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Terms and Conditions

Terms and Conditions

Updated 12-09-2022

General Terms

1.      These terms and conditions (the "Terms") govern your use of the Xecure mobile application (the "App") and any related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in these Terms, you shall not use the Services.

2.      The App and Services are provided by Xecure Phone, a limited liability company, incorporated in Queensland, Australia (hereinafter "we," "us," or "our").

3.      The App and Services are intended for use by individuals who are 18 years of age. By using the App or Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are under the age of 18, you shall not use the App or Services.

4.      The App and Services may be updated from time to time, and may change without notice to you. We reserve the right to modify, suspend, or discontinue the App or Services (in whole or in part) at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App or Services.

5.      The App and Services are provided on an "as is" and "as available" basis, and we make no representations or warranties of any kind, express or implied, as to the operation of the App or Services. We shall not be liable for any damages of any kind arising from the use of the App or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

6.      We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified terms on the App or Services. Your continued use of the App or Services shall be deemed acceptance of the modified Terms. It is your responsibility to regularly check these Terms for any modifications.

7.      These Terms, together with any additional terms and conditions that may be provided by us from time to time, constitute the entire agreement between you and us concerning the App and Services. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

8.      These Terms and your use of the App and Services are governed by the laws of Australia and any disputes arising out of or in connection with these Terms or the App and Services shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

License

  1. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal use.

  2. You shall not rent, lease, lend, sell, redistribute, or sublicense the App or Services or any part thereof. You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App or Services).

  3. We reserve all rights not expressly granted to you in these Terms.

  4. You acknowledge that the App and Services may include third-party software that is subject to separate license terms. Your use of such third-party software is subject to such separate license terms, and not these Terms.

  5. You shall not use the App or Services for any illegal or unauthorized purpose. You must not, in the use of the App or Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

  6. Any breach of these license terms shall result in the immediate termination of the license granted to you in these Terms and the termination of your right to use the App and Services.

Definition and Key Terms

1.      "Content" refers to any text, graphics, images, software, music, audio, video, information, or other materials that may be available on or through the App or Services.

2.      "Account" refers to the account you create in order to access and use the Services.

3.      "User Content" refers to any content that you or other users post or upload to the App or Services, including but not limited to text, images, and videos.

4.      "Personal Information" refers to any information that can be used to identify you, including but not limited to your name, address, phone number, and email address.

5.      "Cookies" refer to small pieces of data that are stored on your device when you visit a website or use an app. These pieces of data are used to help the website or app remember certain information about you, such as your preferences or login information.

6.      "Third-Party Services" refer to any services or websites that are not owned or controlled by us, including but not limited to social media platforms and advertising networks.

7.      "Linked Services" refer to any third-party services that you may link to or access through the App or Services, including but not limited to social media platforms and payment processing services.

8.      "Intellectual Property" refers to all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and moral rights.

9.      "Agreement" refers to these Terms and any additional terms and conditions that may be provided by us from time to time.

Restrictions

1.      You shall not use the App or Services in any manner that could damage, disable, overburden, or impair the App or Services or interfere with any other party's use and enjoyment of the App or Services.

2.      You shall not attempt to gain unauthorized access to the App or Services, any accounts, computer systems or networks connected to the App or Services, or any of the services offered on or through the App or Services, through hacking, password mining, or any other means.

3.      You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App or Services.

4.      You shall not use the App or Services for any illegal or unauthorized purpose. You must not, in the use of the App or Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

5.      You shall not use the App or Services to transmit any virus, worm, Trojan horse, or other malicious or harmful code.

6.      You shall not use the App or Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of duplicative or unsolicited messages.

7.      You shall not use the App or Services to engage in any activities that may be harmful to minors.

8.      You shall not use the App or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

9.      You shall not use the App or Services to engage in any activities that may infringe upon the privacy of others.

10.  Any violation of these restrictions may result in the termination of your Account and the termination of your right to use the App and Services.

Payments

1.      Some of the Services may be available for purchase through the App or Services. By making a purchase, you agree to pay the applicable fees and taxes, and to the payment terms set forth in these Terms.

2.      All fees and charges are non-refundable, except in the case of an unsatisfactory service or as required by law.

3.      We reserve the right to change the fees and charges for the Services at any time, and we shall provide you with reasonable notice of any such changes.

4.      We may offer promotions or discounts on the Services from time to time. The terms and conditions of such promotions or discounts shall be set forth in the applicable promotional materials, and may be subject to additional terms and conditions.

5.      You may be required to provide payment information in order to purchase the Services. You represent and warrant that you have the right to use any payment method you provide to us. We reserve the right to cancel or suspend your access to the Services if your payment information is invalid or if we are unable to charge your payment method for any reason.

6.      We may use third-party payment processors to process your payments. The use of such third-party payment processors is subject to the terms and conditions and privacy policies of such third parties. We are not responsible for the actions or omissions of such third parties.

7.      You are responsible for any fees or charges that may be incurred by your wireless or internet service provider in connection with your use of the App or Services.

8.      If you are purchasing the Services on behalf of a business, you represent and warrant that you have the authority to bind the business to these Terms.

Return and Refund Policy

1.      If you are not satisfied with the Services you have purchased through the App or Services, you may be entitled to a refund in accordance with this Return and Refund Policy and applicable law.

2.      To request a refund, you must contact us within seven (7) days of your purchase and provide a detailed explanation of your dissatisfaction with the Services. We shall review your request and, if we determine that a refund is appropriate, we shall process the refund in accordance with our policies and applicable law.

3.      We reserve the right to refuse a refund request if we determine that the Services were used in a manner that is not consistent with their intended purpose or if the request is otherwise fraudulent.

4.      If you have any questions about this Return and Refund Policy, please contact us at info@xecure.com.au

5.      This Return and Refund Policy is subject to change at any time, and any changes shall be effective upon posting to the App or Services. It is your responsibility to regularly check this Return and Refund Policy for any changes.

Your Suggestions

We welcome your feedback and suggestions regarding the App and Services. If you choose to submit any ideas, suggestions, documents, or proposals to us ("Suggestions"), you acknowledge and agree that:

1.      Your Suggestions do not contain confidential or proprietary information.

2.      We are not under any obligation of confidentiality, express or implied, with respect to the Suggestions.

3.      We may use or disclose the Suggestions for any purpose, in any way, and in any media worldwide.

4.      We may have something similar to the Suggestions already under consideration or in development.

5.      Your Suggestions automatically become our property without any obligation to you.

6.      You are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

7.      By submitting your Suggestions to us, you represent and warrant that you have the right to do so and that your Suggestions do not infringe upon the intellectual property rights of any third party.

Your Consent

1.      By using the App or Services, you consent to the collection, use, and sharing of your Personal Information in accordance with these Terms and our privacy policy.

2.      You also consent to the use of cookies and other tracking technologies in accordance with these Terms and our privacy policy.

3.      You may change your preferences regarding the collection, use, and sharing of your Personal Information at any time by accessing your account settings or contacting us at [Insert contact information].

4.      If you do not agree to the collection, use, and sharing of your Personal Information in accordance with these Terms and our privacy policy, you shall not use the App or Services.

5.      We may send you notifications or other communications through the App or via email or text message. You may opt-out of receiving these notifications at any time by accessing your account settings or contacting us at info@xecure.com.au

6.      By using the App or Services, you consent to the use of your Personal Information for the purpose of providing the Services to you and for other purposes as set forth in these Terms and our privacy policy.

7.      You may withdraw your consent at any time by contacting us at info@xecure.com.au  or by accessing your account settings. Please note that the withdrawal of your consent may affect your ability to use the App or Services.

Links to Other Websites

1.      The App and Services may contain links to websites and services that are owned or operated by third parties (the "Linked Services"). These links are provided for your convenience only, and do not imply any endorsement by us of the Linked Services or the content, products, or services available on or through the Linked Services.

2.      We have no control over, and are not responsible for, the content, privacy policies, or practices of the Linked Services. You are solely responsible for your interactions with the Linked Services, and you should carefully review the terms and conditions and privacy policies of the Linked Services.

3.      We do not endorse, guarantee, or make any representations or warranties regarding the Linked Services, or any content, products, or services available on or through the Linked Services.

4.      We are not responsible for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on the Linked Services, or any content, products, or services available on or through the Linked Services.

5.      Your use of the Linked Services is subject to the terms and conditions and privacy policies of those websites and services.

Cookies

1.      We may use cookies and other tracking technologies to collect information about your use of the App and Services. This information may include your device type, IP address, browser type, operating system, device identifiers, and other technical information.

2.      We may use this information to improve the App and Services, to personalize your experience, and to analyze and understand how the App and Services are being used.

3.      We may use cookies to remember your preferences and settings, to keep you logged in to the App or Services, to track your use of the App and Services, and to collect certain information about your device and internet connection, such as your IP address, browser type, and operating system.

4.      We may also use cookies to serve personalized advertisements to you on other websites or apps, based on your interests and browsing history.

5.      You can control the use of cookies through your browser settings. However, please note that if you disable cookies, some features of the App and Services may not be available or may not function properly.

6.      Our use of cookies and other tracking technologies is subject to our privacy policy. By using the App and Services, you consent to the use of cookies and other tracking technologies in accordance with these Terms and our privacy policy.

7.      You may change your preferences regarding the use of cookies at any time by accessing your browser settings or by contacting us at info@xecure.com.au. Please note that some features of the App and Services may not function properly if you disable cookies.

8.      We may also use third-party analytics tools to help us understand how the App and Services are being used. These tools may use cookies and other tracking technologies to collect and analyze information about your use of the App and Services.

9.      We do not have access to, or control over, the cookies that may be placed by third-party advertisers or service providers on the App or Services. You should review the privacy policies of these third parties to understand their use of cookies.

10.  By using the App or Services, you consent to the use of cookies and other tracking technologies in accordance with these Terms and our privacy policy.

Changes to Our Terms and Conditions

  1. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified terms on the App or Services.

  2. Your continued use of the App or Services after the posting of modified terms shall be deemed acceptance of the modified terms.

  3. If you do not agree to the modified terms, you shall not use the App or Services.

  4. It is your responsibility to regularly check these Terms for any modifications.

  5. We may also change, suspend, or discontinue the App or Services (in whole or in part) at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App or Services.

  6. We may also change our policies, guidelines, and terms and conditions that apply to the App and Services at any time. We shall provide you with reasonable notice of any such changes.

  7. Your continued use of the App or Services after the posting of any changes to our policies, guidelines, or terms and conditions shall be deemed acceptance of those changes.

  8. If you do not agree to the modified policies, guidelines, or terms and conditions, you shall not use the App or Services.

  9. It is your responsibility to regularly check our policies, guidelines, and terms and conditions for any changes.

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Modifications to Our Service

1.      We reserve the right to modify, suspend, or discontinue the App or Services (in whole or in part) at any time, with or without notice to you.

2.      We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App or Services.

3.      We may also change, update, or add new features to the App or Services at any time, and we may also remove or discontinue any features at any time.

4.      We may also make changes to the software, hardware, or other technical requirements needed to access or use the App or Services. It is your responsibility to ensure that you have the necessary software, hardware, and other technical resources to access and use the App or Services.

5.      We may also impose limits on certain features or restrict your access to parts or all of the App or Services without notice or liability.

6.      Your continued use of the App or Services after any such modification, suspension, or discontinuation shall be deemed acceptance of the modified App or Services.

7.      If you do not agree to the modified App or Services, you shall not use the App or Services.

8.      It is your responsibility to regularly check for any changes to the App or Services.

Updates to Our Service

1.      We may from time-to-time release updates to the App or Services, which may include bug fixes, feature enhancements, and new features.

2.      These updates may be automatically installed on your device, or you may be required to manually install the updates.

3.      By using the App or Services, you consent to the automatic installation of updates. If you do not want to receive updates, you may disable the automatic update feature in your device settings or by contacting us at info@xecure.com.au. Please note that some features of the App or Services may not function properly if you disable updates.

4.      We do not guarantee that the App or Services shall be compatible with your device or operating system, and we are not responsible for any damages or losses that may result from the use of the App or Services on an incompatible device or operating system.

5.      It is your responsibility to ensure that your device and operating system meet the minimum requirements for the App or Services, and to keep your device and operating system up to date.

6.      We may also release updates to the software, hardware, or other technical requirements needed to access or use the App or Services. It is your responsibility to ensure that you have the necessary software, hardware, and other technical resources to access and use the App or Services.

7.      Your continued use of the App or Services after the release of any updates shall be deemed acceptance of the updated App or Services.

8.      If you do not agree to the updated App or Services, you shall not use the App or Services.

9.      It is your responsibility to regularly check for updates to the App or Services.

Third-Party Services

1.      The App and Services may integrate with or include features or functionality provided by third parties ("Third-Party Services"). These Third-Party Services may include, but are not limited to, social media platforms, payment processors, and advertising networks.

2.      We do not endorse, guarantee, or make any representations or warranties regarding the Third-Party Services, or any content, products, or services available through the Third-Party Services.

3.      Your use of the Third-Party Services is subject to the terms and conditions and privacy policies of those services. We are not responsible for the actions or omissions of the Third-Party Services, and we are not liable for any damages or losses caused or alleged to be caused by or in connection with your use of the Third-Party Services.

4.      We may receive data or other information from the Third-Party Services in connection with your use of the App and Services. This data may be used to personalize your experience on the App and Services and to improve the App and Services.

5.      You may be required to create an account or provide personal information to use certain Third-Party Services. You are solely responsible for your interactions with the Third-Party Services, and you should carefully review the terms and conditions and privacy policies of the Third-Party Services.

6.      We are not responsible for any data or information that you may share with the Third-Party Services, and we are not liable for any damages or losses caused or alleged to be caused by or in connection with the data or information that you share with the Third-Party Services.

7.      If you have any questions or concerns about the Third-Party Services, you should contact the Third-Party Services directly.

Termination of Services

1.      We reserve the right to terminate your access to the App or Services at any time, without notice, and without liability to you.

2.      We may terminate your access to the App or Services if we determine that you have violated these Terms or any applicable laws or regulations.

3.      Upon termination of your access to the App or Services, your right to use the App or Services shall immediately cease, and you may no longer have access to your account or any data or information associated with your account.

4.      We are not responsible for any damages or losses caused or alleged to be caused by the termination of your access to the App or Services.

5.      You may terminate your use of the App or Services at any time by deleting the App from your device and cancelling any subscriptions or memberships.

6.      The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

1.      You agree to indemnify and hold us, our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App or Services, your violation of these Terms, or your violation of any rights of another.

2.      We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

3.      This indemnification obligation shall survive the termination of your use of the App or Services and these Terms.

4.      You agree to cooperate fully with us in the defence of any claim.

5.      You agree that we shall have the right to select our own counsel, at our expense, to defend us against any such claim.

6.      You shall not settle any claim covered by this indemnification provision without our prior written approval.

7.      You acknowledge and agree that the provisions of this indemnification clause are for the benefit of us and our affiliates, officers, agents, and employees, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on their own behalf.

No Warranties

1.      The App and Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the App or Services or the information, content, materials, or products included on the App or Services.

2.      We do not warrant that the App or Services shall be uninterrupted or error-free, and we shall not be liable for any interruptions or errors.

3.      We do not warrant that the App or Services or any content, materials, or products included on the App or Services shall be free from viruses or other harmful components.

4.      We do not warrant that the App or Services or any content, materials, or products included on the App or Services shall be accurate, reliable, or current.

5.      We do not endorse, guarantee, or make any representations or warranties regarding the quality, safety, or efficacy of any products or services purchased or obtained through the App or Services.

6.      You acknowledge that you are using the App and Services at your own risk, and that you are solely responsible for any damage to your device or loss of data that may result from the use of the App or Services.

7.      To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

8.      We do not warrant that the App or Services shall meet your specific requirements, or that the App or Services shall be compatible with your device or operating system.

9.      We do not warrant that the App or Services shall be available at any particular time or location, or that the App or Services shall function in an uninterrupted or error-free manner.

Limitation of Liability

1.      We shall not be liable for any damages of any kind arising from the use of the App or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

2.      We shall not be liable for any damages resulting from the loss of use, data, or profits, or from any unauthorized access to or alteration of your transmissions or data.

3.      We shall not be liable for any damages arising from the failure of the App or Services to perform as expected, or from any errors or omissions in the content or materials on the App or Services.

4.      We shall not be liable for any damages arising from the use of or reliance on the information, content, materials, or products included on the App or Services.

5.      We shall not be liable for any damages arising from the use of any Third-Party Services accessed through the App or Services.

6.      We shall not be liable for any damages arising from the use of any products or services purchased or obtained through the App or Services.

7.      We shall not be liable for any damages arising from the loss of access to the App or Services, or from the termination of your access to the App or Services.

8.      We shall not be liable for any damages arising from any event beyond our reasonable control, including, but not limited to, acts of God, wars, riots, strikes, fires, natural disasters, and power outages.

9.      We shall not be liable for any damages arising from the unauthorized use of your account or any unauthorized access to your data or information.

10.  We shall not be liable for any damages arising from your violation of these Terms or any applicable laws or regulations.

11.  In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the App or Services.

Severability

1.      If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms shall remain in full force and effect.

2.      If any invalid or unenforceable provision is found to be valid or enforceable if modified, the provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

3.      The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

4.      If any provision of these Terms is found to be invalid or unenforceable, it shall be deemed to be modified to the minimum extent necessary to make it valid and enforceable, and the remainder of these Terms shall remain in full force and effect.

Waiver

1.      Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

2.      If we do not exercise or enforce any right or provision of these Terms, it shall not be deemed a waiver of such right or provision.

3.      A waiver of any right or provision of these Terms shall only be effective if it is in writing and signed by us.

4.      No waiver of any right or provision of these Terms shall be deemed a further or continuing waiver of such right or provision, or a waiver of any other right or provision.

5.      If we waive any right or provision of these Terms, it shall not mean that we waive any other right or provision.

6.      Any waiver of any right or provision of these Terms shall only be effective for the specific instance and purpose for which it was given.

7.      We reserve the right to exercise or enforce any right or provision of these Terms at any time, in our sole discretion.

8.      The rights and remedies provided in these Terms are cumulative and are in addition to any other rights and remedies available at law or in equity.

Amendments to These Terms and Conditions

1.      We reserve the right to modify these Terms at any time, with or without notice to you.

2.      We shall post any revised Terms on the App or Services, and we encourage you to review the Terms regularly.

3.      Your continued use of the App or Services after any such modification shall be deemed acceptance of the modified Terms.

4.      If you do not agree to the modified Terms, you shall not use the App or Services.

5.      It is your responsibility to regularly check for any modifications to the Terms.

6.      We may also update, change, or add new features to the App or Services at any time, and we may also remove or discontinue any features at any time. Your continued use of the App or Services after the release of any updates or changes shall be deemed acceptance of the updated or changed App or Services.

7.      If you do not agree to the updated or changed App or Services, you shall not use the App or Services.

8.      It is your responsibility to regularly check for updates or changes to the App or Services.

Entire Agreement

1.      These Terms constitute the entire agreement between you and us regarding the use of the App and Services.

2.      These Terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

3.      If any part of these Terms is determined to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

4.      A waiver of any right or provision under these Terms shall be effective only if it is in writing and signed by us.

5.      Any rights not expressly granted in these Terms are reserved by us.

6.      You acknowledge that you have read these Terms, understand them, and agree to be bound by their terms and conditions.

7.      You shall not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without your consent.

8.      These Terms shall be binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns.

9.      The section titles in these Terms are for convenience only and have no legal or contractual effect.

10.  These Terms shall be governed by and construed in accordance with the laws of the State of Australia, without giving effect to any principles of conflicts of law.

11.  Any legal action or proceeding arising out of or related to these Terms or the App or Services shall be brought exclusively in the federal or state courts located in the State of Australia. You and we consent to the personal jurisdiction of these courts.

Updates to Our Terms

1.      We reserve the right to update these Terms at any time, with or without notice to you.

2.      We shall post any revised Terms on the App or Services, and we encourage you to review the Terms regularly.

3.      Your continued use of the App or Services after any such modification shall be deemed acceptance of the modified Terms.

4.      If you do not agree to the modified Terms, you shall not use the App or Services.

5.      It is your responsibility to regularly check for any modifications to the Terms.

6.      The revised Terms shall be effective as of the date of their posting, and the previous versions of these Terms shall no longer be effective.

7.      The revised Terms shall apply to your use of the App or Services from the date of their posting forward.

8.      If you have any questions about these Terms, please contact us at info@xecure.com.au

Intellectual Property

1.      The App and Services, and all content, materials, and information included on the App or Services, including, but not limited to, text, graphics, logos, images, software, and data (the "Content") are the property of us or our licensors, and are protected by copyright, trademark, and other intellectual property laws.

2.      You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App and Services, and to view and download the Content, for your personal, non-commercial use only.

3.      You shall not use the App or Services or the Content for any commercial purpose without our prior written consent.

4.      You shall not modify, reproduce, distribute, display, perform, publish, create derivative works from, or exploit the App or Services or the Content in any way without our prior written consent.

5.      You shall not use any data mining, robots, or similar data gathering or extraction tools to access, monitor, or copy any content or information on the App or Services.

6.      You shall not use the App or Services or the Content in any manner that could damage, disable, overburden, or impair the App or Services, or interfere with any other party's use and enjoyment of the App or Services.

7.      You shall not use the App or Services or the Content in any manner that could infringe upon the intellectual property rights of us or our licensors.

8.      You shall not use the App or Services or the Content in any manner that could violate any applicable laws or regulations.

9.      You shall not use the App or Services or the Content in any manner that could create a liability for us or cause us to lose the services of our internet service providers or other suppliers.

10.  You shall not use the App or Services or the Content in any manner that could create a link to or frame any other website or application without our prior written consent.

11.  You shall not use the App or Services or the Content in any manner that could create a link to or frame any other website or application without our prior written consent.

12.  We reserve all rights not expressly granted in these Terms.

Agreement to Arbitrate

1.      You and we agree to resolve any disputes arising out of or related to these Terms or the App or Services through arbitration, rather than in court as a first resort.

2.      This Agreement to Arbitrate ("Arbitration Agreement") shall apply to any and all claims, disputes, or controversies arising out of or related to these Terms or the App or Services, including, but not limited to, claims arising out of or relating to interpretation or application of this Arbitration Agreement, any provisions of these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or any claims that arose before these Terms or any prior agreements between you and us.

3.      This Arbitration Agreement shall survive termination of these Terms or the App or Services. The parties shall pay the arbitrator's fees and expenses.

4.      The arbitration shall be conducted in the English language, and shall be held in Queensland, Australia using the International Arbitration Act 1974.

5.      The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall be conducted on a confidential basis, and the arbitration proceedings, including the award, shall be kept confidential by the parties and the arbitrator, except as may be required by law.

6.      The arbitration shall be final and binding, and the judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof.

7.      This Arbitration Agreement does not prevent either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

8.      This Arbitration Agreement does not prevent either party from seeking relief in small claims court for claims within the jurisdiction of small claims court.

9.      This Arbitration Agreement does not prevent either party from seeking relief from a court of appropriate jurisdiction to stop or prevent an actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

10.  This Arbitration Agreement does not prevent either party from seeking an injunction or other equitable relief from a court

Notice of Dispute

  1. If you have a dispute with us, you must send a written Notice of Dispute to our legal team either by email or contact our legal team at the following contact number:

  2. The Notice of Dispute must include:

  • Your name, address, and contact information;

  • A description of the dispute and the specific relief you are seeking;

  • A statement of the facts supporting your position on the dispute; and

  • A statement indicating that you are willing to resolve the dispute through binding arbitration.

  1. We shall review the Notice of Dispute and attempt to resolve the dispute informally.

  2. If we are unable to resolve the dispute informally, we shall engage in arbitration in accordance with the terms of the Arbitration Agreement.

  3. The arbitration shall be conducted in the English language, and shall be held in Queensland, Australia.

  4. This Notice of Dispute provision does not prevent either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

  5. This Notice of Dispute provision does not prevent either party from seeking relief in small claims court for claims within the jurisdiction of small claims court.

  6. This Notice of Dispute provision does not prevent either party from seeking relief from a court of appropriate jurisdiction to stop or prevent an actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  7. This Notice of Dispute provision does not prevent either party from seeking an injunction or other equitable relief from a court of appropriate jurisdiction to stop or prevent an actual or threatened breach of these Terms or to enforce these Terms.

Submissions and Privacy

1.      Any information, feedback, comments, or other submissions you provide to us through the App or Services shall be considered non-confidential and non-proprietary.

2.      You grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, and publicly display and perform your submissions in connection with the App or Services and our business.

3.      We may use your submissions for any purpose, including, but not limited to, developing and marketing products and services, and improving the App or Services.

4.      You represent and warrant that you have all rights necessary to grant us the license above and that your submissions do not violate any intellectual property rights or any other rights of any third party.

5.      We respect your privacy and shall protect your personal information in accordance with our privacy policy.

6.      Our Privacy Policy explains how we collect, use, and share your personal information, and your rights in relation to your personal information.

7.      By using the App or Services, you consent to the collection, use, and sharing of your personal information in accordance with our Privacy Policy.

8.      If you have any questions about our privacy practices, please contact us at info@xecure.com.au

Promotions

1.      We may offer promotions, contests, sweepstakes, or other marketing activities on the App or Services from time to time.

2.      These promotions may have additional terms and conditions, which shall be provided to you at the time of the promotion.

3.      You must comply with the additional terms and conditions in order to participate in the promotion.

4.      We reserve the right to modify, terminate, or suspend any promotion at any time, with or without notice.

5.      We are not responsible for any errors or omissions in the promotion materials or any failure to properly process any entries.

6.      We are not responsible for any incorrect or inaccurate information, whether caused by users of the App or Services or by any of the equipment or programming associated with or utilized in the promotion, or by any technical or human error which may occur in the processing of the entries.

7.      We are not responsible for any unauthorized use of the App or Services or the promotion materials.

8.      We are not responsible for any fraud or misconduct on the part of the participants in the promotion.

9.      We reserve the right to disqualify any participant who tampers with the entry process or violates these Terms or the additional terms and conditions of the promotion.

10.  We reserve the right to modify or cancel the promotion if it becomes technically or otherwise compromised.

11.  We reserve the right to cancel or modify the promotion if fraud or technical failures destroy the integrity of the promotion, as determined by us in our sole discretion.

12.  The decisions of us regarding the promotion are final and binding.

13.  The promotion is void where prohibited by law.

14.  The promotion is subject to all applicable federal, state, and local laws and regulations.

15.  The promotion is void where prohibited by law.

Typographical Errors

1.      We strive to ensure that the information on the App or Services is accurate and up-to-date.

2.      However, we do not warrant that the information on the App or Services is free from errors or omissions.

3.      We reserve the right to correct any errors or omissions on the App or Services at any time, with or without notice to you.

4.      We are not responsible for any typographical errors or inaccuracies on the App or Services.

5.      If you discover any errors or omissions on the App or Services, please contact us at info@xecure.com.au so that we can correct them as soon as possible.

6.      We are not responsible for any errors or omissions in the pricing or availability of any products or services on the App or Services.

7.      If you place an order for a product or service that is listed at an incorrect price or with incorrect availability, we shall contact you to inform you of the error and to ask whether you would like to proceed with the order at the correct price or availability. If you do not wish to proceed with the order at the correct price or availability, we shall cancel the order and issue a full refund.

8.      We are not responsible for any errors or omissions in the descriptions or specifications of any products or services on the App or Services.

9.      We are not responsible for any errors or omissions in the images or other media representing any products or services on the App or Services.

10.  We are not responsible for any errors or omissions in the availability or delivery of any products or services on the App or Services.

Miscellaneous

1.      These Terms constitute the entire agreement between you and us, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

2.      You shall not assign or transfer these Terms or your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms or our rights or obligations under these Terms, in whole or in part, without your consent.

3.      If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

4.      The failure of either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

5.      The section titles in these Terms are for convenience only and have no legal or contractual effect.

6.      These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

7.      These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia without giving effect to any principles of conflicts of law.

8.      Any action arising out of or related to these Terms or the App or Services must be brought in the federal or state courts located in Queensland, Australia and you irrevocably consent to the jurisdiction of such courts.

9.      These Terms, and any rights and licenses granted hereunder, shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

10.  We may provide translations of these Terms for your convenience, but the English version shall control in the event of any conflict or inconsistency.

11.  The App or Services may contain links to third-party websites or applications. We do not endorse and are not responsible for the content or practices of these websites or applications. You should review the terms of use and privacy policies of these websites or applications before using them.

12.  We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the App or Services.

13.  You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App or Services.

14.  These Terms and the relationship between you and us shall be governed by the laws of the State of [Insert state] without regard to its conflict of law provisions.

Contact Us

If you have any questions, comments, or concerns about the App or Services, please contact us at info@xecure.com.au. We shall make every effort to respond to your inquiries in a timely and satisfactory manner.

If you have any technical issues with the App or Services, please contact us at info@xecure.com.au  and provide as much detail as possible about the issue, including the type of device you are using, the operating system and version, and any error messages you may have received. We shall work with you to troubleshoot any technical issues and resolve them as quickly as possible.

If you have any questions or concerns about these Terms, please contact us at info@xecure.com.au before using the App or Services. We are always happy to help, and we appreciate your business.

ReplyForward

Terms Of Service

Updated 12-09-2023.

 

General Terms

  1. These terms and conditions (the "Terms") govern your use of the Xecure mobile application (the "App") and any related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in these Terms, you shall not use the Services.

  2. The App and Services are provided by Xecure Phone, a limited liability company, incorporated in Queensland, Australia (hereinafter "we," "us," or "our").

  3. The App and Services are intended for use by individuals who are 18 years of age. By using the App or Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are under the age of 18, you shall not use the App or Services.

  4. The App and Services may be updated from time to time, and may change without notice to you. We reserve the right to modify, suspend, or discontinue the App or Services (in whole or in part) at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App or Services.

  5. The App and Services are provided on an "as is" and "as available" basis, and we make no representations or warranties of any kind, express or implied, as to the operation of the App or Services. We shall not be liable for any damages of any kind arising from the use of the App or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

  6. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified terms on the App or Services. Your continued use of the App or Services shall be deemed acceptance of the modified Terms. It is your responsibility to regularly check these Terms for any modifications.

  7. These Terms, together with any additional terms and conditions that may be provided by us from time to time, constitute the entire agreement between you and us concerning the App and Services. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

  8. These Terms and your use of the App and Services are governed by the laws of Australia and any disputes arising out of or in connection with these Terms or the App and Services shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

License

  1. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal use.

  2. You shall not rent, lease, lend, sell, redistribute, or sublicense the App or Services or any part thereof. You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App or Services).

  3. We reserve all rights not expressly granted to you in these Terms.

  4. You acknowledge that the App and Services may include third-party software that is subject to separate license terms. Your use of such third-party software is subject to such separate license terms, and not these Terms.

  5. You shall not use the App or Services for any illegal or unauthorized purpose. You must not, in the use of the App or Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

  6. Any breach of these license terms shall result in the immediate termination of the license granted to you in these Terms and the termination of your right to use the App and Services.

Definition and Key Terms

  1. "Content" refers to any text, graphics, images, software, music, audio, video, information, or other materials that may be available on or through the App or Services.

  2. "Account" refers to the account you create in order to access and use the Services.

  3. "User Content" refers to any content that you or other users post or upload to the App or Services, including but not limited to text, images, and videos.

  4. "Personal Information" refers to any information that can be used to identify you, including but not limited to your name, address, phone number, and email address.

  5. "Cookies" refer to small pieces of data that are stored on your device when you visit a website or use an app. These pieces of data are used to help the website or app remember certain information about you, such as your preferences or login information.

  6. "Third-Party Services" refer to any services or websites that are not owned or controlled by us, including but not limited to social media platforms and advertising networks.

  7. "Linked Services" refer to any third-party services that you may link to or access through the App or Services, including but not limited to social media platforms and payment processing services.

  8. "Intellectual Property" refers to all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and moral rights.

  9. "Agreement" refers to these Terms and any additional terms and conditions that may be provided by us from time to time.

Restrictions

  1. You shall not use the App or Services in any manner that could damage, disable, overburden, or impair the App or Services or interfere with any other party's use and enjoyment of the App or Services.

  2. You shall not attempt to gain unauthorized access to the App or Services, any accounts, computer systems or networks connected to the App or Services, or any of the services offered on or through the App or Services, through hacking, password mining, or any other means.

  3. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App or Services.

  4. You shall not use the App or Services for any illegal or unauthorized purpose. You must not, in the use of the App or Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

  5. You shall not use the App or Services to transmit any virus, worm, Trojan horse, or other malicious or harmful code.

  6. You shall not use the App or Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of duplicative or unsolicited messages.

  7. You shall not use the App or Services to engage in any activities that may be harmful to minors.

  8. You shall not use the App or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  9. You shall not use the App or Services to engage in any activities that may infringe upon the privacy of others.

  10. Any violation of these restrictions may result in the termination of your Account and the termination of your right to use the App and Services.

Payments

  1. Some of the Services may be available for purchase through the App or Services. By making a purchase, you agree to pay the applicable fees and taxes, and to the payment terms set forth in these Terms.

  2. All fees and charges are non-refundable, except in the case of an unsatisfactory service or as required by law.

  3. We reserve the right to change the fees and charges for the Services at any time, and we shall provide you with reasonable notice of any such changes.

  4. We may offer promotions or discounts on the Services from time to time. The terms and conditions of such promotions or discounts shall be set forth in the applicable promotional materials, and may be subject to additional terms and conditions.

  5. You may be required to provide payment information in order to purchase the Services. You represent and warrant that you have the right to use any payment method you provide to us. We reserve the right to cancel or suspend your access to the Services if your payment information is invalid or if we are unable to charge your payment method for any reason.

  6. We may use third-party payment processors to process your payments. The use of such third-party payment processors is subject to the terms and conditions and privacy policies of such third parties. We are not responsible for the actions or omissions of such third parties.

  7. You are responsible for any fees or charges that may be incurred by your wireless or internet service provider in connection with your use of the App or Services.

  8. If you are purchasing the Services on behalf of a business, you represent and warrant that you have the authority to bind the business to these Terms.

Return and Refund Policy

  1. If you are not satisfied with the Services you have purchased through the App or Services, you may be entitled to a refund in accordance with this Return and Refund Policy and applicable law.

  2. To request a refund, you must contact us within seven (7) days of your purchase and provide a detailed explanation of your dissatisfaction with the Services. We shall review your request and, if we determine that a refund is appropriate, we shall process the refund in accordance with our policies and applicable law.

  3. We reserve the right to refuse a refund request if we determine that the Services were used in a manner that is not consistent with their intended purpose or if the request is otherwise fraudulent.

  4. If you have any questions about this Return and Refund Policy, please contact us at info@xecure.co.ke

  5. This Return and Refund Policy is subject to change at any time, and any changes shall be effective upon posting to the App or Services. It is your responsibility to regularly check this Return and Refund Policy for any changes.

Your Suggestions

We welcome your feedback and suggestions regarding the App and Services. If you choose to submit any ideas, suggestions, documents, or proposals to us ("Suggestions"), you acknowledge and agree that:

  1. Your Suggestions do not contain confidential or proprietary information.

  2. We are not under any obligation of confidentiality, express or implied, with respect to the Suggestions.

  3. We may use or disclose the Suggestions for any purpose, in any way, and in any media worldwide.

  4. We may have something similar to the Suggestions already under consideration or in development.

  5. Your Suggestions automatically become our property without any obligation to you.

  6. You are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

  7. By submitting your Suggestions to us, you represent and warrant that you have the right to do so and that your Suggestions do not infringe upon the intellectual property rights of any third party.

Your Consent

  1. By using the App or Services, you consent to the collection, use, and sharing of your Personal Information in accordance with these Terms and our privacy policy.

  2. You also consent to the use of cookies and other tracking technologies in accordance with these Terms and our privacy policy.

  3. You may change your preferences regarding the collection, use, and sharing of your Personal Information at any time by accessing your account settings or contacting us at [Insert contact information].

  4. If you do not agree to the collection, use, and sharing of your Personal Information in accordance with these Terms and our privacy policy, you shall not use the App or Services.

  5. We may send you notifications or other communications through the App or via email or text message. You may opt-out of receiving these notifications at any time by accessing your account settings or contacting us at info@xecure.co.ke

  6. By using the App or Services, you consent to the use of your Personal Information for the purpose of providing the Services to you and for other purposes as set forth in these Terms and our privacy policy.

  7. You may withdraw your consent at any time by contacting us at info@xecure.co.ke or by accessing your account settings. Please note that the withdrawal of your consent may affect your ability to use the App or Services.

Links to Other Websites

  1. The App and Services may contain links to websites and services that are owned or operated by third parties (the "Linked Services"). These links are provided for your convenience only, and do not imply any endorsement by us of the Linked Services or the content, products, or services available on or through the Linked Services.

  2. We have no control over, and are not responsible for, the content, privacy policies, or practices of the Linked Services. You are solely responsible for your interactions with the Linked Services, and you should carefully review the terms and conditions and privacy policies of the Linked Services.

  3. We do not endorse, guarantee, or make any representations or warranties regarding the Linked Services, or any content, products, or services available on or through the Linked Services.

  4. We are not responsible for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on the Linked Services, or any content, products, or services available on or through the Linked Services.

  5. Your use of the Linked Services is subject to the terms and conditions and privacy policies of those websites and services.

Cookies

  1. We may use cookies and other tracking technologies to collect information about your use of the App and Services. This information may include your device type, IP address, browser type, operating system, device identifiers, and other technical information.

  2. We may use this information to improve the App and Services, to personalize your experience, and to analyze and understand how the App and Services are being used.

  3. We may use cookies to remember your preferences and settings, to keep you logged in to the App or Services, to track your use of the App and Services, and to collect certain information about your device and internet connection, such as your IP address, browser type, and operating system.

  4. We may also use cookies to serve personalized advertisements to you on other websites or apps, based on your interests and browsing history.

  5. You can control the use of cookies through your browser settings. However, please note that if you disable cookies, some features of the App and Services may not be available or may not function properly.

  6. Our use of cookies and other tracking technologies is subject to our privacy policy. By using the App and Services, you consent to the use of cookies and other tracking technologies in accordance with these Terms and our privacy policy.

  7. You may change your preferences regarding the use of cookies at any time by accessing your browser settings or by contacting us at info@xecure.co.ke. Please note that some features of the App and Services may not function properly if you disable cookies.

  8. We may also use third-party analytics tools to help us understand how the App and Services are being used. These tools may use cookies and other tracking technologies to collect and analyze information about your use of the App and Services.

  9. We do not have access to, or control over, the cookies that may be placed by third-party advertisers or service providers on the App or Services. You should review the privacy policies of these third parties to understand their use of cookies.

  10. By using the App or Services, you consent to the use of cookies and other tracking technologies in accordance with these Terms and our privacy policy.

Changes to Our Terms and Conditions

  1. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified terms on the App or Services.

  2. Your continued use of the App or Services after the posting of modified terms shall be deemed acceptance of the modified terms.

  3. If you do not agree to the modified terms, you shall not use the App or Services.

  4. It is your responsibility to regularly check these Terms for any modifications.

  5. We may also change, suspend, or discontinue the App or Services (in whole or in part) at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App or Services.

  6. We may also change our policies, guidelines, and terms and conditions that apply to the App and Services at any time. We shall provide you with reasonable notice of any such changes.

  7. Your continued use of the App or Services after the posting of any changes to our policies, guidelines, or terms and conditions shall be deemed acceptance of those changes.

  8. If you do not agree to the modified policies, guidelines, or terms and conditions, you shall not use the App or Services.

  9. It is your responsibility to regularly check our policies, guidelines, and terms and conditions for any changes.

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Modifications to Our Service

  1. We reserve the right to modify, suspend, or discontinue the App or Services (in whole or in part) at any time, with or without notice to you.

  2. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App or Services.

  3. We may also change, update, or add new features to the App or Services at any time, and we may also remove or discontinue any features at any time.

  4. We may also make changes to the software, hardware, or other technical requirements needed to access or use the App or Services. It is your responsibility to ensure that you have the necessary software, hardware, and other technical resources to access and use the App or Services.

  5. We may also impose limits on certain features or restrict your access to parts or all of the App or Services without notice or liability.

  6. Your continued use of the App or Services after any such modification, suspension, or discontinuation shall be deemed acceptance of the modified App or Services.

  7. If you do not agree to the modified App or Services, you shall not use the App or Services.

  8. It is your responsibility to regularly check for any changes to the App or Services.

Updates to Our Service

  1. We may from time-to-time release updates to the App or Services, which may include bug fixes, feature enhancements, and new features.

  2. These updates may be automatically installed on your device, or you may be required to manually install the updates.

  3. By using the App or Services, you consent to the automatic installation of updates. If you do not want to receive updates, you may disable the automatic update feature in your device settings or by contacting us at info@xecure.co.ke. Please note that some features of the App or Services may not function properly if you disable updates.

  4. We do not guarantee that the App or Services shall be compatible with your device or operating system, and we are not responsible for any damages or losses that may result from the use of the App or Services on an incompatible device or operating system.

  5. It is your responsibility to ensure that your device and operating system meet the minimum requirements for the App or Services, and to keep your device and operating system up to date.

  6. We may also release updates to the software, hardware, or other technical requirements needed to access or use the App or Services. It is your responsibility to ensure that you have the necessary software, hardware, and other technical resources to access and use the App or Services.

  7. Your continued use of the App or Services after the release of any updates shall be deemed acceptance of the updated App or Services.

  8. If you do not agree to the updated App or Services, you shall not use the App or Services.

  9. It is your responsibility to regularly check for updates to the App or Services.

Third-Party Services

  1. The App and Services may integrate with or include features or functionality provided by third parties ("Third-Party Services"). These Third-Party Services may include, but are not limited to, social media platforms, payment processors, and advertising networks.

  2. We do not endorse, guarantee, or make any representations or warranties regarding the Third-Party Services, or any content, products, or services available through the Third-Party Services.

  3. Your use of the Third-Party Services is subject to the terms and conditions and privacy policies of those services. We are not responsible for the actions or omissions of the Third-Party Services, and we are not liable for any damages or losses caused or alleged to be caused by or in connection with your use of the Third-Party Services.

  4. We may receive data or other information from the Third-Party Services in connection with your use of the App and Services. This data may be used to personalize your experience on the App and Services and to improve the App and Services.

  5. You may be required to create an account or provide personal information to use certain Third-Party Services. You are solely responsible for your interactions with the Third-Party Services, and you should carefully review the terms and conditions and privacy policies of the Third-Party Services.

  6. We are not responsible for any data or information that you may share with the Third-Party Services, and we are not liable for any damages or losses caused or alleged to be caused by or in connection with the data or information that you share with the Third-Party Services.

  7. If you have any questions or concerns about the Third-Party Services, you should contact the Third-Party Services directly.

Termination of Services

  1. We reserve the right to terminate your access to the App or Services at any time, without notice, and without liability to you.

  2. We may terminate your access to the App or Services if we determine that you have violated these Terms or any applicable laws or regulations.

  3. Upon termination of your access to the App or Services, your right to use the App or Services shall immediately cease, and you may no longer have access to your account or any data or information associated with your account.

  4. We are not responsible for any damages or losses caused or alleged to be caused by the termination of your access to the App or Services.

  5. You may terminate your use of the App or Services at any time by deleting the App from your device and cancelling any subscriptions or memberships.

  6. The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

  1. You agree to indemnify and hold us, our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App or Services, your violation of these Terms, or your violation of any rights of another.

  2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

  3. This indemnification obligation shall survive the termination of your use of the App or Services and these Terms.

  4. You agree to cooperate fully with us in the defense of any claim.

  5. You agree that we shall have the right to select our own counsel, at our expense, to defend us against any such claim.

  6. You shall not settle any claim covered by this indemnification provision without our prior written approval.

  7. You acknowledge and agree that the provisions of this indemnification clause are for the benefit of us and our affiliates, officers, agents, and employees, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on their own behalf.

No Warranties

  1. The App and Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the App or Services or the information, content, materials, or products included on the App or Services.

  2. We do not warrant that the App or Services shall be uninterrupted or error-free, and we shall not be liable for any interruptions or errors.

  3. We do not warrant that the App or Services or any content, materials, or products included on the App or Services shall be free from viruses or other harmful components.

  4. We do not warrant that the App or Services or any content, materials, or products included on the App or Services shall be accurate, reliable, or current.

  5. We do not endorse, guarantee, or make any representations or warranties regarding the quality, safety, or efficacy of any products or services purchased or obtained through the App or Services.

  6. You acknowledge that you are using the App and Services at your own risk, and that you are solely responsible for any damage to your device or loss of data that may result from the use of the App or Services.

  7. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

  8. We do not warrant that the App or Services shall meet your specific requirements, or that the App or Services shall be compatible with your device or operating system.

  9. We do not warrant that the App or Services shall be available at any particular time or location, or that the App or Services shall function in an uninterrupted or error-free manner.

Limitation of Liability

  1. We shall not be liable for any damages of any kind arising from the use of the App or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

  2. We shall not be liable for any damages resulting from the loss of use, data, or profits, or from any unauthorized access to or alteration of your transmissions or data.

  3. We shall not be liable for any damages arising from the failure of the App or Services to perform as expected, or from any errors or omissions in the content or materials on the App or Services.

  4. We shall not be liable for any damages arising from the use of or reliance on the information, content, materials, or products included on the App or Services.

  5. We shall not be liable for any damages arising from the use of any Third-Party Services accessed through the App or Services.

  6. We shall not be liable for any damages arising from the use of any products or services purchased or obtained through the App or Services.

  7. We shall not be liable for any damages arising from the loss of access to the App or Services, or from the termination of your access to the App or Services.

  8. We shall not be liable for any damages arising from any event beyond our reasonable control, including, but not limited to, acts of God, wars, riots, strikes, fires, natural disasters, and power outages.

  9. We shall not be liable for any damages arising from the unauthorized use of your account or any unauthorized access to your data or information.

  10. We shall not be liable for any damages arising from your violation of these Terms or any applicable laws or regulations.

  11. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the App or Services.

Severability

  1. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms shall remain in full force and effect.

  2. If any invalid or unenforceable provision is found to be valid or enforceable if modified, the provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

  3. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

  4. If any provision of these Terms is found to be invalid or unenforceable, it shall be deemed to be modified to the minimum extent necessary to make it valid and enforceable, and the remainder of these Terms shall remain in full force and effect.

Waiver

  1. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  2. If we do not exercise or enforce any right or provision of these Terms, it shall not be deemed a waiver of such right or provision.

  3. A waiver of any right or provision of these Terms shall only be effective if it is in writing and signed by us.

  4. No waiver of any right or provision of these Terms shall be deemed a further or continuing waiver of such right or provision, or a waiver of any other right or provision.

  5. If we waive any right or provision of these Terms, it shall not mean that we waive any other right or provision.

  6. Any waiver of any right or provision of these Terms shall only be effective for the specific instance and purpose for which it was given.

  7. We reserve the right to exercise or enforce any right or provision of these Terms at any time, in our sole discretion.

  8. The rights and remedies provided in these Terms are cumulative and are in addition to any other rights and remedies available at law or in equity.

Amendments to These Terms and Conditions

  1. We reserve the right to modify these Terms at any time, with or without notice to you.

  2. We shall post any revised Terms on the App or Services, and we encourage you to review the Terms regularly.

  3. Your continued use of the App or Services after any such modification shall be deemed acceptance of the modified Terms.

  4. If you do not agree to the modified Terms, you shall not use the App or Services.

  5. It is your responsibility to regularly check for any modifications to the Terms.

  6. We may also update, change, or add new features to the App or Services at any time, and we may also remove or discontinue any features at any time. Your continued use of the App or Services after the release of any updates or changes shall be deemed acceptance of the updated or changed App or Services.

  7. If you do not agree to the updated or changed App or Services, you shall not use the App or Services.

  8. It is your responsibility to regularly check for updates or changes to the App or Services.

Entire Agreement

  1. These Terms constitute the entire agreement between you and us regarding the use of the App and Services.

  2. These Terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

  3. If any part of these Terms is determined to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

  4. A waiver of any right or provision under these Terms shall be effective only if it is in writing and signed by us.

  5. Any rights not expressly granted in these Terms are reserved by us.

  6. You acknowledge that you have read these Terms, understand them, and agree to be bound by their terms and conditions.

  7. You shall not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without your consent.

  8. These Terms shall be binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns.

  9. The section titles in these Terms are for convenience only and have no legal or contractual effect.

  10. These Terms shall be governed by and construed in accordance with the laws of the State of Australia, without giving effect to any principles of conflicts of law.

  11. Any legal action or proceeding arising out of or related to these Terms or the App or Services shall be brought exclusively in the federal or state courts located in the State of Australia. You and we consent to the personal jurisdiction of these courts.

Updates to Our Terms

  1. We reserve the right to update these Terms at any time, with or without notice to you.

  2. We shall post any revised Terms on the App or Services, and we encourage you to review the Terms regularly.

  3. Your continued use of the App or Services after any such modification shall be deemed acceptance of the modified Terms.

  4. If you do not agree to the modified Terms, you shall not use the App or Services.

  5. It is your responsibility to regularly check for any modifications to the Terms.

  6. The revised Terms shall be effective as of the date of their posting, and the previous versions of these Terms shall no longer be effective.

  7. The revised Terms shall apply to your use of the App or Services from the date of their posting forward.

  8. If you have any questions about these Terms, please contact us at info@xecure.co.ke

Intellectual Property

  1. The App and Services, and all content, materials, and information included on the App or Services, including, but not limited to, text, graphics, logos, images, software, and data (the "Content") are the property of us or our licensors, and are protected by copyright, trademark, and other intellectual property laws.

  2. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App and Services, and to view and download the Content, for your personal, non-commercial use only.

  3. You shall not use the App or Services or the Content for any commercial purpose without our prior written consent.

  4. You shall not modify, reproduce, distribute, display, perform, publish, create derivative works from, or exploit the App or Services or the Content in any way without our prior written consent.

  5. You shall not use any data mining, robots, or similar data gathering or extraction tools to access, monitor, or copy any content or information on the App or Services.

  6. You shall not use the App or Services or the Content in any manner that could damage, disable, overburden, or impair the App or Services, or interfere with any other party's use and enjoyment of the App or Services.

  7. You shall not use the App or Services or the Content in any manner that could infringe upon the intellectual property rights of us or our licensors.

  8. You shall not use the App or Services or the Content in any manner that could violate any applicable laws or regulations.

  9. You shall not use the App or Services or the Content in any manner that could create a liability for us or cause us to lose the services of our internet service providers or other suppliers.

  10. You shall not use the App or Services or the Content in any manner that could create a link to or frame any other website or application without our prior written consent.

  11. You shall not use the App or Services or the Content in any manner that could create a link to or frame any other website or application without our prior written consent.

  12. We reserve all rights not expressly granted in these Terms.

Agreement to Arbitrate

  1. You and we agree to resolve any disputes arising out of or related to these Terms or the App or Services through arbitration, rather than in court as a first resort.

  2. This Agreement to Arbitrate ("Arbitration Agreement") shall apply to any and all claims, disputes, or controversies arising out of or related to these Terms or the App or Services, including, but not limited to, claims arising out of or relating to interpretation or application of this Arbitration Agreement, any provisions of these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or any claims that arose before these Terms or any prior agreements between you and us.

  3. This Arbitration Agreement shall survive termination of these Terms or the App or Services. The parties shall pay the arbitrator's fees and expenses.

  4. The arbitration shall be conducted in the English language, and shall be held in Queensland, Australia using the International Arbitration Act 1974.

  5. The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall be conducted on a confidential basis, and the arbitration proceedings, including the award, shall be kept confidential by the parties and the arbitrator, except as may be required by law.

  6. The arbitration shall be final and binding, and the judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  7. This Arbitration Agreement does not prevent either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

  8. This Arbitration Agreement does not prevent either party from seeking relief in small claims court for claims within the jurisdiction of small claims court.

  9. This Arbitration Agreement does not prevent either party from seeking relief from a court of appropriate jurisdiction to stop or prevent an actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  10. This Arbitration Agreement does not prevent either party from seeking an injunction or other equitable relief from a court

Notice of Dispute

  1. If you have a dispute with us, you must send a written Notice of Dispute to our legal team either by email or contact our legal team at the following contact number:

  2. The Notice of Dispute must include:

  • Your name, address, and contact information;

  • A description of the dispute and the specific relief you are seeking;

  • A statement of the facts supporting your position on the dispute; and

  • A statement indicating that you are willing to resolve the dispute through binding arbitration.

  1. We shall review the Notice of Dispute and attempt to resolve the dispute informally.

  2. If we are unable to resolve the dispute informally, we shall engage in arbitration in accordance with the terms of the Arbitration Agreement.

  3. The arbitration shall be conducted in the English language, and shall be held in Queensland, Australia.

  4. This Notice of Dispute provision does not prevent either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

  5. This Notice of Dispute provision does not prevent either party from seeking relief in small claims court for claims within the jurisdiction of small claims court.

  6. This Notice of Dispute provision does not prevent either party from seeking relief from a court of appropriate jurisdiction to stop or prevent an actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  7. This Notice of Dispute provision does not prevent either party from seeking an injunction or other equitable relief from a court of appropriate jurisdiction to stop or prevent an actual or threatened breach of these Terms or to enforce these Terms.

Submissions and Privacy

  1. Any information, feedback, comments, or other submissions you provide to us through the App or Services shall be considered non-confidential and non-proprietary.

  2. You grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, and publicly display and perform your submissions in connection with the App or Services and our business.

  3. We may use your submissions for any purpose, including, but not limited to, developing and marketing products and services, and improving the App or Services.

  4. You represent and warrant that you have all rights necessary to grant us the license above and that your submissions do not violate any intellectual property rights or any other rights of any third party.

  5. We respect your privacy and shall protect your personal information in accordance with our privacy policy.

  6. Our Privacy Policy explains how we collect, use, and share your personal information, and your rights in relation to your personal information.

  7. By using the App or Services, you consent to the collection, use, and sharing of your personal information in accordance with our Privacy Policy.

  8. If you have any questions about our privacy practices, please contact us at info@xecure.co.ke

Promotions

  1. We may offer promotions, contests, sweepstakes, or other marketing activities on the App or Services from time to time.

  2. These promotions may have additional terms and conditions, which shall be provided to you at the time of the promotion.

  3. You must comply with the additional terms and conditions in order to participate in the promotion.

  4. We reserve the right to modify, terminate, or suspend any promotion at any time, with or without notice.

  5. We are not responsible for any errors or omissions in the promotion materials or any failure to properly process any entries.

  6. We are not responsible for any incorrect or inaccurate information, whether caused by users of the App or Services or by any of the equipment or programming associated with or utilized in the promotion, or by any technical or human error which may occur in the processing of the entries.

  7. We are not responsible for any unauthorized use of the App or Services or the promotion materials.

  8. We are not responsible for any fraud or misconduct on the part of the participants in the promotion.

  9. We reserve the right to disqualify any participant who tampers with the entry process or violates these Terms or the additional terms and conditions of the promotion.

  10. We reserve the right to modify or cancel the promotion if it becomes technically or otherwise compromised.

  11. We reserve the right to cancel or modify the promotion if fraud or technical failures destroy the integrity of the promotion, as determined by us in our sole discretion.

  12. The decisions of us regarding the promotion are final and binding.

  13. The promotion is void where prohibited by law.

  14. The promotion is subject to all applicable federal, state, and local laws and regulations.

  15. The promotion is void where prohibited by law.

Typographical Errors

  1. We strive to ensure that the information on the App or Services is accurate and up-to-date.

  2. However, we do not warrant that the information on the App or Services is free from errors or omissions.

  3. We reserve the right to correct any errors or omissions on the App or Services at any time, with or without notice to you.

  4. We are not responsible for any typographical errors or inaccuracies on the App or Services.

  5. If you discover any errors or omissions on the App or Services, please contact us at info@xecure.co.ke so that we can correct them as soon as possible.

  6. We are not responsible for any errors or omissions in the pricing or availability of any products or services on the App or Services.

  7. If you place an order for a product or service that is listed at an incorrect price or with incorrect availability, we shall contact you to inform you of the error and to ask whether you would like to proceed with the order at the correct price or availability. If you do not wish to proceed with the order at the correct price or availability, we shall cancel the order and issue a full refund.

  8. We are not responsible for any errors or omissions in the descriptions or specifications of any products or services on the App or Services.

  9. We are not responsible for any errors or omissions in the images or other media representing any products or services on the App or Services.

  10. We are not responsible for any errors or omissions in the availability or delivery of any products or services on the App or Services.

Miscellaneous

  1. These Terms constitute the entire agreement between you and us, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

  2. You shall not assign or transfer these Terms or your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms or our rights or obligations under these Terms, in whole or in part, without your consent.

  3. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

  4. The failure of either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

  5. The section titles in these Terms are for convenience only and have no legal or contractual effect.

  6. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

  7. These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia without giving effect to any principles of conflicts of law.

  8. Any action arising out of or related to these Terms or the App or Services must be brought in the federal or state courts located in Queensland, Australia and you irrevocably consent to the jurisdiction of such courts.

  9. These Terms, and any rights and licenses granted hereunder, shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

  10. We may provide translations of these Terms for your convenience, but the English version shall control in the event of any conflict or inconsistency.

  11. The App or Services may contain links to third-party websites or applications. We do not endorse and are not responsible for the content or practices of these websites or applications. You should review the terms of use and privacy policies of these websites or applications before using them.

  12. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the App or Services.

  13. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App or Services.

  14. These Terms and the relationship between you and us shall be governed by the laws of the State of [Insert state] without regard to its conflict of law provisions.

 

Contact Us

If you have any questions, comments, or concerns about the App or Services, please contact us at info@xecure.co.ke. We shall make every effort to respond to your inquiries in a timely and satisfactory manner.

If you have any technical issues with the App or Services, please contact us at info@xecure.co.ke  and provide as much detail as possible about the issue, including the type of device you are using, the operating system and version, and any error messages you may have received. We shall work with you to troubleshoot any technical issues and resolve them as quickly as possible.

If you have any questions or concerns about these Terms, please contact us at info@xecure.co.ke before using the App or Services. We are always happy to help, and we appreciate your business.

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