Terms and Conditions
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Last updated: March 2023 Please read these Terms and Conditions (Terms) carefully. You are entering into a binding legal Agreement with OWNA Corp Pty Ltd ACN. It is therefore important that you carefully read these Terms, together with the End User License Agreement (EULA) at the time of registering to use the Services. We reserve the right to amend these Terms at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these Terms. Acceptance legally binds you, your third party contractors and all of your employees to the Terms. 1. Definitions
2. Registered Service Provider, Registered Users, Customer In order to access the services provided by OWNA, you must become a registered service provider, registered user or customer collectively referred to as “Customer”. You will need to provide us certain information as set out in a separate communication sent to you via email. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. On registration, we provide you with a username and password. On registration you agree to pay for our services as set out on our website and these Terms. We reserve the right to terminate your registration at any time if you breach these terms and conditions. 3. Our Website Services OWNA services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list for our Subscription Fees are current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time with notice. You shall be liable for any actions taken by any person who gains access to your Account, authorized or unauthorized, and must promptly notify OWNA of any unauthorized use or breach of privacy or security. 4. Site Access When you visit the OWNA website, we give you a limited licence to access and use our information for personal use. You are not permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. 5. Hyperlinks OWNA’s website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking. 6. Intellectual Property Rights The copyright to all content on OWNA’s website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. 7. Warranties Whilst OWNA takes all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. Whilst OWNA intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions, from time to time, the Service may be unavailable, including periods of maintenance and/or other development activity. We will aim to publish in advance on the website or by other means as OWNA may determine, details of any known significant outages or interruptions to the Services. 8. Limitation of Liability To the full extent permitted by law, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Service. We accept no liability for any loss including consequential loss suffered by you arising from services we have supplied. We do not accept liability for anything contained in the Post of a user or in any form of communication which originates with a user and not with Us. You indemnify OWNA against all liabilities, costs and expenses arising out of any claim by a third party as a result of Your breach of this Agreement. Where the applicable law prohibits the limitation of liability or damages, OWNA’s liability under any provision of these Terms are limited solely to the performance of the services again, or the cost of re-performing, repairing or re-supplying the services and in any event, which will not exceed $200 AUD. 9. Jurisdiction These Terms are to be governed by and construed in accordance with the laws of Australia and any claim made by either party against the other which in any way arises out of these Terms will be heard in the respective State/Territory within Australia and you agree to submit to the jurisdiction of those Courts. If any provision in these Terms are invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in effect. 10. Privacy OWNA aims to take all due care with any information which you may provide to us when accessing our Service. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. 11. Subscription Fees and Charges The services provided by OWNA are made available on a pay-as-you-go basis. Subject to any contrary intention in the Terms, you agree to pay our invoices by Direct Debit or Credit Card through our chosen Payment Gateway or paid within 14 days. Invoices will be sent to You or available on the Centre Portal, or to a Billing Contact whose details are provided by You by email. You are responsible for payment of all taxes, levies, and duties in addition to the Subscription Fee, including and not limited to additional service features You may decide to add on. Upon payment of Subscription Fees a receipt will be emailed or otherwise be available on the Centre Portal. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. Without prejudice to any other rights that OWNA may have, we reserve the right to suspend or terminate use of Services by You in the event that any invoices are not paid in full by the due date for payment. If you are on a promotional period and do not cancel the Services within that promotional period after creation of an account, You will be billed starting on the day after the expiration of your promotional period. Expenses incurred by Customer associated with the installation, implementation, termination and receipt of the Services shall be the responsibility of the Customer. Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from OWNA Corp Pty Ltd, given by email or posted on the Website. 12. Taxes You agree to pay any taxes and duties levied by any authority on, or in connection with, these Terms (other than income taxes payable by us). This includes payment of the amount of GST according to the following principles: where we are liable to pay GST on any amount received from you relating to these Terms you shall, following receipt of a tax invoice from us, at the same time reimburse us the amount of GST. Terms used in the last sentence have the meanings defined in the GST Law as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 or any Act substituted for, validating or otherwise replacing that Act. 13. Terminations To terminate an Account, the User must do so by sending a written notice to support@owna.com.au and providing us with one month’s written notice. Following this the User must delete all copies of the App from all their devices. It is the User’s responsibility to retrieve all necessary data from their Account prior to termination. We may terminate the Terms immediately, in our sole discretion, if:
14. Amendments to this Agreement OWNA reserves the right to amend or replace this Agreement at any time, with or without notice to Users, by posting an updated version on the Website, which shall become effective immediately upon posting. In the event that an updated Agreement constitutes a material change to this Agreement, OWNA will make reasonable efforts to announce such change on the Website. Your continued use of the Service and/or Website following any amendment shall constitute your acceptance of any updated Agreement. If you do not agree to any updated Agreement, you must discontinue use of the Service and cancel your Account. |