Terms of Service
Last Updated: September 12, 2014
By accessing or using the applications and services
owned or operated by Cycle Leash Pty Ltd, whether through our software app(s)
or website (our "Services"), you are accepting and agreeing to be
bound by the terms and conditions set forth below (these "Terms").
We may modify the Terms at any time, in our sole
discretion. If you continue to use the Services after we've notified you that
the Terms have been modified, you are agreeing to be bound by the modified
Terms. If you don't agree to be bound by the modified Terms then you may no
longer use the Services. Because our Services continue to evolve, we may change
or discontinue all or any part of the Services, at any time and without notice,
in our sole discretion.
License
Subject to your compliance with these Terms, Cycle
Leash grants you a limited non-exclusive, non-transferable license to download
and install a copy of our software app (the "App") on a single mobile
device that you own or control and to run such copy of the App and use our
Services solely for your own personal non-commercial purposes. We reserve all
rights in and to the App and Services not expressly granted to you under these
Terms. You may not: (i) copy, modify or create
derivative works based on the App or Services; (ii) distribute, transfer,
sublicense, lend or rent the App to any third party; (iii) reverse engineer,
decompile or disassemble the App; or (iv) make the functionality of the App or
Services available to multiple users through any means.
Downloading Our App
When you download our App from the Apple App Store,
Google Play or other app store or app distribution platform (an "App
Store"), you acknowledge and agree that:
Creating an Account
In order to use our Services, you must have an account
with us. By creating an account, you represent that (a) all required
information you provide is truthful and accurate; (b) you are of legal age to
agree to these Terms; and (c) your use of our Services does not violate any
applicable law or regulation or these Terms. You are responsible for
maintaining the confidentiality of your password and for any and all use of
your account. You should notify us immediately if you suspect any unauthorized
use of your account or access to your password. You may not (a) use the account
or username of any other user; (b) allow someone else to use your account or
username; or (c) sell, lend, transfer, or otherwise share your account,
temporarily or permanently, with someone else. If you violate these Terms, we
reserve the right to issue you a warning, suspend or even terminate your
account (along with your ability to access and use the Services).
Privacy
Please refer to our Privacy Policy (http://www.CycleLeash.com.au) for information on how we collect, use and disclose
information from our users.
Alerts and Notifications
As part of the Services we provide, you may (if
enabled) receive push notifications, text messages, alerts, emails, or other
types of messages directly sent to you outside or inside the App ("Push
Messages"). You have control over the Push Messages settings, and can opt
in or out of these Push Messages through the Services (with the possible
exception of infrequent, important service announcements and administrative
messages). Please be aware that third party messaging fees may occur for some
of the Push Messages depending on the message plan you have with your wireless
carrier.
Content You Provide
You are responsible for the content, such as any text,
images, and other material and information, that you upload
or post on or through our Services (your "Content"), and its
legality, reliability, and appropriateness. You should only upload or
post Content that you create or have the right to use and publish. By uploading
or posting your Content you give us the right and license to store, reproduce,
modify, create derivative works of, publish, distribute, transfer, transmit,
publicly display, publicly perform, and use your Content in connection with
providing our Services. You agree that we can also make your Content available
to other users of the Services, who may view and/or use your Content, subject
to these Terms.
Enforcement
We have the right (but not the obligation) to review
any or all portions of your Content and delete (or modify) any of your Content
from our Services for any reason, including if we believe, in our sole
judgment, your Content violates these Terms, or that we believe threatens the safety
of, or harms any other person, or creates liability for us or any other person.
We reserve the right (but have no obligation) to investigate and take
appropriate action, including removing your Content from our Services (or
modifying it), suspending or terminating your account and/or suspending or
terminating the provision of our Services to you, and/or reporting you to law
enforcement authorities, if you violate any provision of these Terms. In order
to cooperate with governmental requests, subpoenas or court orders, to protect
our systems, service providers, partners, and other users, or to ensure the
integrity and operation of our business and systems, we may access and disclose
any information or content we consider necessary or appropriate, including your
account information (i.e. name, e-mail address, etc.), IP address and traffic
information, usage history, your Content, and your conduct.
General Prohibitions
You agree not to do any of the following:
Copyright Policy
It is our policy to remove, or disable
access to, material that infringes any copyright on our Services after we have
been notified by the copyright owner or the copyright owner's legal agent. If
you believe that your work has been copied and posted on through our Services
in a way that constitutes copyright infringement, please provide our copyright
agent with the following information:
Notice of claims of copyright
infringement should be sent to our Copyright Agent via email at admin@cycleleash.com.au
Third Party Links
Our Services may contain links to content
or services provided by third parties ("Third Party Links"). These
Third Party Links are not under our control, and we are not responsible for
their content, services, performance, operation, availability, business
practices or policies. We are providing these Third Party Links to you only as
a convenience but we do not imply any endorsement or recommendation of their
content or services, or of any association of us with such third parties. If
you access any of these Third Party Links, you do this entirely at your own
risk and any charges or obligations you incur in your dealings with these third
parties, are your responsibility. The websites available through the Third
Party Links are subject to their own terms and policies, including privacy and data
gathering practices.
Ownership
You acknowledge that all
intellectual property rights in our Products, App and Services, including the
underlying software and technology and the information and content available on
our Services, are owned by us and our suppliers (including
other users), and are protected by law throughout the world. If you
provide any suggestions, ideas, feedback, or recommendations to us regarding
our Products, App or Services ("Feedback"), we may use this Feedback
for any purpose and without any obligation to you. By providing us with
Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid
and royalty-free license to use and exploit in any manner any and all Feedback.
Termination
You can terminate your account at
any time by deactivating your account or by providing notice of termination to
us. We reserve the right to terminate or suspend your account or your access to
any or all portions of the Services at any time, for any reason, including your
violation or breach of any provision in these Terms. Upon termination, all
rights and licenses granted to you in these Terms immediately end. If your
account or access to our Services is terminated or suspended because you
violated these Terms, you will not be entitled to any refund of any fees or
payments and you will have no further right to access any of the foregoing or
your account.
Cycle Leash Hardware Limited
Warranty
Cycle Leash warrants that your Cycle
Leash hardware product ("the Product") will be free from defects in
materials and workmanship for a period of one (1) year from the date of
delivery to the original retail purchaser ("the Warranty Period"). If
a defect in the Product arises within the Warranty Period, Cycle Leash will, at
its sole option and subject to applicable laws: (a) repair or replace it with a
new or refurbished product or component; or (b) refund the original purchase
price upon return of the defective Product. This Warranty does not apply where
the instructions for use and activation of the Product are not complied with or
where the Product is damaged as a result of abuse, accident, modification
or other causes beyond our reasonable control.
ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL
OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do
not allow limitations on how long an implied warranty lasts, so the above
limitation may not apply to you. This warranty gives you specific legal rights,
and you may also have other rights which vary by
jurisdiction.
Disclaimer of Warranty for App and
Services
We will use reasonable efforts to
correct any discovered defects in the App or Services. However, your access to
and use of our App and Services is at your own risk. We are not responsible for
the content provided by, or the conduct of, any user and you bear the entire
risk of using the App and Services and any interactions with other users. Our
App and Services are provided on an "AS IS" and "AS
AVAILABLE" basis and we do not represent, warrant, or guarantee that the
App and Services will be provided uninterrupted, error-free, virus-free, or
that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If
applicable law requires any warranties with respect to our App or Services, all
such warranties are limited in duration to thirty (30) days
from the date of your first use or the minimum duration allowed by law.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY
LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST
OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE
PRODUCTS, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM
RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR
SERVICE, IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT IN THE 12 MONTHS
BEFORE THE CLAIM AROSE.
Exclusions
Some jurisdictions do not allow the
exclusion of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the above exclusions or limitations may
not apply to you.
General Provisions
These Terms constitute the entire
agreement between us with respect to the subject matter and supersedes any
prior understandings and agreements. These Terms will be governed by and
construed in accordance with the laws of the state Victoria, Australia, without
regard to or application of conflicts of law rules or principles. If any part
of these Terms is determined to be invalid or unenforceable by a court of
competent jurisdiction, that provision will be enforced to the maximum extent
permissible and the remaining provisions of these Terms will remain in full
force and effect.
Contacting Us
If you have any questions about
these Terms, please contact us at team@cycleleash.com.au.