Terms and Conditions of Use

Last updated: 20 September 2021

By downloading or using the Community Aura Application (App) or Website, the following Terms and Conditions (Terms) will automatically apply to you. Please ensure to read the terms carefully before using the App or Website. By using the App or Website, and registering as a member you are agreeing to be bound by the following terms and conditions of use, which shall form a legally binding agreement between you and Community Aura.

Community Aura (ABN 93739734525) (Community Aura), owns and operates the mobile App and following Website, www.CommunityAura.com.au. The term “all applications” included within the Terms and Conditions refer specifically to the website (www.CommunityAura.com.au), the Community Aura mobile App on the App Store and the Play store, and any other services offered by Community Aura.

The term “the App” or “this App” or “the website” or “this website” or “the App or the website” or “the App/ website” included within the Terms and Conditions, refer specifically to all applications provided by “Community Aura”. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Community Aura and “You” and “Your” refers to you, the client, visitor, App user or person using our website.

Services offered by Community Aura include access to usage of the technology, the App, the website, goods and services offered 3rd parties on the App, information shared by other Users on the App.

3rd party providers are external providers who use Community Aura App to promote and sell their goods and services. 3rd party services refer to services provided by 3rd party providers.

You are not allowed to copy or modify the app or the website, any part of it, or our designs and trademarks in any way. You’re not allowed to attempt to extract the source code, and you also shouldn’t try to translate the app or the website into other languages or make derivative versions. The App or Website itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Community Aura.

If you do not agree to the Terms set out in these Terms and Conditions of Use, you must not register as a member with Community Aura.

 

1.      Amendment of terms

Community Aura may vary these Terms and Conditions of use at any time. Community Aura reserves the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our applications, as we will keep you notified of continuous changes. If you choose to use our applications, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.

2.      Personal Use

Community Aura is made available for personal use only and Membership is specific to you. You agree to provide current, complete, and accurate information in the registration section of the Site and shall keep this information up to date.

You are responsible for maintaining the confidentiality of your account details and are responsible for all activities that occur thereunder. We reserve the right to refuse access to anyone at any time without notice for any reason. Multiple accounts owned by the same user are subject to termination and accounts are non-transferable.

3.      Advertiser Terms

The user agrees that they are solely responsible for what they have posted on our applications through their account.

4.      Proper Use

The user agrees that they are solely responsible for what they post on the App/ website; their communications on the App/ website and for any consequences thereof.

Community Aura stores and processes personal data that you have provided to us and other information that you have posted on our applications. It’s your responsibility to keep your phone and access to the app secure. Therefore, we recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. The act of “jailbreaking” your phone can cause it to become vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that our applications won’t work properly or at all.

Your use of the App is subject to your acceptance of and compliance with the Agreement. You agree that you will use the App in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorise or encourage any third party to:

·       use the App to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by us;

·       upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

·       prevent others from using the App or the Website;

·       use the App or the Website for any fraudulent or inappropriate purpose; or

·       act in any way that violates the Program Policies, as may be revised from time to time.

We reserve the right but shall have no obligation, to investigate your use of the App to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

5.      Limitation of liability

 

It is an essential pre-condition to you using our applications that you agree and accepts that Community Aura is not legally responsible for any loss or damage you might suffer related to your use of our applications, whether from errors or omissions in our documents or information, any goods or 3rd party services or any other use of our Applications. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on our Applications is entirely at your own risk, for which we shall not be liable.

 

It is your responsibility to ensure that any products, 3rd party services or information available through our Applications meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

6.      Competition and consumer act

 

For the purposes of Schedule 2 of the Australian Consumer Law, in particular, Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Community Aura’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or 3rd party services to you again; the replacement of the goods; or the payment of the cost of the purchase made through the App.

 

7.      Links to other websites

 

Community Aura may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Community Aura and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

The applications may contain information or advertisements provided by third parties for which Community Aura accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

8.      Your Intellectual Property Rights

Community Aura does not claim any ownership in any of the communication or content, including any text, data files, images, video, or other material, that you upload, transmit or store on our website or the mobile app. We will not use any of your content for any purpose except to provide our Users with the App. However, by posting on the Community Aura app or the website, you have granted us the permanent and irrevocable right to publish the content on our applications.

9.      Privacy

Community Aura is committed to protecting User’s privacy. We use the information we collect about you to maximise the experience of the App. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

As a condition of using the App, the users agree to the Privacy Policy. The user agrees that we may monitor, edit or disclose your personal information, including the mobile number, email id, address, and any other information if required to do so to comply with any valid legal process or governmental request.

In the event the Community Aura business is sold to a third party, you grant Community Aura the right to transfer the personal information and other data and rights that Community Aura has collected from you to that third party, and Community Aura will not be required to obtain your prior consent or approval or to notify you of such a transfer.

You may change your details at any time on our Applications or by contacting us via email. All information we receive from our customers is protected by our secure servers. 

10.   Advertisements

As consideration for using the App, the user agrees and understands that Community Aura may display advertisements and other information adjacent to and related to any content posted.

11.   Payments

Community Aura is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its usage, at any time and for any reason. We will never charge you for the app or its access without making it very clear to you exactly what you’re paying for.

 

12.   Termination or Cancellation

Community Aura may at any time and for any reason terminate the access, terminate this Agreement, or suspend or terminate your account. In the event of termination, the user’s account will be disabled, and they may not be granted access to their account.

The user may cancel their usage of the App and/or terminate this Agreement with or without cause at any time by providing notice to Community Aura or by contacting us through our application. However, a terminated account may continue to exist and be archived in the database indefinitely, for data integrity reasons.

13.   Indemnity

Community Aura cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to access the App, we cannot accept responsibility.

Concerning our responsibility for your use of the app, when you’re using the app, please note that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. We accept no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

You agree to hold harmless and indemnify Community Aura, and its subsidiaries, affiliates, officers, agents, directors and employees from and against any third-party claim arising from or in any way related to your use of the information posted by other Users of the App. Such claims including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

14.   General Provisions

Community Aura does not make any representation or warranties regarding products/third party applications or the information contained therein. Community Aura is purely a platform to interact with other Users and with third-party providers. While we make all the efforts to identify the best 3rd party service providers, Users need to use their caution while purchasing. 

To purchase 3rd party services, the consumer must complete due diligence before payment. We will not be responsible for any payments made for a purchase, refunds and cancellations.

We will not be liable if a member is unsuccessful in attainting or purchasing a 3rd party service. 3rd party services provided on the App will be delivered at the sole discretion of the 3rd party provider/retailer. We will not be liable for any damaged goods or services purchased through our applications from 3rd party providers. 

15.   Disclosure of information

Community Aura may be required, in certain circumstances, to disclose information in good faith and where it is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

16.   Exclusion of competitors

If you are in the business of creating similar documents, App or Website to provide them for a fee to users, whether they be business users or domestic users, then you are a competitor of Community Aura. We expressly exclude and do not permit you to use or access our applications or obtain any information of Community Aura through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our applications, Website, App or information at our sole discretion.

17.   Whole Agreement

These terms and conditions represent the whole agreement between you and Community Aura concerning your use and access to our applications, documents and any relevant information (Agreement). No other term is to be included in this Agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

18.   Exclusion of unenforceable terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

19.   Jurisdiction

This agreement and our applications are subject to the laws of NSW and Australia. If there is a dispute between you and Community Aura that results in litigation then you must submit to the jurisdiction of the courts of NSW.

20.   Third parties

Community Aura does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve the User experience and not for any other use.

Community Aura App and Website would also use third-party plugins to enable the technology to work well. These plugin providers declare their own Terms and Conditions and Users can refer to their terms of conditions on their websites. Link to Terms and Conditions of some of the third party plugins we use include

*   [Google Play Services](https://policies.google.com/terms)

*   [Google Analytics for Firebase](https://firebase.google.com/terms/analytics)

*   [Firebase Crashlytics](https://firebase.google.com/terms/crashlytics)

*   [Facebook](https://www.facebook.com/legal/terms/plain_text_terms)

*   [Mixpanel](https://mixpanel.com/legal/terms-of-use/)

You should be aware that there are certain things that we will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. You may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

21.   Disclaimer

To the fullest extent permitted by law, Community Aura disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, access, information or User experience will be free of errors. We will make our best efforts to correct, improve and provide information to the best of our knowledge.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our applications, we do not warrant or make any representations regarding the use or the result of the use of any document, product, App, Website, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Users should do their own due delicence and take sole responsibility while purchasing from 3rd party providers. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using our App or the Website.

 

22.   Contact Us

 

Should you have any enquiries about the above-mentioned Terms & Conditions, please contact us via email at hello@CommunityAura.com.au.