Parties: This Agreement is between Cred Solutions Pty Ltd ACN 613 579 212 (We or Our or Us) and you (You or Your).
Introduction: Your access to and use of the Cred (App) is governed by the following terms and conditions (Conditions). By downloading or using the App (and any update of the App), You agree to be bound by these Conditions. If You do not agree to these Conditions, You must delete the App. We may change all or part of these Conditions at any time without prior notice to You. If We do, the new Conditions will be posted on the App or made available via a link in the App. Your subsequent or continued use of the App will constitute Your acceptance of any changes. If You object to any changes to these Conditions, You must delete the App.
You may use the App only if You can form a binding contract with Us. If You are accepting these Conditions on behalf of a company, organisation, government, or other legal entity, You represent and warrant that You are authorised to do so. You must use the App in accordance with these Conditions and all applicable laws, rules and regulations including, without limitation, copyright laws. You must be 13 years or older to use the App.
Licence: We grant You a limited, non-exclusive, non-transferable, revocable licence to use the App in Australia for non-commercial purposes on the mobile device on which it was downloaded, subject to these Conditions. The licence is effective until termination by You or Us. Your rights under these Conditions will terminate if You fail to comply with any of these Conditions. Upon termination of the licence You must delete the App.
Ownership of the App: The App is protected by intellectual property laws, and embodies valuable confidential information of Us and Our licensors. We and Our licensors own all rights, title and interest in respect of the App including all intellectual property rights. We reserve all rights other than those granted to You under these Conditions. Except as permitted by non-excludable laws, You must not reverse engineer, decompile, disassemble, or extract any element of the App or otherwise seek to discover any source code, algorithms, methods or techniques embodied in the App. You must not modify, transfer, distribute, pledge, sublicense, rent, lease, or create derivative works based on the App, including its user interfaces.
Use of the App: While We use reasonable endeavours to ensure that the App and its related services are available continuously, We do not make any representations or warranties that Your access will be uninterrupted, timely, secure or error free. Your access to the App may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond Our reasonable control. Except as expressly provided otherwise in these Conditions, We reserve the right to update, change or discontinue any feature or service (or part thereof) on the App at any time and without prior notice to You. Except as expressly provided otherwise in these Conditions, We reserve the right to change the pricing for any chargeable service or feature on the App at any time without providing notice to You. We also reserve the right to withdraw the App.
From time to time, We may send You messages (via the App, email or SMS) regarding Your use of the App, updates of the App and these Conditions. We may also send You messages (Commercial Messages) about Our other products and services and the products and services of third parties that We believe may interest You. You consent to receiving those Commercial Messages indefinitely. If You do not want to receive the Commercial Messages, You must delete the App.
You will not use the App for any unlawful purpose or in a misleading, deceptive or unlawful manner including, without limitation, infringing any party’s intellectual property rights, menacing or harassing any person or in respect of content that is unlawful, defamatory or obscene.
Your Material: By uploading, transmitting, posting or otherwise making available any material via the App (Material), You:
grant Us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce and edit the Material in any form and for any purpose;
except where expressly stated otherwise, also grant each user of the App a non- exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, communicate to the public and edit the Material in any form for any purpose, subject to these Conditions;
warrant that You have the right to grant the above licences;
warrant that the Material does not breach these Conditions; and
unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth) or under similar laws of other jurisdictions) which You may have in respect of the Material.
We reserve the right (but have no obligation) to:
review, modify, reformat, reject or remove any Material which You upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in Our opinion, violates these Conditions or otherwise has the potential to harm, endanger or violate the rights of any person or Us; and
monitor use of the App, and store or disclose any information that We collect, including in order to investigate compliance with these Conditions or for the purposes of any police investigation or government request.
Liability: To the full extent permitted by law, We (including Our directors, officers, employees, agents or contractors) will not be liable to You for any liability, loss or cost suffered directly or indirectly whether under contract, negligence or other tort, equity or otherwise arising under or in connection with the App or these Conditions.
You are responsible for Your use of the App including, without limitation, the use of any information provided through the App or any recommendation made through the App. You agree that We do not offer or provide any recruitment services or opinions of any kind and We are not responsible for the performance of any agreement or engagement You or any other person enters into as a result of Your use of the App.
We are not responsible for the accuracy, completeness or currency of information provided through the App. We are not responsible for, and accept no liability with respect to, any content uploaded, posted, transmitted or otherwise made available on the App by any person other than Us. We do not endorse any opinion, advice or statement made by any person other than Us.
A "non-excludable condition" is a guarantee, condition or warranty which is provided under non-excludable laws, the exclusion of which from a contract would contravene any law or cause any part of these Conditions to be void. Despite any other provision of these Conditions, nothing in these Conditions excludes, restricts or modifies a non-excludable condition. Our liability to You for a non-excludable condition is limited (at Our option) to one of (a) supplying the product or services again, or (b) the payment of the cost of having the product or services supplied again.
Subject to any no- excludable conditions, We exclude all warranties or conditions in relation to the App implied by law. We do not give any warranty that the App will process, transmit, or display information in an accurate, complete, consistent or timely manner.
In no event will We be liable for any indirect or consequential loss, loss of profits, loss of data, or loss of employment or business opportunities.
You indemnify Us against any losses, costs (including reasonable legal costs), expenses, demands or liability, and whether arising in contract, tort (including in each case negligence), or equity or otherwise incurred as a result of any breach of these Conditions by You or any person who uses the App on Your behalf.
Third party websites, advertising and activities: We may feature or display links and pointers to websites operated by third parties on the App. Those websites do not form part of the App and are not under Our control and We are not responsible or liable for the content or operation of those websites. If You link to any such websites, You leave the App entirely at Your own risk. The App may feature or display third party advertising. By featuring or displaying such advertising, We do not in any way represent that We recommend or endorse the relevant advertiser or its products or services. If You contact a third party using functionality provided on the App, including via e-mail, We do not accept any responsibility for any communications or transactions between You and the relevant third party.
Disputes: If a dispute arises out of or relates to these Conditions, the App or the breach, termination, validity or subject matter of these Conditions, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to these Conditions and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) in Sydney before having recourse to arbitration or litigation. The mediation will be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are hereby deemed incorporated into these Conditions. Unless otherwise agreed, each party will pay its their own costs of the mediation. Nothing in this clause limits or prevents a party seeking urgent interlocutory relief.
Entire agreement: These Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings, whether written or oral, relating to its subject matter.
No representations: Each of the parties acknowledges and agrees that in entering into these Conditions it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Conditions, other than as expressly set out in these Conditions.
Severability: If any provision of these Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Conditions, which will remain in full force and effect.
No waiver: No waiver of any term of these Conditions will be deemed a further or continuing waiver of that term or any other term. No failure to assert any right under these Conditions will constitute a waiver of that right.
Applicable law: These Conditions are governed by the law of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
Contacting Us: If You have any questions, complaints or claims about the App, please contact Us at:
CRED SOLUTIONS PTY LTD at 162 CARRINGTON ROAD, WAVERLEY, NSW 2024.
We may offer prize draws through the App. You may become eligible for prizes through Your use of the App. Please see Our website for the terms and conditions of any prize draws, trade promotion lotteries, sweepstakes, competitions, contests or giveaways that We may offer from time to time.
Special conditions relating to Apple and users of the iOS version of the App:
The following terms apply to You if You have downloaded the App from Apple via Apple’s App Store or some other facility made available by Apple.
Acknowledgement: You and We acknowledge that these Conditions are concluded between You and Us only, and not with Apple, and We, not Apple, are solely responsible for the App and its content.
Maintenance and support: You and We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: If the App fails conform to any applicable warranty which is not excluded by these Conditions, You may notify Apple, and Apple will refund the purchase price for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility to the extent that Our relevant liability is not limited or excluded under these Conditions.
Product claims: You and We acknowledge that We, not Apple, are responsible for addressing any claims by You or any third party relating to the App or Your possession or use of the App, including, without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Conditions exclude and limit Our for such claims to the maximum extent permitted by applicable law.
Intellectual Property Rights: You We acknowledge that, in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary: You and We acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Conditions, and that, upon Your acceptance of these Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Conditions against You as a third party beneficiary of these Conditions.