USER TERMS

By clicking ‘Accept’ and/or using this App which is owned and operated by North Islander Pty Ltd, you acknowledge that you have read and agree to be bound by these User Terms (Terms). If you do not agree to these Terms, you are not permitted to use the App and are required to uninstall the software. Violation of any of these Terms may result in termination of your account.

DEFINITIONS

App means the SI‘I software application for mobile phones, tablets and computers.

App Code means the SI‘I software code including any upgrade.

Content means any and all material, information, links, words, and images we or a User submits, advertises or links to the App or Website.

Donation means any money raised by Users through the App or Website.

Event means birthdays, weddings, ceremonies, funerals and other approved events for which Users may create listings and raise donations.

Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

Main Subscriber means the User who has signed up to the App and Service to create and share Event listings and raise donations for Events.

Registered User means any person who has accepted an invitation from the Main Subscriber to share an Event through the App and to make a donation.

Service means the Content, Event listing, fundraising and related services provided through the App.

User and You means each Main Subscriber and Registered User, (as relevant).

We, Our and Us means North Islander Pty Ltd including all directors, employees, and contractors from time to time.

Website means any website provided by us in association with the App.

HOW IT WORKS

Our App allows Users to create and share Event listings and to raise donations for Events. Donations will be deposited by donors into a bank account nominated by the User.

REGISTRATION AND FEES

You must register and set up an account to use our Service.

You must provide your full legal name, a valid email address and any other required information in order to register and set up an account.

We charge a flat fee for each listing. We also charge a percentage of each donation amount to cover our processing costs. Our fees and charges are as shown on our App or Website.

You are responsible for paying any taxes and third-party fees and charges where applicable, including in relation to the cancellation of events and the return of Donations.

By providing us or any third-party payment processor with your payment or credit card details, you permit us or the third-party payment processor to charge the applicable fees and charges relating to the Event listing.

CANCELLATION OF EVENTS

If you notify us that an Event is cancelled, we will remove the listing, notify all donors and return all Donations to you or the donors. There will be no refund of any fees and charges already paid.

USE OF APP

Once you have signed up for the Service, you can use the App to share the Service with other people.

You acknowledge and agree that:

You will not share your password or login details with any other person.
You will keep your payment, contact and account details updated at all times.
You are the Main Subscriber and you are responsible for all activity that occurs under or through your account.
You must not use the App or Service for any illegal purpose or to violate any laws.
You must not post any Content that:
you do not have the right to post;
is defamatory or in contempt of any legal or other proceeding;
is misleading or deceptive;
incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
denounces religious or political beliefs;
includes religious or political material which is or is likely to be offensive;
is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
infringes any copyright, trade mark, patent or other intellectual property right of another person;
contains any unsolicited or unauthorised advertising or promotional material;
contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware;
impersonates any person or misrepresents your relationship with any person; or
in our opinion, disparages, embarrasses or reflects adversely on any other person, service or profession.
All listings and campaigns must be in keeping with the spirit of the App and our Service.

We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any Content from the App or Website for breaching the Terms or any other reason.

By using the Service, you authorise us to use, reuse and to grant third parties the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the App in order to provide the Service.

You agree and acknowledge that the App and any associated website we own may use third-party vendors and hosting partners to provide the necessary software, hardware, service and storage as well as anything related to run the App and provide the Service.

CANCELLATION AND TERMINATION

You may cancel a listing or your account at any time by doing so through the App settings.

On cancellation of your account, all of your Content will be destroyed and your account will be closed.

We are not responsible for any lost files, data or information in your account during use of our Service or upon cancellation of your account. You should make copies of or download any information you may require before any cancellation or termination.

We have the right to terminate or suspend your account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App and/or Service with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating or suspending your account and may be referred to the appropriate law enforcement authorities.

Upon such termination (and for the duration of any suspension), your right to use the App and Service immediately ceases. You acknowledge and agree that if we terminate your account, we may immediately deactivate or delete your account and all related Content. We may also bar you from any further access to the App and Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund to you for such termination or suspension of your account.

ADVERTISEMENTS AND LINKS TO OTHER WEBSITES

We may from time to time provide in our App or Website links to other websites, advertisements, and information about other websites for your convenience. This does not mean that we sponsor, endorse, approve of or have an arrangement with these websites, unless we expressly disclose otherwise.

We take no responsibility for any content on linked websites, information or advertisements provided by third parties on our Website, or information or advice provided directly to you by third parties.

PRIVACY

We will, at all times, abide by Australian privacy legislation. Please refer to our full Privacy Policy in our App or on our Website for details of how we collect, store and use your personal information.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks or service marks and belong to us. These Terms do not grant you any right, title or interest in these items.

You are solely responsible for obtaining permission before reusing any copyrighted material that is available in the App or Website. Any unauthorised use of such material may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

By submitting any Content to the App or Website, you represent that you have the ownership rights and title to this information and material, and that you are not breaching any regulations, restrictions or third-party rights.

GRANT OF LICENCE

We grant you a non-exclusive, personal, non-transferable licence to:

Download the App Code;
Install the App on your and/or the Registered Users’ devices (mobile phone, tablet, computer); and
Use the App Code anywhere in the world for your own private and non-commercial purposes and in accordance with these Terms.

You must not:

Copy or reproduce any part of the App Code other than in accordance with the licence granted in these Terms;
Sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish any part of the App Code;
Modify, alter, adapt, translate or edit, or create derivative works of any part of the App Code; or
Circumvent or remove or attempt to circumvent or remove the technological measures applied to the App Code for the purposes of preventing unauthorised use.

These Terms do not prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

SUPPORT

We will respond to all customer support enquiries within 3 days.

From time to time we will provide and make available updates and upgrades to the App Code. You must promptly apply any upgrade released from time to time. We have no obligation to provide support for the App Code or to repair or replace the App Code in relation to any version of the App Code that does not incorporate the most recent upgrade to the software.

WARRANTIES AND DISCLAIMERS

We comply with the Australian Consumer Law in providing our Service. Our liability for any breach of these Terms is limited to: the supplying of the Service to you again or the payment of the cost of having the Service supplied again.

You represent and warrant:

that you have the legal right and authority to enter into and perform your obligations under these Terms; and
you are not located in a country that is subject to United States (‘US’) Government embargo, or is designated by the US Government as a ‘terrorist supporting’ country, and it is not listed on any US Government list of prohibited or restricted parties.

We do not warrant:

that the App or Service will be uninterrupted or error-free. There may be periods where, for technical or operational reasons the App or Service may be inaccessible or that we may have to cancel the Service as a result of the technical or operational issues; and
that the App or Service will be free from loss, viruses, corruption, hacking, security breaches or other such events which may constitute a Force Majeure Event for which we disclaim any liability for any such issue or event. You are solely responsible for backing up your systems, information and software.

We do not warrant, promise or guarantee that the App or Service will produce a particular result including generating a successful campaign or raising any particular sum of money.

LIMITATION OF LIABILITY

Your use of the App and Service is at your sole risk. The App and Service are provided on an ‘as is’ and ‘as available’ basis.

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on any information in the App or the Service. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.

Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.

Except for your statutory rights, the App and Service are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the App or Service will be provided with due care and skill and fitness for a particular purpose.

When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Service again or the payment of the cost of having any Service supplied again.

In the event of any successful claim, our liability is limited to the amount of the fees for Services last paid by you to us.

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

INDEMNITY

You agree to fully indemnify us, our officers, employees, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by any party which arises out of or in any way related to your use of the App or the Service or your reliance on any information in the App or the Website.

MODIFICATION OR TERMINATION OF APP

We reserve the right at any time and from time to time to modify or discontinue the App and Service either temporarily or permanently with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App and Service.

From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions at such time you may choose to accept or not.

GOVERNING LAW

These Terms of Use are governed by the laws of the Northern Territory which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of the Northern Territory in Australia for determining any dispute concerning these Terms.

Provisional operator: North Islander Pty Ltd — registration/status to be confirmed before public launch.