TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Gotta-Go International Pty Ltd (ABN 31626973153) of 118 Taylor Street, Armidale NSW 2350, Australia (“Company”). You may use this software application and corresponding ending website (referred to as “Gotta Go Eulogies”) subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the Gotta Go Eulogies following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you use the Gotta Go Eulogies, you read these terms and conditions.
1. Key definitions
1.1 The following terms are used regularly throughout these Terms of Service and have a particular meaning (additional definitions are found in the General Conditions):
(a) Agreement means these Terms of Service.
(b) Gotta Go Eulogies or app means this software mobile application available from the Apple® App Store®, Google Play®, and other mobile application marketplaces.
(c) User means any individual that uses the Gotta Go Eulogies.
1. You represent and agree that you are at least 18 years old to use the LiftGift app and to be bound by this terms and conditions.
2. In order to use certain features of the Services, you may be required to register for an account with Gotta Go Eulogies. If you create an account via our Services, you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account; and (iv) promptly notify Gotta Go Eulogies if you discover or otherwise suspect any security breaches related to your account.
3. Our services will only operate properly if you must have a valid subscription and has authorised you as a User to the particular modules or categories.
4. We reserve the right to terminate or suspend your access or account to the Gotta Go Eulogies at our own discretion.
5. We provide an online platform to replace paperwork with online forms via different modules although we recommend maintaining paper records for verification purposes or backup, if required.
6. Your files, information, audio and visual recordings, data, images, or documents uploaded to our system will remain your property. You hereby expressly grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use any of your files, content, images, or documents any way for the purpose of providing the service to you, and agree to sign any documentation to that effect, if required.
7. We will endeavour to maintain the integrity of your data and information. However, it is your responsibility to maintain a backup of your data and information. We are not obliged or responsible to keep your data and information on our system.
8. Once your access right or account to our system is revoked, we may delete your data, images, and / or files on our system at our discretion.
9. With your consent, we will publish and make available your recordings and personal information necessary to allow other listener-type Users to view or listen to your recordings; or to locate your recordings by search functionality. This consent can only be changed or altered by you.
10. You agree that these recording, audio, visual images may be available after your death and wherein the eulogies relates to yourself, you agree that in the event of your death, you have granted us permission to complete these actions to allow the system to function correctly.
11. You agree to inform us if you would like restrictions placed on your personal information, recordings or images.
12. Wherein the recordings or images are regarded as in public interest or popular, we may pay consideration to the person or estate who made the recording at our absolute discretion.
13. Whilst we will try to comply with the wishes or requests of executors or next of kin, it is up to our absolute discretion whether recordings and images are retained and reproduced on Gotta Go Eulogies.
15. Subscription fees and listening fees (Fee) will apply as advertised in order to the use of Gotta Go Eulogies, and the terms of those fees will be provided on request.
16. Where a Fee is paid for a particular term of access to the Gotta Go Eulogies, a User shall not be entitled to a pro-rata or any refund of any Fees if it elects to stop using the Gotta Go Eulogies within that term, if the Fee relates to a subscription.
17. Certain modules and other system requests (such as pay to listen) may require you to make payment to us through a third party payment services, such as Stripe, Paypal or Braintree. These services will charge an additional processing fee.
18. Other than as described in these terms or as otherwise required by law, there are no refunds or cancellations. We reserve the right to issue refunds in our sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future.
Intellectual Property Rights
19. The copyright to all content on this app including applets, graphics, images, layouts, and text belongs to us or we have a licence to use those materials.
20. All trade marks, brands, and logos generally identified either with the symbols TM or ® which are used on this app are either owned by us or we have a licence to use them. Your access to our app does not license you to use those marks in any commercial way without our prior written permission.
21. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
22. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
23. We also take all due care in ensuring that our app is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our app or any linked website.
24. You acknowledge that Apple nor Google is not responsible for any product warranties, whether express or implied by law, with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple or Google to the maximum extent permitted by applicable law, Apple nor Google will have no other warranty obligation whatsoever with respect to the Gotta Go Eulogies. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Gotta Go Eulogies. However, you understand and agree that in accordance with these Terms, Gotta Go Eulogies has disclaimed all warranties of any kind with respect to the Services, and therefore, there are no warranties applicable to the Gotta Go Eulogies.
Statutory Guarantees and Warranties to Consumers
25. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a consumer.
26. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
27. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
28. You warrant that all the data, images, and / or files which you upload to our system will not breach any law, and we reserve the right to remove any unlawful data, images, and / or files in our sole discretion. You acknowledge and agree that we shall not decline any legal request issued by any governmental institutions or organisations to access your information, data, images, and / or files.
Limitation of Liability
29. You agree that you use the Gotta Go Eulogies at your own risk.
30. You acknowledge that we do not provide any kind of advice, including but not limited to medical advice, legal advice, or financial advice, nor hold ourselves out to provide advice of any kind.
31. You acknowledge and agree that we, including all directors, employees, contractors, related and affiliated persons of us, are not responsible for the conduct or activities of other Users.
32. You acknowledge and agree that, in no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Gotta Go Eulogies or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
33. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
d. We do not participate in any way in the transactions between our users.
34. By accessing or using our app, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our app and the use of any materials and information.
35. We do not warrant the accuracy of any data entered into our app by yourself or third parties.
36. By accessing or using our app, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any goods and services provided to you by a third party service provider, including but not limited to processing online payments.
37. By accessing or using our app, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising as a result of any User’s breach of these Terms or infringement of any law by using the Gotta Go Eulogies.
38. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
39. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
40. We undertake to take all due care with any information which you may provide to us when accessing our app. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
42. When you install Gotta Go Eulogies on a smartphone or tablet, you are agreeing to allow monitoring of our services by Monitored Users. You additionally authorise us to access your mobile device to collect information about you.