TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Carill Pty Ltd (ACN 624 112 796).

We reserve the right to amend this Terms and Conditions at any time and your use of the App or your engagement with any of our services following any amendments will represent your agreement to be bound by the terms and conditions as amended. We, therefore, recommend that each time you access our App you should read these terms and conditions.

Registered Users

  1. In order to access this App, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration form or webpage. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provided on registration.
  2. 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.
  3. On registration, we provide you with an account identification and/or password. You agree that you will keep the identification and/or password for your only security and not to share with anyone else.
  4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Our App Services

  1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our App, you acknowledge that you are over 18 years of age. If you are under 18 years old, you must have consent from your parent or guardian to use this App.
  2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
  3. Upon expiry of the Initial Term, and any subsequent Renewal Term, your subscription to our service will automatically be renew and continue for a period equivalent in duration to the Initial Term (Renewal Term) unless you give us notice of its intention not to renew this document not less than 20 calendar days prior to the expiry of the Initial Term or Renewal Term then in force.

Access

  1. When you use our App, we give you a limited licence to access and use our information for personal use.
  2. 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 App without our prior written permission.
  3. You are not allowed to reverse engineer, copy, alter, modify or reproduce the App or any of its content by any means, or create derivative works based on the App. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our App.

Hyperlinks

  1. This App may from time to time contain hyperlinks to other Apps. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked App. Any hyperlink on our App to another App does not imply our endorsement, support, or sponsorship of the operator of that App nor of the information and/or products which they provide.
  2. Linking our App is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

  1. The copyright to all content on this App including applets, graphics, images, layouts, and text belongs to us or we have a licence to use those materials.
  2. All trade marks, brands, and logos generally identified either with the symbols TM or ® which are used on this App are either owned by us or we have a licence to use them. Your access to our App does not license you to use those marks in any commercial way without our prior written permission.
  3. You will retain the ownership of data transmitted or stored on the App and grants to us a non-exclusive, non-transferable, royalty-free, limited licence to store and make such data accessible on the App for the duration of the Term, and upon expiration of the Term or earlier termination, to archive such data in a manner that is not accessible to third party inquiry (read or read/write) or to irrevocably delete the data.

Disclaimers

  1. Whilst we take 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.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. We also take all due care in ensuring that our App 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 App or any linked App.
  4. You acknowledge and agree that we are not obliged to support the use of the App, whether by providing advice, training, or otherwise. Any technical documentation provided in respect of the App contains information for the use of the App, but the App and the accompanying documents are not warranted as to completeness or accuracy or for reliance.
  5. You acknowledge and accept that you are solely responsible for its use of the App, and for supervising, managing and controlling use of the App. You must ensure that all users of the App by you or within your organisation (B2E), and to the extent possible, users within all its subcontractors’/suppliers’ organisations (B2B), are aware of, understand, accept and comply with this Terms and Conditions.
  6. You acknowledge and accept that we are not responsible for any problems, delay, failures, or technical malfunctions of communication channels, networks, computer systems, servers, third party service providers, equipment, hardware, software, or any other object or material, related to your use of the App, or use by anyone related to your organisation, including but not limited to, your subcontractors/suppliers or their users.
  7. The security of any material, data, and information uploaded or submitted by you or any of your related parties, including but not limited to your subcontractors/suppliers and their users, in their respective use of the App, will be protected by reasonable data security measures deployed by providers of similar services but the security is not absolute and there are known and unknown vulnerabilities to unauthorised access, hacking or virus attack or similar breaches of security.
  8. You agree to maintain a backup emergency call system in event of the App failing.
  9. You acknowledge and agree that the App may not be fit for purpose of supply and we bear no responsibility for this fact.
  10. You acknowledge and agree that we are not emergency service and not a substitution of any emergency service. You must not liable us as the only means to contact an emergency service.
  11. You acknowledge and agree that you are response to notify any of the affected persons for the termination of our service for you for whatever reasons.

Statutory Guarantees and Warranties to Consumers

  1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
    1. Schedule 2 of the C&C Act; and
    2. those statutory guarantees, all of which are given by us to you if you are a consumer.
  2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
    1. We will repair or replace the goods or any part of them that is defective; or
    2. Provide again or rectify any services or part of them that are defective; or
    3. Wholly or partly recompense you if they are defective.
  3. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
    1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
    2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
    3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

  1. These Terms and Conditions are between you and us, and not Apple, Inc. or Google Inc. (jointly and separately referred to as “Marketplaces”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Marketplaces has the right to enforce this Agreement against you. Apple, Inc. or Google Inc. are not responsible for the App and its content.
  2. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have provided.
  3. To the fullest extent permitted by law, the total liability of us to you in respect of all Claims made by you under or in connection with this App or any of our services (whether arising out of breach of contract, negligence or any other tort, under statute or otherwise) will not in aggregate exceed the amount of the Fees paid by you to us for this App or its subscription for the Initial Term or a Renewal Term in force as at the date you make your Claim.
  4. Notwithstanding anything else to the contrary in the Terms and Conditions, to the extent that we are unable to fully exclude our liability pursuant to applicable law, and to the extent that it is entitled to do so, you acknowledge and agree that our liability to you for any breach of any of the Non-Excludable Terms is limited to any one of the following, at the option:
    1. in the case of goods (including the App) – replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods or payment of the costs of having the goods repaired; and / or
    2. in the case of services (including the Configuration and Implementation Services) – the supply of the services again or payment of the cost of having the services supplied again.

Indemnity

  1. By downloading accessing, or using the App, 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 and any of your related parties including but not limited to any of your subcontractors/suppliers or their users use or termination of our App, and to the full extent permit by law, to waive the right to claim against us, including our directors, officers, employees, representatives, or agents, for any direct or indirect loss, injury or damages, howsoever caused.
  2. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is 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 conditions and the remaining provisions will remain in full force and effect.

Privacy

  1. We undertake to take all due care with any information which you may provide to us when accessing our App. 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.
  2. For European users, we endeavour to comply with the GDPR, wherever possible. Pursuant to the GDPR, you have the additional right to be forgotten to our system. Please note that we are responsible for any form of data loss or information loss wherein this right has been requested by you. Should you have any request or inquiry about the privacy policy, please contact us by email: support@designerex.com.au.
  3. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.