Terms of Use – Apswel

Acceptance of Terms of Use
1. This website, app, platform and any service offered under the name “canXsee” (“Platform”) is operated and owned by Apswel Pty Ltd and its related entities or body corporates (“us”, “we” and “our”).
2. By creating an account on the Platform, you agree to be bound by these Terms of Use.
3. Your use of this Platform is subject to these terms of use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Platform constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy, and any other policy displayed on the Platform, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platform.
4. We may amend or modify the Platform, the Terms of Use and/or the Privacy Policy at our sole discretion from time to time. Any amendments are effective immediately after publication on the platform unless otherwise specified. We will notify of changes by at least one, or a combination of these methods: notice of change indicated on the website or app, push notifications, email or message. Your continued use of the Platform indicates your continued acceptance of the Terms of Use as modified.
5. These Terms of Use will prevail over any other terms or agreement between you and us.
Definitions
1. In these Terms of Use:
  1. Attraction means public or private places described on the site as attractions, including without limitation playgrounds, parks, public toilets, walks/bike trails, cinemas, zoos, museums, galleries etc.
  2. Buyer means a User who buys or attempts to buy Products on the Platform.
  3. Your Content means any content whatsoever which you upload to the Platform, including without limitation any information or images uploaded or created in relation to any Products, Attractions or Events.
  4. Copyright Act means Copyright Act 1968 (Cth).
  5. Event means an event, promotion, service, place or offering which are displayed or advertised on the Platform.
  6. License means licenses, insurance, permits and authorizations for your activities as required under applicable laws.
  7. Minor means a person under the age of 18.
  8. Moderators means Users who are granted special permissions by us to edit content on the Platform, including, without limitation, Your Content.
  9. Personal Information means any personal information used to clearly and easily identify an individual such as name, email address and any other details.
  10. Platform means this website, app, platform and any service offered under the name “Canxsee” or “Apswel”.
  11. Price means, for each relevant Product, the price set out on the Platform. This may be a cost, barter arrangement or free.
  12. Privacy Policy means our privacy policy available here [https://www.canxsee.com/privacy-policy/].
  13. Product means any product, good, service, promotion, location or offering on our Platform, including, without limitation, tickets to Events, public or private attractions or booking for a service.
  14. Sales Agreement means an agreement for the Seller to sell Products to the Buyer for the Price.
  15. Seller means a User who sells, offers, displays, advertises or promotes Products or information on the Platform for a Price or without charge.
  16. Support Package means any services or products offered by us to Sellers or other Users, (such as subscriptions, assistance or support with listing Products, training, integrations) in exchange for a fee.
  17. Terms of Use means these terms of use of the Platform which include the Privacy Policy.
  18. Third-Party Platforms means services or devices offered by other third-parties which you may use in combination with or in integration with the Platform (including but not limited to, carriers, operating systems, mobile devices, software, hardware, applications, APIs etc.).
  19. User means any user, whether individual or entity, of this Platform, whether registered or not.
  20. You or your mean you, the user of this Platform.
  21. Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
  22. We, us, our means Apswel Pty Ltd and its related entities or body corporates.
Warrant of Authority
1. Your use of the Platform is conditional on you being over 18 years of age, or if you are a Minor under 18 years of age then you represent that you have reviewed these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Use. If you are a parent or guardian permitting a Minor to create an account, you agree to exercise supervision over the Minor’s use of our website and account and assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet.
2. Accordingly, by using the Platform, you warrant this to us. If the above conditions are not satisfied, please cease using the Platform immediately.
Registration
1. You may be required to be a registered member to access certain features of our Platform.
2. When you register, you will provide us with Personal Information. Please ensure that all Personal Information is accurate and current. We will handle all Personal Information we collect in accordance with our Privacy Policy. We may disclose the Personal Information to third parties that help us deliver our Products (including Users, information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Products to you. By providing Personal Information to us, you consent to the collection, use, storage and disclosure of that Personal Information as described in these Terms of Use.
3. We will provide you with a username and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
4. You must not impersonate any other person or entity and you must not use the Platform using anyone else’s credentials. In case you try to present yourself as another person or entity, your account may be terminated or suspended without further notice.
5. Accounts may be suspended or terminated without further notice if there is behavior that includes but isn’t limited to:
  1. Spamming or sending unsolicited messages
  2. Spreading misinformation or disinformation
  3. Harassing or bullying other users
  4. Promoting illegal activities
  5. Violating the Terms of Use
  6. Being inactive for a long period of time
  7. Being associated with a fraudulent, malicious or suspicious activity
  8. Having a history of poor performance, such as repeatedly failing to meet deadlines, delivering defective Products or using the Platform in a way that doesn’t align with it’s purpose
Your Content
1. Where the Platform allows you to upload any content to the Platform, you:
  1. agree that Your Content will be stored for you on our servers in accordance with our Privacy Policy;
  2. to the full extent permitted by law, grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use Your Content in any way (including, without limitation, by advertising, reproducing, modifying or communicating Your Content to the public) and permit us to authorise any other person (including, without limitation, our Media, Marketing or Moderators) to do the same thing
  3. to the full extent permitted by law, consent to any act or omission by us or our Employees, Contractors or Moderators which would otherwise constitute an infringement of your moral rights under the Copyright Act in relation to Your Content
  4. acknowledge and agree that we and our Employees, Contractors or Moderators may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any of Your Content submitted to or via the Platform by you or other third parties
2. In each instance when you upload Your Content to or via the Platform, you agree to not add any of Your Content:
  1. unless you hold all necessary rights, licences and consents to do so
  2. that may result in you or us breaching any law, regulation, rule, code or other legal obligation
  3. 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, profane, in breach of confidence, in breach of privacy or harassing
  4. that would bring us or the Platform into disrepute
  5. that infringes the rights of any person
  6. that you know (or ought reasonably to suspect) is fraudulent, false, misleading, untruthful or inaccurate
  7. that contains unsolicited or unauthorised advertising (including junk mail or spam)
  8. that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorized access to any system, information, security device belonging to us or any third party
  9. that makes false or misleading representations including making representations about the quality, quantity, or suitability of a Product
  10. that is likely to mislead or deceive including making representations that are ambiguous or vague
  11. unless all terms or conditions or requirements are included in the Product, information or attached to Your Content within the Platform
3. You agree and acknowledge that all content on the Platform (including Your Content) may be created, modified, flagged and deleted by us, or other Users
Your conduct
1. In using the Platform, you must:
  1. deal with us and our Moderators politely and with respect
  2. strictly comply with these Terms of Use (including any policy)
  3. obey any reasonable direction issued by us
  4. provide the most recent, truthful and accurate description and information for Your Content
  5. obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform
  6. not take any action that is likely to impose upon the Platform or our (or its third-party service providers) a disproportionately large load
  7. not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to “crawl”, “spider”, “scrap” or engage in similar conduct in relation to the Platform
  8. except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code or content forming part of the Platform
Use of the Platform
1. The Platform is intended to allow Users to upload and consume information about local Products and information.
2. Some Users may choose to pay subscription fees or purchase Support Packages to gain access to more features or increase accessibility to the Platform.
3. The Platform is for Users within Australia
4. Please keep in mind that information (including information in relation to Products) on the Platform may not be accurate, complete, or current. It is the responsibility of the Seller to provide accurate information. It’s always your sole responsibility to make your own enquiries in relation to any Products or to confirm anything set out on the Platform.
5. Certain Products may also be purchased directly through the Platform. Buyers and Seller may use the Platform in order to enter commercial discussions in relation to the Sales Agreement.
  1. We are not a party to any Sales Agreement between Buyers and Sellers. We are simply a platform that facilitates the sale of Products. We do not own or control the Products that are listed on our Platform. We do not make any representations or warranties about the Products.
  2. We are not responsible for the accuracy or completeness of the information provided by Sellers. Products displayed on our Platform or otherwise disclosed may not be available or be exactly as described. It is the Seller that must provide accurate and up to date information.
  3. All Prices are quoted in Australian dollars unless otherwise stated and may change frequently. Product Prices may change due to a variety of factors, including without limitation promotional events or new offerings.
  4. All Products are subject to availability.
  5. We reserve the right to refuse to process any Sales Agreement to any person, for any reason, at our sole discretion including but not limited to Sales Agreements that may be illegal, in dispute or have the possibility of being disputed, fraudulent, harmful, illegal, not in line with the platform or with poor credit history.
  6. We reserve the right to cancel or remove any Products, Attractions or Events being offered by any Seller for breaching these Terms of Use or for whatever reason including but not limited to, if the Products are illegal, not community-minded, harmful, offensive, spam, misleading, infringing someone else’s intellectual property, defamatory, abusive, discriminatory, harassing, violent, poor quality or doesn’t meet the purpose of the platform. If a Seller believes that their Product, Attraction or Event has been wrongfully removed, they may dispute the removal in accordance with our dispute policy.
6. Every time a Buyer purchases any Product from a Seller using the Platform, the parties enter into a separate Sales Agreement to buy the relevant Product in exchange for the relevant Price, on the terms and conditions set by the Seller on the Product page using the Platform as a facilitating mechanism. The Seller may incorporate terms by including reference to their website or other documents on the Platform which is beyond the enforceability of the Platform.
7. You agree that all dealings between you and any other User must be conducted exclusively in the Platform. We are not liable in any way whatsoever for any dealings or business transacted outside of the Platform, and transacting outside of the Platform may result in your removal from the Platform.
8. You agree that the Price will consist of all of the remuneration or payment between Buyer and Seller without additional costs, taxes, fees or inclusions and that if any additional amounts are later negotiated and mutually agreed upon, they are taken to be included as an adjustment to the Price which must be recorded on the Platform or notified to us accordingly.
9. You irrevocably agree that we are entitled to do all actions that we deem necessary (at our sole discretion) in order to facilitate, oversee or supervise the Sales Agreement. You further agree that we may terminate a Sales Agreement if we determine at our reasonable discretion that you or any other relevant User are in breach of these Terms of Use.
Product Cancellations, Refunds & Issues
1. All cancellation and refund policies are investigated, managed and resolved at our discretion in line with our dispute resolution process.
2. Cancellations, refunds and reporting issues must be performed in the Platform or it won’t be recognised.
3. Refunds and cancellations may incur additional fees, and/or withholding or recouping of payments, commissions, fees and/or third party payments.
4. Payments, Fees and commissions are final and non-refundable, unless otherwise determined by us or required by the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major failure of the goods or services and other remedies for a minor failure. We do not provide pro-rata refunds for subscriptions. We do not provide a refund for change of mind. Refunds and cancellations may incur cancelation fees, and/or withholding or recouping of payments, commissions, fees and/or third party payments. A refund request will be considered for Products purchased on the Platform if:
  1. the Buyer raises a report on the Platform within 7 calendar days after the booking start date
  2. there was a modification or cancellation by the Seller
  3. the Product was not supplied or delivered to expectation based on the information provided in the Platform at time of payment
  4. proof a User is in breach of our Terms of Use
  5. proof of an incorrect charge
5. Upon a successful refund request, the determined funds will be deposited into your bank account. Refunds will only be given at our absolute discretion. If we find your account is in poor standing or there has been abuse reported against your account, we may refuse a refund.
6. Charges, fines, alternative arrangement costs incurred outside of The Platform are not included as part of these terms of use and can’t be considered for reimbursement or a refund.
Dispute Resolution
1. We follow a 3 stage dispute process for Users, Buyers and Sellers. Our goal is to provide a neutral, cost-effective and least stressful means of resolution. This is only for disputes where:
  1. a Sales Agreement has been entered into; and
  2. a report was logged in the Platform within 7 days of the Product completion date; and
  3. the Terms of Use have not been breached; and
  4. the User who has lodged an issue has informed the other User of the issue and both Users have actively tried to reach an agreement.
2. If the above terms have been met and a mutually agreed resolution was not agreed upon, we will follow the dispute resolution process below:
  1. Stage 1 – Let us know what happened: Before we can help, We’ll ask you to reach out and try to resolve the dispute with the other User. If, after discussing with the other User, you do not come to an agreement, we’ll ask you both to provide all the details on what’s happened – description of the issue and where applicable, photographic evidence.
  2. Stage 2 – We review the details: We will review the reported issues and both User responses. We will act as an impartial evaluator of the claims.
  3. Stage 3 – We make a decision: The decision will be based on the details and evidence that you and the User have shared. If you don’t agree with the decision, the next steps are mediation and then arbitration.
3. To make the dispute resolution process as effective as possible, keep in mind the following tips:
  1. Do: Know your options for resolution, and what to expect if you’re in a dispute. Try to resolve the situation as best you can with the other member. Consider the other person’s point of view.
  2. Don’t: Expect a favourable decision without evidence. Breach the Term of Use during the dispute process.
4. We reserve the right not to respond to User or Third Party enquiries that offend our employees, contractors or agents. We reserve the right not to respond to enquiries made by individuals who, in our opinion, are not current users of the Platform.
5. We will not make any decisions about the Sellers’ documentations, requirements or terms and whether they have been met. The legal liability for any Products sold on our Platform rests solely with the Seller.
Our Role
1. You acknowledge and agree that:
  1. we are not the manufacturer, creator, organizer or owner of any Products offered or sold on the Platform (except for Support Packages). We are merely a platform that facilitates Sellers and Buyers entering into Sales Agreements. Accordingly, we take no liability whatsoever in relation to any Products or User, and any claim or dispute must be raised in The Platform and follow the dispute resolution policy
  2. the Sales Agreement is a separate agreement directly between the Buyer and the Seller. We are not a party to the Sales Agreement in any way, and its formation will not, under any circumstance, create any relationship of employment, agency, partnership, joint venture or otherwise between us and you, or us and any User
  3. each Seller is running a separate, independent business from our business. There is no relationship between us and the Seller beyond that of independent contractors and third parties
  4. in relation to each Event and Sales Agreement, it is the Buyer, not us, who will be solely liable for payment of the Price. We merely act as a facilitator for such payment on the Platform and we will not be liable for the Price under any circumstance. You agree that, if the need arises, you will follow the dispute resolution processes and will not pursue any actions, legal or otherwise, against us for any non-payment, loss or damage and that this provision constitutes a bar to any such actions or proceedings.
Licenses and Permits
1. If you are a Seller, without limiting the generality of any representations, warranties, release or indemnities provided elsewhere in these Terms of Use, you represent and warrant to us that:
  1. you and your affiliates will obtain, prior to offering the Products through this Platform, all applicable Licenses
  2. you are responsible for holding public liability insurance and any other insurance not limited to professional indemnity insurance, self-insurance, motor vehicle insurance or workers’ compensation
  3. you will release us, and our affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys’ fees, known and unknown, arising out of or in any way connected with your or your affiliates’ Licenses, any failure to obtain or maintain any License, or any error in obtaining or maintaining any License.
2. You agree to promptly provide evidence of Licenses and related information to us, as reasonably requested, based on the information and Products you have on the Platform.
Fees and Payment
1. You may be required to pay for certain features of the Platform, including without limitation Support Packages.
2. You agree to pay us all fees disclosed on the Platform. Fees are subject to change from time to time.
3. Unless otherwise stated, all fees and all transactions are in Australian Dollars. All fees are exclusive of applicable federal, state, local, or other taxes.
4. If any fee or Support Package is subscription-based, then the access to the relevant features or the Support Package will only last for the duration of the subscription period. The subscription period will automatically renew on each expiration date for an additional equivalent period, unless terminated by you prior to its expiration. Such termination only takes effect as of the expiration of the then-current subscription period, and any fees paid are non-refundable.
5. You may receive offers outside the Platform from Sellers or third parties, such as discounts, sponsorships, or other benefits. We are not involved in any dealings or payments between you and third parties, and these Terms of Use do not govern such transactions.
6. All payments to be made must be paid using the payment service provider currently being used by us. You may be required to create an account with the payment service provider and accept their terms of use.
7. You agree that we may change our prices, fees, payment service provider (including, without limitation, implementing new fees or costs, increasing existing fees, or requiring that you bear any associated third-party costs or charges) at any time.
Intellectual Property Rights
1. Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content and any branding, logos, names etc), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.
2. You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
3. You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
4. You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause ‎13 and that equitable or injunctive relief may be necessary.
Cookies
1. If you are a registered User of our Platform we will use “cookies” or similar technologies in order to ensure that you are able to stay logged into our Platform. Cookies help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalise/create pages on the Platform, a cookie helps us to recall your specific information on subsequent visits. When you return to the same page of the Platform, the information you previously provided can be retrieved, so you can easily use the customized features.
2. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Platform.
Third Party Sites
1. The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
2. You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
  1. you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website
  2. we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website
  3. you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
Third Party Platforms
1. In order to use the Platform, you may also use various other Third-Party Platforms.
2. You warrant to us that you will comply with any terms of use or legal agreements you must agree to in order to use the relevant Third-Party Platforms.
3. We are not liable for any loss arising in relation to a Third-Party Platform, including but not limited to:
  1. any failure of or issue with such Third-Party Platform
  2. your breach of the terms of use for the Third-Party Platform
  3. your misuse of the Third-Party Platform
Disclaimer and Limitation of Liability
1. We exclude all Warranties other than those expressly set out in these Terms Of Use and Australian Consumer Law (ACL)
2. You acknowledge that you must only rely on your own enquiries in relation to Products, Users or any other information or material contained on the Platform. You should not rely on any information on the Platform to make business decisions. We do not vet or endorse any User or Products on the Platform.
3. We provide the Platform on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Platform.
4. Our liability arising in connection with these Terms of Use, Events, Products and Attractions on the Platform is limited as follows:
  1. We are not liable for any consequential, special, indirect or remote loss
  2. Our total maximum total liability arising in connection with these Terms of Use is capped to the total Sales Agreement based on the purchase price of the relevant Products which are subject of the liability
  3. Our Sales Agreement liability is outlined in our refund policy in this Terms of Use
  4. Our liability is limited to the extent that you contributed to the liability
  5. We will not be liable to any claim commenced later than 1 month after you had become aware of the facts giving rise to it
  6. Our liability is subject to your duty to mitigate your loss
5. We are not responsible for any action of any third-party, User or Seller. Any dealings you have with such parties are exclusively entered into between you and them.
6. To the extent that legislation or other law restricts our right to exclude Warranties under these Terms of Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions with all associated costs and arrangements being conducted by the Seller:
  1. in the case of goods:
    1. the replacement or repair of the goods or the supply of equivalent goods;
    2. the payment of the cost of replacing the goods or of acquiring equivalent goods; and
  2. in the case of services:
    1. the supply of the services again or a fix to render the service complete; or
    2. the payment of the cost of having the services supplied again.
7. If a good or service needs to be replaced or fixed, the Supplier will be responsible for the cost and arrangement of this as well as all associated costs involved. We will not be involved in this process.
8. We will not be liable for any breach of these Terms of Use caused by a force majeure event. A force majeure event is an event that is beyond our reasonable control, such as a natural disaster, war, or civil unrest. In the event of a force majeure event, we will use reasonable efforts to resume performance of our obligations under these Terms of Use as soon as possible. However, we will not be liable for any delays or failures to perform caused by the force majeure event.
9. All of the above subclauses are cumulative to one another.
Release and Indemnity
1. To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
2. You agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
3. In this clause:
  1. Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
  2. Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
  3. Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates affiliates, subsidiaries, sponsors, and other third-party partners.
  4. Relevant Matter means anything in connection with:
    1. any Attractions, Events, Products or Sales Agreement
    2. any of Your Content
    3. any User including any acts or omissions by the User
    4. any damage to property, personal injury or death
    5. your breach of these Terms of Use
    6. any matter for which we have purported to disclaim liability for under these Terms of Use
    7. your use, misuse, or abuse of the Platform
    8. your breach or failure to observe any applicable law
4. You agree to promptly notify us of any such third-party claims, cooperate with all Released Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, legal fees). You agree not to settle any claim without our prior written consent.
Termination
1. These Terms of Use terminate automatically if we cease to operate the Platform for any reason (although any clauses which are reasonably intended to survive termination survive).
2. You acknowledge and agree that:
  1. we may terminate your access to the Platform at any time without giving any explanation without any further liability to you.
  2. we may terminate these Terms of Use immediately by notice to you in writing if you are deemed to breach these Terms of Use or associated policies in any way, in our sole discretion.
  3. termination of these Terms of Use or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
General
1. All notices must be in writing and must be made through the Platform or by email. Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a business day in New South Wales, in which case they are deemed to be received on the next business day in New South Wales.
2. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. We may assign our rights under these Terms of Use at our sole discretion.
3. If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
4. These Terms of Use are governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.
5. Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
6. The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.
7. A provision of these Terms of Use which can and is intended to operate after its conclusion will remain in full force and effect and all indemnities and releases.
8. If any provision of these Terms of Use is void, unenforceable or illegal, it is to be read down so as to be valid and enforceable or, if it cannot be read down, the provision is or, where possible, the offending words are, to be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions (or parts of those provisions) of these Terms of Use, unless this would materially change the intended effect of these Terms of Use.

Terms of Use – Apswel

Got questions, feedback, or want to know more.