Terms & Conditions

Jago Website Terms of Use

 

About this Website

  1. This website is published by Jago Group Pty Limited A.C.N. 610 623 339 (Jago).
  2. Your use of http://getjago.com (Website) and our application which can be downloaded through any device connected to the internet (Application) is subject to these terms of use (Terms of Use). All services provided by Jago, including the Application and any services provided through this Website, are governed at a minimum by these Terms of Use and by all of the policies of Jago. If you do not accept these Terms of Use, you must refrain from using the Application and this Website.
  3. If you use the Application and this Website or undertake any activities through the Application and this Website, you will be deemed to have read, understood and accepted these Terms of Use.

 

Website Content

  1. Jago may, at any time, add or remove content from the Application and this Website without notice.
  2. Any articles, information or content published on the Application and this Website must be read subject to these Terms of Use.
  3. Although Jago uses its best endeavours to confirm the accuracy of any information published on the Application and this Website, you agree that Jago cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Jago. You agree to make your own enquiries to verify information provided.
  4. The information, materials and services in the Application and this Website are provided for general information purposes only. Information is current at the time of first publication. Information provided on and through the Application and this Website is not legal or other professional advice and is not intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service to Jago.
  5. The Application and this Website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Jago does not in any way represent that Jago recommends or endorses the relevant advertiser, its products or services or advertising content.
  6. Neither Jago nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. Neither you nor any other person may hold Jago liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
  7. Jago may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Jago does not accept any responsibility in connection with your participation in activities conducted by any other party.

 

Your Use of the Application and this Website

  1. You agree to use the Application and this Website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.
  2. You agree that you will not engage in any activity that interferes with or disrupts the Application and/or this Website or the servers and networks that host the Application and/or this Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Application and this Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Application and of this Website or the content.
  3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  4. Jago may stop (temporarily or permanently) providing access to the Application and this Website to you, or to guests or members generally, at its discretion and without prior notice to you.
  5. Jago may in its sole discretion restrict your access to the Application and this Website. If Jago does this, you may be prevented from accessing all or any part of the Application and this Website. Jago will not be liable to you or any third party for doing so.
  6. As electronic websites are subject to interruption or breakdown, access to the Application and this Website is offered on an “as is” and “as available” basis only.
  7. Jago may impose limits or restrictions on the use you may make of the Application and this Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, Jago may withdraw the Application and this Website, or change or remove the Application and this Website functionality at any time without notice to you.

 

Intellectual Property Rights

  1. You acknowledge that any intellectual property rights, including graphics, logos, trade marks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to the Application and/or this Website, are owned by Jago, a related body corporate of Jago, or a third party, and that these remain the property of those respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.
  2. Nothing contained on the Application and this Website is to be interpreted as a recommendation to use any information on the Application and this Website in a manner which infringes the intellectual property rights of any person. Jago makes no representations or warranties that your use of the information on the Application and this Website will not infringe such intellectual property rights.
  3. You may view the Application and this Website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Application and/or this Website or commercialise any information obtained from any part of the Application and this Website without the prior written consent of Jago or, in the case of third party material, from the owner of the copyright in that material.
  4. You may not modify or copy the layout or appearance of the Application and/or this Website nor any computer software or code contained in the Application and/or this Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Application and/or this Website.
  5. If you correspond or otherwise communicate with Jago, you automatically grant to Jago an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Application and this Website and developing your ideas and suggestions for improved products and services.

 

Links to Other Websites

  1. The Application and this Website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under the control of Jago and Jago is not responsible for the operation, availability or content of any linked website or any link contained in a linked website. Jago provides these links to you for convenience only and the inclusion of any link does not imply an endorsement by Jago in relation to the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, Jago disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all websites belonging to other parties that you visit.
  2. Jago reserves the right to prevent third parties from linking to the Application and/or this Website.

 

Secure Data and Transmissions

  1. Given the nature of the internet, Jago cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Jago does not warrant that your access to the Application and this Website will be uninterrupted, error free or that any defects will be corrected. Whilst Jago takes precautions to protect information, Jago does not warrant and cannot ensure the security of any content or information you transmit via the Application and/or the Website. You therefore transmit to the Application and this Website at your own risk. However, once Jago receives your transmission, Jago and its third parties will take reasonable steps to preserve its security.
  2. You must take your own precautions to ensure that the process which you use to access the Application and/or this Website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, Jago will not accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of the Application and this Website, any website or any linked website.

 

Cookies

  1. Cookies may be used on the Application and this Website to gather data in relation to the Application and this Website and you consent to this (although you may be able to disable cookies on your web browser).

 

Use of Your Information and Material

  1. Jago appreciates any suggestions you may have regarding ways in which the Application and/or this Website may be improved or materials which may be added to the Application and this Website (Unsolicited Ideas). Any Unsolicited Ideas that you submit will not be regarded as confidential and become the sole property of Jago upon being submitted to Jago. Jago may use, reproduce, disclose, publish, modify, adapt and transmit any Unsolicited Ideas to others, without restriction or any obligation to compensate you.

 

Privacy Policy

  1. The privacy policy of Jago (Privacy Policy) forms part of these Terms of Use. The Privacy Policy, available on the Application and this Website, explains how your personal information is collected and managed in accordance with the Privacy Act 1988, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and the Australian Privacy Principles.

 

Disclaimer

  1. Jago makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Website or to the availability, functionality or performance of such any information, content, materials or products, except as otherwise provided under any applicable law.
  2. Jago does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside its control), which you may directly or indirectly suffer in connection with your use of the Application and this Website or any linked website, nor does Jago accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, the Application and this Website. To the maximum extent permitted by law, Jago disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of the Application and this Website or the information that theycontain.
  3. The use of the information on the Application and this Website is at your own risk. To the extent permitted by law, Jago excludes all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on the Application and this Website or provided through the Application and this Website. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Jago limits its liability to the re-supply of the relevant information or services.
  4. You agree to indemnify Jago and other persons involved in the creation of the Application and this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of the Application and this Website, any information that you provide via the Application and this Website or any damage that you may cause to the Application and this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

 

Governing Law and Jurisdiction

  1. These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If you access the Application and this Website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Jago makes no representations that the content of the Application and this Website complies with the laws of any country outside Australia.

 

General

  1. These Terms of Use may be amended at any time without notice and your access to the Application and this Website may be terminated at any time without notice. Your continued use of the Application and this Website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to the Application and this Website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “Website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

 

Jago Mobile Application Terms of Use

 

  1. ABOUT THESE TERMS
  • The Application is owned and provided by Jago Group Pty Limited A.C.N. 610 623 339 (Jago).
  • Access to, and the use of, the Application, including the Services is provided by Jago.
  • Please read these Terms carefully. If You:
  • browse, read or use the Website;
  • set up an Account;
  • download or use the Application; or
  • undertake any activities through the Application, including using or making a request to use the Services,

You will be deemed to have read, understood and accepted these Terms.

  • If You do not accept these Terms, You must immediately cease from:
  • browsing, reading or using the Website;
  • setting up an Account;
  • downloading or using the Application; and
  • undertaking any activities through the Application, including using or making a request to use the Services.
  • In these Terms, the terms “You” or “Your” shall refer to You.

 

  1. DEFINITIONS AND INTERPRETATION
  • Unless the context otherwise requires:
  • references to a party to these Terms includes the executors, administrators, successors and permitted assigns of that party;
  • references to any statute, ordinance or other law includes all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;
  • words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person must be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
  • where any word or phrase is given a defined meaning in these Terms, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning;
  • headings included in these Terms are for convenience only and must be disregarded in the construction of these Terms.
  • In these Terms:

“Account Maintenance Period” means period of time for which You maintain the Account;

“Account” means a personal account created by You to use the Application, whether on the Website or on the Application itself;

“APP 5 Notification” means a notification required to be provided pursuant to Australian Privacy Principle 5 under the Privacy Act in the form available on the Website and/or the Application or provided by Jago to You  from time to time;

“App Store” means a digital distribution platform on the internetstore through which the Application can be downloaded on to a Device;

“Application” means the application named or styled ‘Jago’ owned and providedoperated by Jago available on the Website and the App Store and includes any Updatesgrades and New Releases;

“Australian Privacy Principles” means the principles contained in Schedule 1 to the Privacy Act;

“Basic Licence” means the licence referred to in clause 3(2) of these Terms;

“Business Day” means a day other than a Saturday, Sunday or public holiday in New South Wales;

“Claims” includes actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest, verdicts and judgments at law or in equity or arising under the provisions of statute;

“Commencement Date” means the earliest date on which You:

  • first accept the Terms, either by:
  • written correspondence indicating Your acceptance; or
  • electronic indication such as ticking an online checkbox or clicking on “I Agree” (or similar button); or
  • undertake one or more of the following activities:
  • browse, read or use the Website;
  • set up an Account;
  • download or use the Application; or
  • undertake any activities through the Application, including using or making a request to use or using the Services;

“Customer” means a customer of Your business to whom You have provided goods and/or services;

“Data” means all information, materials and data in any Feedback;

“Device” means an electronic device, including but not limited to a mobile phone, tablet and tablet computer;

“Extended Licence” means the licence referred to in clause 5(3) of these Terms;

“Extended Licence Term” means the term of the Extended Licence as referred to in clause 5(4) of the Terms;

“Feedback Fee” means the fee payable by You to Jago in respect of each Feedback, as advertised on the Website and/or the Application from time to time;

“Feedback Request” means a request made by You to a Customer to obtain Feedback;

“Feedback” means feedback provided by a Customer in relation to goods and/or services provided by You to that Customer;

“GST Acts” means A New Tax System (Goods and Services Tax) Act 1999 and related imposition Acts of the Commonwealth;

“GST” means the tax imposed or sought to be imposed by the GST Acts;

“Indirect or Consequential Loss” includes lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms, the Application, the Licence or the Services;

“Initial Services” means the following initial services available through the Application, being allowing You to:

  • browse information about third party businesses, including feedback provided customers of those third party businesses;
  • send a Feedback Request;
  • obtain Feedback; and
  • publish Feedback on the Application and on our Website;

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in, or in relation to, any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, Moral Rights and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;

“Licence” means the Basic Licence and Extended Licence;

“Moral Right” has the meaning as defined in the Copyright Act 1968 (Cth);

which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within these Terms;

“New Release” means software which has been developed by Jago and made available to You to effect an extension, enhancement, alteration, improvement or additional functionality to the Application.

“Personal Information” has the same meaning as ascribed to that term in the Privacy Act;

“Privacy Act” means the Privacy Act 1988 (Cth), including as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth);

“Privacy Policy” means the privacy policy of Jago from time to time, available on the Website and the Application and forming part of these Terms;

“Services” means the Initial Services and Subscription Services;

“Subscription Fee” means the advance monthly fee payable by You to Jago in relation to your use of the Subscription Services during any particular calendar month, as advertised on the Website and/or the Application from time to time;

“Subscription Services” means the following services available through the Application, being allowing You to:

  • compile and analyse statistics and trends including in relation to Feedback Requests and Feedback; and
  • provide gifts, offers and rewards to Customers as available on the Application.

“Term” means the period commencing on the Commencement Date and ending on the Termination Date;

“Terms” means these terms and conditions, being terms and conditions for the use of the Application, the Licence and the Services;

“Termination Date” means the date on which one of the following occurs first:

  • the Account Maintenance Period ends;
  • the Terms are terminated in accordance with clause 13;

“Update” means additional software which may be produced by Jago from time to time to overcome defects in the Application;

“Website” means the website accessible through the domain name http://getjago.com;

“Website Terms of Use” means the website terms of use of Jago from time to time, available on the Website and the Application and forming part of these Terms; and

“You” means the individual or entity using the Application or the Services.

 

  1. INITIAL SERVICES
  • To be able to use the Application in respect of the Initial Services, and as a condition of the Basic Licence, You must set up an Account in accordance with:
  • these Terms; and
  • any relevant instructions provided by Jago, including on the Website and on the Application.
  • In consideration for You setting up an Account, Jago grants to You a non-exclusive, non-transferrable and revocable licence to use the Application in respect of the Initial Services for the Term subject to the terms and conditions of these Terms.

 

  1. FEEDBACK REQUEST, FEEDBACK AND FEEDBACK FEE
  • Where You have been granted a Basic Licence pursuant to these Terms, You may, at any time, use the Application to send a Feedback Request.
  • If You receive Feedback, You must immediately pay to Jago the Feedback Fee in respect of that Feedback.
  • You authorise Jago to deduct any Feedback Fee payable by You from the credit card nominated by You in the Account from time to time and as and when the Feedback Fee becomes payable.
  • Any Feedback Fee payable by You to Jago in accordance with these Terms shall be calculated by including an amount for GST.
  • You acknowledge and agree that all Data is and will be owned by Jago and nothing in these Terms or otherwise confers any rights on You in relation to the Data (including without limitation any Intellectual Property Rights). Jago grants to You a non-exclusive, non-transferrable and revocable licence to use the Data for the Term.

 

  1. SUBSCRIPTION SERVICES
  • If You wish to use the Application in respect of the Subscription Services, You must make such a request to Jago using the Application or the Website (Subscription Services Request).
  • If Jago approves Your Subscription Services Request (Approval), and as a condition of the Extended Licence, You must:
  • maintain Your Account in accordance with these Terms; and
  • pay to Jago the Subscription Fee in accordance with these Terms.
  • In consideration for You maintaining Your Account in accordance with these Terms and the payment of the Subscription Fee by You to Jago in accordance with these Terms, Jago grants to You a non-exclusive, non-transferrable and revocable licence to use the Application in respect of the Subscription Services subject to the terms and conditions of these Terms.
  • The Extended Licence:
  • commences on the date on which You first pay the Subscription Fee to Jago in accordance with these Terms after the Approval; and
  • ends on:
  • the date that You stop paying the Subscription Fee to Jago in accordance with these Terms;
  • the date that You cancel Your subscription to the Subscription Services in accordance with clause 5(9); or
  • the Termination Date,

whichever occurs first,

(the Extended Licence Termination Date).

  • You must pay to Jago the Subscription Fee:
  • firstly, on the date of the Approval on a pro-rata basis in respect of Your use of the Application during the calendar month in which You obtained the Approval; and
  • thereafter, on the first day of each calendar month (Relevant Calendar Month) during the Extended Licence Term in respect of Your use of the Application for the Subscription Services for the Relevant Calendar Month.
  • You authorise Jago to deduct the Subscription Fee from the credit card nominated by You in the Account from time to time and as and when the Subscription Fee becomes payable by You to Jago.
  • Any Subscription Fee payable by You to Jago in accordance with these Terms shall be calculated by including an amount for GST
  • You may cancel your subscription for the Subscription Services anytime by notifying us through your Account.
  • On the Extended Licence Termination Date, the Extended Licence will terminate immediately.
  • On and after the Extended Licence Termination Date:
  • You will not be entitled, and will not have access, to the Application in respect of the Subscription Services; and
  • Jago will not provide any credits or refunds in respect of any Subscription Fee paid prior to the Extended Licence Termination Date, including any advance payments of the Subscription Fee.

 

  1. GIFTS, REWARDS OR OFFERS
  • Where You have been granted an Extended Licence in accordance with these Terms, You may use the Application to issue gifts, rewards or offers available on the Application to Your Customers (Gift).
  • Where You issue a Gift, You must immediately pay to the Jago the value of the Gift (Gift Expense).
  • You authorise Jago to deduct the Gift Expense from a credit card nominated by You in the Account from time to time and as and when the Gift Expense becomes payable by You to Jago.

 

  1. YOUR ACCOUNT
  • To set up an Account:
  • You must be at least eighteen (18) years of age; and
  • You must have a valid and up to date credit card, acceptable to Jago in the absolute discretion of Jago; and
  • You must be a resident of Australia.
  • You are not permitted to set up an Account on behalf of another person.
  • You warrant to Jago that all information provided by You in the set up of, and in relation to, your Account is complete, true and accurate.
  • If You become aware of any actual or potential unauthorised use of access of your password or your Account, You must notify Jago immediately.
  • Except to the extent otherwise required by law, Jago will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
  • your Account information being incomplete or inaccurate; or
  • any unauthorised use of your password or Account which takes place before You notify Jago of such use,

whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

  • If Jago suffers any loss, damage, cost or expense as a result of any unauthorised use of your password or Account which takes place before You notify Jago of such use then You must pay Jago the amount of that loss, damage, cost or expense upon demand by Jago.

 

  1. YOUR USE OF THE APPLICATION
  • Except as otherwise specified, You acknowledge and agree that Jago is not responsible for obtaining any approvals or licenses in relation to the installation, configuration or use of the Application by You. To the maximum extent permitted by law, You agree to hold harmless Jago from any claim or any damage resulting from the inability of You to use the Application.
  • Except as otherwise specified or agreed between the parties, Jago shall not be obliged to support the Application, whether by providing advice, training, error correction, modifications or enhancements or otherwise.
  • You acknowledge that You have no title or ownership of the Application or any modifications or enhancements, including rights to claim or register any Intellectual Property Rights.
  • You warrant that You will only use the Application for the Services and will not use the Application for any fraudulent activity or to sell or promote any illegal business activities or prohibited products or services and acknowledge that Jago will not have any liability whatsoever in relation to any improper use of the Application by You.
  • You warrant in favour of Jago that You will comply with the Privacy Act and all such relevant laws, standards, regulations and guidelines in relation to Your use of the Application and the Services, including in relation to making a Feedback Request, obtaining Feedback and offering a Gift.
  • If You collect Personal Information about Your Customer through, or as a result of Your use of, the Application and/or the Website, You must provide an APP 5 Notification in accordance with the Privacy Act.
  • You must not copy or modify the whole or any part of the Application or combine or incorporate the whole or any part of the Application in any other program or system.
  • Except as permitted by the law, You must not modify or copy the layout or appearance of the Application nor any computer software or code contained in the Application, nor may you decompile or disassemble, reserve engineer or otherwise attempt to discover or access any source code related to the Application.

 

  1. OWNERSHIP
  • All Intellectual Property Rights in the Application or enhancements or modifications of the Application are the property of Jago.
  • You must not claim any title, ownership and Intellectual Property Rights in relation to the Application or any enhancement, or modification of the Application except expressly pursuant to these Terms.
  • The use of the Application pursuant to these Terms shall not vest in You any title to or right or presumptive right otherwise to continue such use.
  • To the extent any Intellectual Property Rights in and to the Application are deemed to accrue to You pursuant to these Terms or otherwise, You hereby assign and agree to procure the assignment, transfer or conveyance of any and all such rights, at such time as they may accrue, to Jago or to a party nominated by Jago, at Your cost and expense. You must execute or procure the execution of any and all documents and instruments required by Jago which Jago may deem necessary, proper or appropriate to give effect to this clause.  Any such assignment, transfer or conveyance must be without consideration other than the mutual agreements contained in these Terms.

 

  1. INFRINGEMENT

You must immediately notify Jago of any infringement, counterfeit or unfair competition by any third party against the Application or Intellectual Property Rights in the Application (Infringement Notice), as soon as such infringement, counterfeit or act, comes to Your attention.  After receipt of the Infringement Notice from You, Jago will take such action to stop such infringement, counterfeit or act as Jago deems reasonably necessary to protect the Application and/or Intellectual Property Rights in the Application. You must fully cooperate with Jago to stop any infringement, counterfeit or unfair competition against the Application, Intellectual Property Rights relating to the Application or interests of Jago associated with the Application.

 

  1. TEMPORARY UNAVAILABILITY OF APPLICATION

You acknowledge and confirm that:

  • the Application or any part of the Application may be temporarily unavailable;
  • Jago is not responsible for the suspension or interruption to the Application or any part of the Application, regardless of the cause of such interruption or suspension; and
  • Jago may change the Application or any part of the Application at any time without notice to You.

 

  1. INDEMNITY AND LIMITATION OF LIABILITY
  • You must indemnify and keep indemnified Jago and the servants and agents of Jago against all Claims made upon or against Jago arising out of a breach of these Terms by You or any person claiming through or under You.
  • Subject to law, Jago has no liability to You, or any person claiming through or under You for Indirect or Consequential Loss.
  • Subject to law, Jago makes no representation and gives no warranty to You in relation to the Application, Licence and Services. You acknowledge that You have not relied upon any representation or warranty made by or on behalf of Jago in relation to the Application, Licence and Services.

 

  1. TERMINATION
  • Subject to law, Jago reserves the right to terminate these Terms and discontinue or cancel the Licence and the provision of the Services at any time and may suspend or deny, in its absolute sole discretion, your access to all or any portion of the Application or the Services without notice to You, including where:
    • You have breached any provision of these Terms or threaten to breach any provision of these Terms;
    • Jago is required to do so by law;
    • Jago ceases to own the Application, or is unable to provide the Licence and/or any of the Services;
    • the credit card nominated by You in the Account becomes invalid or is not up to date;
    • if Jago is unable to charge the Feedback Fee, Subscription Fee or Gift Expense to the credit card nominated by You in the Account;
    • You become insolvent; or
    • an administrator, receiver or receiver and manager or liquidator or trustee in bankruptcy is appointed in respect of You or all or any of the assets of You.
  • For the avoidance of doubt, upon termination of these Terms, all amounts owing by You to Jago under these Terms are immediately payable by You to Jago.

 

  1. IMPLIED TERMS
  • Subject to clause 14(2), any condition or warranty which would otherwise be implied in these Terms is hereby excluded.
  • Where legislation implies in these Terms any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying application of or exercise or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms.
  • To the full extent permissible by law, Jago does not provide any guarantee in relation to the performance of the Application and/or Your business as a result of the use of the Application.

 

  1. PRIVACY POLICY

Jago takes its obligations under the Privacy Act very seriously.  The Privacy Policy of Jago is available on the Website and on the Application and explains how your personal information is collected and managed in accordance with the Australian Privacy Principles and the Privacy Act.  The Privacy Policy forms part of these Terms and your acceptance of these Terms shall also be taken to be confirmation that You have read, understood and agree to the terms of the Privacy Policy.

 

  1. INVALIDITY

If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction.  The remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected and remains valid and enforceable.

 

  1. ENTIRE AGREEMENT

These Terms, the Privacy Policy and the Website Terms of Use comprise the entire agreement between You and Jago and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with in these Terms will have any effect from the date of these Terms.

 

  1. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.

 

  1. VARIATION

Jago may amend, vary or modify any one or more these Terms, Privacy Policy, Website Terms of Use and/or any other Jago’s policies at any time without notice to You.  Jago will post a revised version of the Terms, Privacy Policy, Website Terms of Use and/or Jago’s policies on the Website and/or on the Application as soon as practicable after their amendment, variation or modification. The amended, varied or modified Terms, Privacy Policy, Website Terms of Use and/or any other Jago’s policies will become effective upon posting (“Effective Date”).  The continued use of the Application, the Website and/or the Services, by You after the Effective Date will be deemed to be an agreement by You to be bound by these Terms, Privacy Policy, Website Terms of Use and/or any other Jago’s policies as amended, varied or modified.

 

 

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