1 General We will use reasonable endeavours to provide you with a service (Service) that:
(a) integrates your time management and social media apps, into a convenient, intuitive and automated system;
(b) helps you create, assign and manage tasks for you, and your friends and family;
(c) intuitively suggests new tasks and prompts you to action set tasks;
(d) assists you schedule and keep appointments;
(e) assists manage and automate your emails;
(f) helps you to focus, stay mindful and accomplish your goals;
(g) uses technology to personalise, protect and improve service delivery; and
(h) uses data you provide, to show you ads, offers and other sponsored content that we believe is meaningful and relevant to you.
The Service includes all of the products, features, applications, services technologies and software that we provide you. We may change any part of the Service or the means of its delivery for any reason at any time.
2 Content Our Information is our property. The downloading, reproduction, or retransmission of Our Information, other than for non-commercial individual use, is not allowed
(a) you are younger than an age we advise, which is currently 13 years old or the minimum legal age by law to use the Service, unless you have permission of a parent or legal guardian;
(b) you are prohibited from receiving any aspect of our Service under applicable laws;
(c) we terminate any account you have with us; or
(d) you are a convicted sex offender.
You agree to provide us with all necessary verifications we require to provide you with access to the Service.
(a) we may access contact details (including phone numbers and email addresses) of contacts in your mobile phone address book and you confirm you are authorised to provide us such contact details;
(b) we may access, use, integrate and store information from third party applications that you give us permission to access, including your email, calendar and social media accounts;
(c) if you upload, submit, store, send, receive, or provide any information or content (including content in clause 4(a)), or supply us with information by your permission in clause 4(b) (Your Information) while using the Service, subject to any legal requirements, we may use Your Information as we like, including but not limited to delivering or improving the Service;
(e) you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Information (consistent with your privacy and Service settings);
(f) you can end the licence in clause 4(e) anytime by deleting Your Information or account. However, we may retain a copy of Your Information or it may continue to appear if you shared it with others and they have not deleted it;
(g) to the extent possible, you waive any moral rights or similar rights you may have or may acquire in the future in Your Information in our favour; and
(h) we may show your username, profile picture, and information about your actions or relationships next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on our Services, without any compensation to you.
(a) view and download information directly accessible through the Service; and
(b) use information directly accessible through the Service.
6 No interference You agree and acknowledge that:
(a) you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Service including, without limitation, through the use of any malicious or unauthorised code, virus, worm, trojan horse, malware, or program;
(b) you will not take any action that imposes an unreasonable or disproportionately large load on our Service, server and system;
(d) you are prohibited from using our Service in any threatening, libellous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner.
7 Subscription You must pay to us the Subscription Fee to receive certain Subscribed Services. The Subscription Fee will be payable on the terms notified to you after you agree to receive the Subscribed Services. If you are paying a monthly Subscription Fee, we may change your Subscription Fee at any time on 30 days’ notice to you. If you do not pay a monthly Subscription Fee by the due date, the Subscribed Services may be automatically terminated by us. You will then have access limited to Services that we prescribe as not requiring payment of the Subscription Fee. We are not responsible for any loss of data caused by the termination of any Subscribed Services.
8 Payment If you have agreed to pay a monthly Subscription Fee to receive Subscribed Services, you will be prompted to enter details of your account with your software store (e.g. iTunes or Google Play) or a third party payment channel (IAP Account), and your IAP Account will be charged the Subscription Fee. Some software stores may charge you tax in addition to the Subscription Fee. If you purchase an auto-recurring periodic subscription, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP Account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted our application from your device. Deleting your account with us or deleting our application from your device does not cancel your subscription. We will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
9 Passwords You are responsible for protecting the confidentiality and security of any passwords that we provide you for access to the Service. We do not accept liability for any access to information or transactions that are executed with the password provided to you. You indemnify us for any loss that we suffer as a result of you losing your password or providing it to a third party that we have not authorised in writing.
10 Disclaimer To the full extent allowed by law, we provide the Service "as is" and without any warranty or condition, express or implied. We do not warrant that the information contained in or accessible through the Service is accurate, suitable for your purposes or without errors, omissions or viruses. Nor do we guarantee continuous, uninterrupted or secure access to the Service. You acknowledge and agree that factors outside of our control may interfere with your use of the Service (including the software operating in connection with the Service). We do not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Service. Subject to the Competition and Consumer Act 2010, we make no representations or warranties in respect of any information and materials we make available or the means of accessing that information and material (including the software operating in connection with the Services). We do not warrant, represent or take any responsibility for third party services which are or may become linked or connected to or from the Service. Any links to third party services are provided for convenience only and may not remain current or be maintained. You agree and acknowledge that we do not endorse, adopt, approve or recommend, and are not responsible or liable for, any content, advertising, products, or other materials on or available from a third party service or information.
11 Limitation of liability You agree that you use the Service at your own risk. You acknowledge that we are not responsible for the conduct or activities of any user and that we are not liable for such under any circumstances. In no circumstances will we be liable for any Loss, including without limitation any injury or loss of life, resulting from:
(a) your access to, or use of the Service;
(b) your inability to use the Service or any content;
(c) or in any way relating to, an experience itself (or the provision or non-provision of an experience); or
(d) our use of information that you provide to us via the Service,
Whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise. To the extent permitted by law, our liability for breach of a condition or warranty implied by any legislation is limited to the following remedies (at our discretion):
(a) in the case of goods, any one or more of the following: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the costs of having the goods repaired; and
(b) in the case of services: (i) supply of the services again; or (ii) the payment of the cost of having the services supplied again.
This clause 11 applies in relation to any third party listed via the Service or direct marketing and any goods or services provided by a third party, including without limitation, via the Service or any direct marketing.
12 Indemnity You indemnify us against any Claim suffered or incurred by us, arising from, or which is directly or indirectly, related to:
(a) your use of or conduct in connection with the Service;
(c) any breach or inaccuracy in any of your representations or warranties.
We have the right, at our expense, to assume exclusive defence against any Claim and all negotiations for settlement and you agree to cooperate with us in the defence of any such Claim, at our request.
13 Communications You agree and acknowledge that subject only to our obligations in relation to your personal information:
(a) we may collect, use and disclose Communications;
(b) you have no right of confidentiality in Communications;
(c) we have no obligation to protect Communications from disclosure;
(d) we may reproduce, use, disclose and distribute Communications to others without limitation; and
(e) we may use any ideas, concepts, know-how, content or techniques contained in Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
14 Inaccuracies Our Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not take any responsibility or liability for any such inaccuracies, errors or omissions, and have no obligation to honour information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to Our Information and to the Services described in such information, at any time without notice, including after confirmation of a transaction.
(b) Communications: communications you make to us including but not limited to feedback, questions, comments and suggestions;
(c) Intellectual Property: trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights including without limitation the registered trade mark ‘CheeHoo’ with registration number 1953193;
(d) Loss: 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;
(e) Our Information: the content and information displayed on the Service that is not Your Information, or the information of another person;