Terms and Conditions
Welcome to the Advvy Pty Ltd website located at www.advvy.com (the “Site”). The following Terms of Service govern your use of the information provided through the Site and constitutes an agreement concerning your legal rights and obligations with respect to Advvy Pty Ltd, its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “Advvy”), and of our third party suppliers and marketing partners (our “Third Party Suppliers”). Please read these Terms of Service carefully before using the Site, opening an Advvy account (“Account”), or purchasing and/or using products or services offered by Advvy (collectively, “ADVVY Products”).
BY USING THE SITE YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE.
Advvy reserves the right to change, modify, suspend or discontinue all or any portion of the Site, in its sole discretion, at any time. Advvy may also impose limits on certain features or restrict your access to parts of or the entire Site in its sole discretion and without notice or liability.
Advvy reserves the right to refuse to provide you access to the Site for any reason.
LIMITED LICENSE AND SITE ACCESS
Advvy grants you a limited license to access and use the Site subject to all the terms and conditions of these Terms of Service. However, this license does not allow you to make any commercial use or any derivative use of the Site (including any of its individual elements or content). You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site or create a link to the Site accessing such elements or materials, including without limitation, Advvy’s trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without Advvy’ prior written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing an Advvy name, trademark, URL, or product name without Advvy’ prior written consent.
No part of the Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of Advvy; provided no such permission is necessary in connection with the fair use of excerpts of freely available (i.e., available to any visitor to the Site without any requirement of registration or payment of fees) factual information on the Site regarding descriptions of Advvy and its products and services, and provided such use is in accordance with the Australian’ copyright laws.
You may not robotically or otherwise automatically harvest, scrape, extract, copy, access or collect any information or data from the Site.
THE SITE AND INFORMATION, PROVIDED THROUGH THE SITE (THE “INFORMATION“) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NEITHER ADVVY NOR ITS THIRD PARTY SUPPLIERS MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE, THE ADVVY PRODUCTS OR ANY INFORMATION PROVIDED ON THE SITE. NEITHER ADVVY NOR ITS THIRD PARTY SUPPLIERS WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE ADVVY PRODUCTS OR THE INFORMATION AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, THE ADVVY PRODUCTS OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE INFORMATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADVVY, ITS AFFILIATES, THIRD PARTY SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, (EACH INDIVIDUALLY A “RELATED PARTY” AND COLLECTIVELY, THE “RELATED PARTIES“) SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF ADVVY AND/OR ANY OF THE RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
(II) THE USE OR THE INABILITY TO USE THE SITE OR ANY OF THE ADVVY PRODUCTS, OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF ADVVY OR ANY OF THE RELATED PARTIES TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT THAT YOU PAID TO ADVVY OR ITS DESIGNEES FOR THE APPLICABLE ADVVY PRODUCT.
YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF THE ADVVY PRODUCTS IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE AND THE ADVVY PRODUCTS.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. In such states or jurisdictions, the liability of Advvy and its Related Parties shall be limited to the fullest extent permitted by law.
LINKS TO THIRD PARTY SITES
Some of the links provided throughout the Site will let you leave the Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Advvy in any manner whatsoever and are not otherwise covered by these Terms of Service. Therefore, Advvy is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Advvy is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Advvy of any linked site and/or any of its content therein.
RIGHTS OF THIRD PARTIES
Each Third Party Supplier and Related Party is a third party beneficiary of these Terms of Service.
USE OF THE SITE You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Advvy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Advvy does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will Advvy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You agree not to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- use the Site to harm minors in any way;
- use the Site to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- remove any proprietary notices from the Site;
- cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the prior written permission of Advvy;
- use the Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
- use the Site for fraudulent purposes;
- attempt to decompile, reverse engineer, disassemble or hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Advvy with respect to the Site, and/or data transmitted, processed or stored by Advvy;
- harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights“) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Site or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site;
- use the Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Australian government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- use the Site to “stalk” or otherwise harass another; and/or
- use the Site to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
You acknowledge and agree that by posting any content on, through or in connection with Advvy, including without limitation, its services, products, website, affiliates, partners or employees, you are granting Advvy a limited license to use, modify, delete, publicly display, reproduce or distribute such content and your association with such content, which may include name and likeness, solely on, through or in connection with Advvy and the Site.
You acknowledge that Advvy may or may not pre-screen Content, but that Advvy and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, Advvy and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Advvy or submitted to Advvy.
You acknowledge, consent and agree that Advvy may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Advvy, its users and the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
VIOLATION OF OUR TERMS OF SERVICE
If you believe a user on the Site has violated these Terms of Service, please contact us at +617 3911 1144 or through the Contact Us page.
YOUR REPRESENTATIONS AND WARRANTIES You possess the legal right and ability to enter into these Terms of Service and to comply with its terms;
- You will use the Site for lawful purposes only and in accordance with these Terms of Service and all applicable laws, regulations and policies; and
- You will only use the Site on a computer and/or mobile phone on which such use is authorized by the computer’s and/or mobile phone’s owner.
You agree to indemnify, defend and hold harmless Advvy, and each Related Party (collectively, the “Indemnified Parties“), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of these Terms of Service or any policy or guidelines referenced herein, (ii) use or misuse of the Site, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, (iv) your use or disclosure of another person’s personal, financial or credit information or (v) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the Content that you post on the Site.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
The Site includes copyrighted and copyrightable materials, including, without limitation, the Advvy trademark, logo, design, text, graphics, forms and any other applicable materials, including the selection and arrangement of such elements (collectively, the “Materials“).
You may download information from this Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Advvy or any applicable Third Party Suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Advvy. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither Advvy nor its affiliates warrant or represent that your use of Content, services, software or any other materials displayed on the Site will not infringe rights of third parties.
Certain of the ADVVY Products contain or utilize information proprietary to Advvy or its Third Party Suppliers and comprises or may comprise:(a) works of original authorship, including compiled information containing an arrangement and coordination and expression of such information or pre-existing material created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by Advvy or its Third Party Suppliers at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm Advvy or its Third Party Suppliers. You agree that you will not commit or permit any act or omission by your agents, employees, or any third party that would impair Advvy’ or its Third Party Suppliers’ copyright or other proprietary and intellectual rights in the ADVVY Products. You will not use any Advvy or its Third Party Suppliers trade names, trademarks, service marks or copyrighted materials in listings or advertising in any manner without the prior written approval of Advvy. You shall reproduce Advvy’ or its Third Party Suppliers’ copyright notice and proprietary rights legend on all authorized copies of ADVVY Products.
Certain trademarks and slogans on the Site are the trademarks of Advvy. The domain name for this Site, Advvy’ logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Advvy. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of Advvy or the respective owner.
If you believe that any content on the Site infringes upon your intellectual property rights, please contact us at firstname.lastname@example.org. In order for us to assist you accordingly, please provide your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on the Site that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to Advvy is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature where applicable.
Any notices to you from Advvy regarding the Site or these Terms of Service will be posted on this Site or made by e-mail or regular mail.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Applicable Law; Jurisdiction and Venue
We control our Site from our offices within the Australia. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Australian export laws and regulations. Any claim relating to our Site, the services provided through our Site or the Content shall be governed by the internal laws of the state of Queensland, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Queensland, Australia.
Notwithstanding the foregoing, you agree that, in the event any dispute or claim arises out of or relating to your use of the Site, that you and Advvy will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Brisbane, Queensland with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
Third Party Purchases Governed by Separate Agreement – The terms and conditions governing your purchase of any goods or services from any third party companies or financial institutions represented in this Site shall be governed by a separate agreement duly executed between you and the supplier of such goods or Services, including Advvy, as applicable.
Age and Location of User – All information and content available on this Site are solely directed to individuals 18 years of age or older residing in Australia. Advvy makes no representation that the Content, information, products, Services or Software are available for use outside of Australia. Any use of the Content, services and software is prohibited where they are not allowed by law.
Miscellaneous – Advvy reserves all rights not expressly granted herein. Advvy may modify these Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued use of the Site shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in these Terms of Service shall constitute a partnership or joint venture between you and Advvy. The failure of Advvy at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contact
Chief Operation Officer
17 Cordelia Street, South Brisbane, QLD 4101, Australia
These Terms of Service were last updated on March 9, 2018.