you may
simply discontinue using the Service.
All provisions of the Terms which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity
and limitations of liability.
Indemnification
You agree to defend, indemnify and hold
harmless The Anode Group Ltd. and its licensee and licensors, and their
employees, contractors, agents, officers and directors, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees), resulting from or
arising out of a) your use and access of the Service, by you or any person
using your account and password; b) a breach of these Terms, or c) Content
posted on the Service.
Limitation Of Liability
In no event shall The Anode Group Ltd., nor
its directors, employees, partners, agents, suppliers, or affiliates, be liable
for any indirect, incidental, special, consequential or punitive damages,
including without limitation, loss of profits, data, use, goodwill, or other
intangible losses, resulting from (i) your access to
or use of or inability to access or use the Service; (ii) any conduct or
content of any third party on the Service; (iii) any content obtained from the
Service; and (iv) unauthorized access, use or alteration of your transmissions
or content, whether based on warranty, contract, tort (including negligence) or
any other legal theory, whether or not we have been informed of the possibility
of such damage, and even if a remedy set forth herein is found to have failed
of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The
Service is provided on an "AS IS" and "AS AVAILABLE" basis.
The Service is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement or
course of performance.
The Anode Group Ltd. its subsidiaries, affiliates,
and its licensors do not warrant that a) the Service will function
uninterrupted, secure or available at any particular
time or location; b) any errors or defects will be corrected; c) the Service is
free of viruses or other harmful components; or d) the results of using the
Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of
certain warranties or the exclusion or limitation of liability for consequential
or incidental damages, so the limitations above may not apply to you.
Governing Law
Adherence to all applicable laws and regulations, federal,
state, and local, governing professional licensing, business practices, advertising and any other aspects of doing business in
Australia, USA, UK or any other jurisdiction is your sole responsibility.
These Terms shall be governed and construed in
accordance with the laws of the State of Victoria, Australia, without regard to
its conflict of law provisions.
Our failure to enforce any right or provision of
these Terms will not be considered a waiver of those rights. If any provision
of these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service, and
supersede and replace any prior agreements we might have had between us
regarding the Service.
Changes
We reserve the right, at our sole discretion, to
modify or replace these Terms at any time. If a revision is material, we will
provide at least 30 days notice prior to any new
terms taking effect. What constitutes a material change will be determined at
our sole discretion.
By continuing to access or use our Service after
any revisions become effective, you agree to be bound by the revised terms. If
you do not agree to the new terms, you are no longer authorized to use the
Service.
Contact Us
If you have any questions about these Terms, please
contact us at support@anode.com.au