As part of the functionality of the Services, you may link your account with your Google account (your 'Third-Party Account') by either: (1) providing your Google login information through the Services; or (2) allowing us to access your Google account as permitted under the applicable terms and conditions that govern your use of Google services. You represent and warrant that you are entitled to disclose your Google login information to us and/or grant us access to your Google account without breaching any of the terms and conditions that govern your use of Google services and without obligating us to pay any fees or making us subject to any usage limitations imposed by Google.
By granting us access to your Google account, you understand that:
We may access, make available, and store (if applicable) any content that you have provided to and stored in your Google account (the 'Google Account Content') so that it is available on and through the Services via your account.
We may submit to and receive from your Google account additional information to the extent you are notified when you link your account with your Google account.
Depending on the privacy settings that you have set in your Google account, personally identifiable information that you have stored or posted in your Google account may be available on and through your account on the Services.
Please note that if your Google account or associated services become unavailable, or our access to your Google account is terminated by Google, then Google Account Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Google account at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH GOOGLE IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH GOOGLE. We make no effort to review any Google Account Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Google Account Content.
You can deactivate the connection between the Services and your Google account by contacting us using the information provided below. We will attempt to delete any information stored on our servers that was obtained through your Google account, except for the username and profile picture that become associated with your account.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may
contain (or you may be sent via the Site) links to other websites (
'Third-Party Websites' ) as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third
parties ( 'Third-Party Content'
). Such Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or
installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any website to which
you navigate from the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless
from any harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content
or any contact with Third-Party Websites.
11. ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain areas of the
Services, such as sidebar advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other relationship with
advertisers.
12. SERVICES MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any
of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files
and content that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy:
https://www.jashby.com/privacy-policy.html.
By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
the United States, Australia, Sweden, India, France, South Africa, Ireland, Germany, Brazil, Hong Kong, Japan, United Kingdom, Singapore.
If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, Australia, Sweden, India, France, South Africa Ireland, Germany, Brazil, Hong Kong, Japan, United Kingdom, and Singapore: through your continued use of the Services, you are transferring your data to the United States, Australia, Sweden, India, France, South Africa, Ireland, Germany, Brazil, Hong Kong, Japan, United Kingdom, and Singapore, and you expressly consent to have your data transferred to and processed in the United States, Australia, Sweden, India, France, South Africa, Ireland, Germany, Brazil, Hong Kong, Japan, United Kingdom, and Singapore.
14. COPYRIGHT INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a
'Notification'). A copy of your Notification will be
sent to the person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to applicable law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Services infringes your copyright, you should consider first
contacting an attorney.
15. TERM AND TERMINATION
These legal terms shall remain in full force and effect while you use the services. Without limiting any other provision of these legal terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the services (including blocking certain IP addresses) to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services, or delete your account and any content or information that you have posted, at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the services.
We cannot guarantee the services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the services during any downtime or discontinuance of the services. Nothing in these legal terms will be construed to obligate us to maintain and support the services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms
shall be governed by and defined following the laws of Australia. Jashby and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Sydney, Australia. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of Australia.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
21. LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to.
The amount paid, if any, by you to us.
Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although
we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint
regarding the Services or to receive further information regarding use of the Services,
please contact us by email at support@jashby.com or through the contact form at www.jashby.com/contact-us.
9. SOCIAL MEDIA