Terms of Use

Welcome to our website.  This website is owned and operated by ENGAGING GROWTH GLOBAL PTY LTD producer of BLUWAYLE  ABN 42 627 713 526, its successors and assignees (we, our or us).  It is available on our app, through our website at www.bluwayle.com, and may also be available through other addresses or channels (together, App).

 

These Terms of Use (Terms) govern your, the person, organisation or entity that uses our App (referred to as you or your) use of our App and form a contract between you and us if you use the App.  Please read these Terms carefully.  If you have any questions, please contact us using the contact details below.  Your use of the App indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms.

  1. Age: Accessing and making use of the App indicates that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or

older. You must not access or make use of the App if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older.

  1. Information: The information, including statements, opinions and documents, contained in this App (Information) is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  Any reliance you place on the Information is at your own risk.  Before acting on any

Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

  1. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our App following any amendments indicates that you accept the amendments.  You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the App if you accept and will comply with the new Terms.
  2. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the App.
  3. Licence to use the App: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the App for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

 

  1. Download: In order to access the App you will require access to the Apple IOS app store, Google Play platform or some other corporate access.
  2. Account: In order to access and make use of the App you must create an account using an email address and password or tether/integrate use of the App to your Facebook and/or Twitter account (Account). Before your first use of the Account you will be required to create a username. You must not create and/or maintain more than one Account on the App. Basic information is required when creating an Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Furthermore, it is your responsibility to keep your Account details confidential. You are liable for all activity on your Account. You acknowledge that you will not disclose your Account details to any third party, and that you will take sole responsibility for any activities or actions under your Account, whether or not those activities or actions have been authorised by you. You must immediately notify us of any unauthorised use of your Account.
  3. Prohibited conduct: You must not:

(a)               Use the App for any activities, or post or transmit any material from the App:

  • unless you hold all necessary rights, licences and consents to do so;
  • that infringes the intellectual property or other rights of any person;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that defames, harasses, threatens, menaces, offends, or bullies any person;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
  • that would bring us, or the App, into disrepute;

(a)               Interfere with or inhibit any user from using the App;

(b)               Use the App to send unsolicited email messages;

(c)               Attempt to or tamper with, hinder or modify the App, knowingly transmit viruses or other disabling features, or damage or interfere with the App, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the App; or

(d)               Facilitate or assist another person to do any of the above acts.

  1. Copyright and intellectual property rights: Our App contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our App. We own the copyright which subsists in all creative and literary works displayed on the App. You agree that, as between you and us, we own all intellectual property rights in the App, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the App does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the App without the express written permission of the owner. You must not breach any copyright or intellectual property rights connected with the App. This includes but is

not limited to:

(a)               altering or modifying any of the code or the material on the App;

(b)               causing any of the material on the App to be framed or embedded in another website;

(c)               creating derivative works from the content of the App; or

(d) using the App for commercial purposes.

  1. Republishing: You may not republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the App:
  2. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy which is available on the App. By agreeing to these Terms, you agree to accept our Privacy Policy
  3. Your content: If you choose to add any content on the App, you:

(a)                warrant to us that you have all necessary rights to post the content;

(b)               warrant that you have complied with all relevant laws in relation to the content, and any recording of it and the uploading of it;

(c)                acknowledge and agree that the App has not encouraged or incited you to attempt anything or to take part in any particular activity;

(d)               grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and

(e)                consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

  1. Third party information: The App may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information).  We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.  You should make your own investigations with respect to the suitability of Third Party Information for you.
  2. Third party links and websites: This App may contain links to websites owned by third parties (Third Party Apps).  We do not control, recommend, endorse, sponsor or approve Third Party Apps, including any information, products or services mentioned on Third Party Apps.  You should make your own investigations with respect to the suitability of Third Party Apps for you.
  3. Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Apps, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
  4. Delays and outages: We are not responsible for any delays or interruptions to the App.  We will use commercially reasonable efforts to minimise delays and interruptions.  We cannot warrant that the App will be available at all times or at any given time.  We may at any time and without notice to you, discontinue the App in whole or in part.  We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the App.
  5. Security: To keep our data secure and confidential we use configured firewalls which ensures that our server can only be connected with the development centre IP address and no other IP address can access our server.
  6. Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or

access to, or any inability to use or access, the App. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

  1. Disclaimer: The App is provided to you without warranties, express or implied, including but not limited to implied warranties of merchant ability and/or fitness for a particular purpose.  We do not warrant that the functions contained in any material on the App or your access to the App will be error free, that any defects will be corrected, that the App or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the App will operate on a continuous basis or be available at any time.  While we endeavour to keep the App and Information up to date and correct, we make no representations, warranties or guarantee,

express or implied, about:

(a)                the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the App for any purpose;

(b)               Third Party Information; or

(c)                Third Party Apps.You read, use, and act on information contained on the App, Third Party Information and/or Third Party Apps, strictly at your own risk.

  1. Indemnity: By using the App, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and

against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a)                your use of or access to the App;

(b)               any breach by you of these Terms; or

(c)                any wilful, unlawful or negligent act or omission by you.This defence and indemnification obligation will survive these Terms and your use of the App.  These Terms, and any rights and licences granted here under, may not be transferred or assigned by you, but may be assigned by us without restriction.

  1. Breach: You may only use the App for lawful purposes and in a manner consistent with the nature and purpose of the App.  By using the App, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.  If you do not think they are reasonable you must not use the App. We reserve the

right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal.  If you breach these Terms, we reserve the right to block you from the App and to enforce our rights against you.  If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.  All rights not expressly granted in these Terms are reserved.

  1. Exclusion of competitors: You are prohibited from using the App, including the Information, in any way that competes with our business.  If you breach this term, we

will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use.  We reserve the right to exclude any person from using the App and Information, in our sole discretion.

  1. Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction.  This will not affect the remainder of these Terms, which continue in full force and effect.
  2. Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
  3. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
  4. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process.  Please notify us in writing of any dispute you may have.
  5. Jurisdiction: Your use of the App and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia.  These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria.  The App may be accessed throughout Australia and overseas.  We make no representation that the App complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the App from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the App.

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