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