Aamica Terms and Conditions and Privacy and Content Policies

Definitions and Interpretation

  1. In this document, unless the context requires otherwise:
    • “us” and “we” means Aamica Pty Ltd and our affiliates;
    • “our affiliates” means a holding company, subsidiary or subsidiary of a holding company of Aamica Pty Ltd;
    • “Services” means Aamica Connect and any other apps, websites or services provided by us; and
    • “Terms and Conditions” means the terms and conditions set out in this document as modified or amended from time to time.

Agreement

  1. By completing the process of signing up or registering for the Services and using or accessing the Services you agree to be bound by the terms and conditions set out in this document.  
  2. You may terminate this agreement at any time by closing your account and no longer accessing or using the Services.
  3. You agree that your use of the Services is subject to our Privacy Policy (set out below) which covers how we collect, use, share, and store your personal information. 
  4. We may on occasion, modify or amend these Terms and Conditions and Privacy and Contents Guidelines. You will receive notification of any material changes and will have the opportunity to review those changes before they become effective. If you do not agree to any changes, you may close your account. Continued use of Services after notification will constitute acceptance of the changes. 

Creating accounts

  1. You acknowledge and agree that you must be the Minimum Age or older:
    • a) to sign up for, register or create an account to use the Services; and
    • b) to access or use the Services unless you do so under the supervision of a parent or guardian who is the Minimum Age or older.
  2. If you are signing up for, registering or creating an account for you to access or use the Services, you agree and promise that you are the Minimum Age or older.
  3. If you are signing up for, registering or creating an account for a person who is younger than the Minimum Age, (in this clause referred to as “the minor”,) to use the Services, you agree and promise that:
    • a) you are a parent or guardian of the minor and have the legal authority to create and supervise their use of the Services;
    • b) the minor will access and use the Services under your supervision and you will be responsible for their access and use of the Services;
    • c) you will ensure that the access and use of the Services by the minor complies with these Terms and Conditions; and
    • d) you consent to Aamica providing the Services to the minor.
  4. You agree and promise that when signing up for, registering or creating an account, you will not knowingly provide false or misleading information.  
  5. In these Terms and Conditions, “Minimum Age” means 16 years old. However, if you are in a jurisdiction where the law requires that you must be older than 16 years to use the Services without parental consent then the “Minimum Age” is such older age.

Using accounts

  1. You agree that you are responsible for your account, including the use and security of any passwords. 
  2. If you use the Services to purchase any goods, resources or other services:
    • a) you agree to make all required payments in full when they are due; 
    • b) you understand that there may be fees and taxes added to price and you agree to pay all applicable fees and taxes; 
    • c) you agree that prices may change due to changes in exchange rates; and
    • d) you agree that we may store your payment information to use to pay for other goods, resources or services you may buy. 
  3. You agree that we may send you notices and messages within the Services or to a Contact Address provided by you. “Contact Address” means an email address, mobile number or physical address. You agree to keep your Contact Address information up to date. 
  4. You acknowledge and agree that when you share information on the Services, other persons may see, copy and use that information. 
  5. You agree that we are not obligated to publish any information or content on the Services and may remove any information or content with or without notice. 
  6. As between you and us, you own the content and information that you submit or publish on or through the Services. You grant to us a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process content or information that you submit or publish on or through the Services in accordance with our policies and procedures. 
  7. You promise that content and information you submit or publish on or through the Services will be truthful and will not violate the law or any other person’s legal rights. 
  8. You agree that we may change, suspend or discontinue any of the Services. 
  9. You acknowledge and agree that we have no obligation to store, maintain or provide copies of any content or information submitted or published on or through the Services except as required by any applicable law or any other agreement we may have with you. 
  10. You agree that your access to and use of content and information submitted or published by other persons on or through the Services is at your own risk. You will not hold Aamica responsible for the misuse of Services by other parties that might impact your user experience. You acknowledge and agree that by using the Services you may encounter content or information that might be inaccurate, misleading, out of date, illegal, offensive or harmful and that we are not responsible for such content or information. You will not hold Aamica liable for any harm resulting from or incurred by you as a result of content shared by you or others.
  11. You agree that we may restrict, suspend, or terminate your account if you breach these Terms and Conditions or the law or otherwise misuse the Services. 
  12. We reserve all of our intellectual property rights in and related to the Services including but not limited to all Aamica Keepsake, KeepSafe, and Connect programs as well as all Aamica associated trademarks and logos. 
  13. You agree that you will not:
    • a) Submit, publish, post or upload material or information on or through the Services that is intended to or which a reasonable person may foresee will be harmful to any other organization, person or classes of persons or their reputation or reputations;
    • b) Submit, publish, post or upload material or information on or through the Services that is offensive or may reasonably be considered offensive including but not limited to material or information that portrays nudity, drug taking or is sexually explicit or abusive;
    • c) Submit, publish, post or upload material or information on or through the Services that is illegal or unlawful;
    • d) Create a false identity, misrepresent your identity, (except for the use of ‘nicknames’ or avatars,) or use or attempt to use an account for which you are not authorized;
    • e) Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; 
    • f) Override any security feature or bypass or circumvent any access controls or use limits of the Services or attempt to do so; 
    • g) Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent; 
    • h) Submit or publish third-party owned information on or through the Services that you do not have consent to submit or publish;
    • i) Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights; 
    • j) Violate our intellectual property or other rights, including, without limitation, copying or distributing our technology, unless it is released under open source licenses, using the word “Aamica” or our logos in any business name, email, or URL;  
    • k) Submit or publish on or through the Services anything that contains software viruses, worms, or any other harmful code; 
    • l) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to
      derive the source code for the Services or any related technology that is not open source;
    • m) Imply or state that you are affiliated with or endorsed by Aamica without our express consent; 
    • n) Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent; 
    • o) Deep-link to our Services for any purpose without our consent; 
    • p) Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; 
    • q) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; or 
    • r) Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses and gaming algorithms). 
  14. You or we may terminate this agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The rights and obligations under clauses 26 to 30 continue after termination.

Price changes

  1. We may review and increase subscription prices from time to time.  We will notify you if we increase subscription prices and will give you the opportunity to review any increase before it becomes effective. If you do not agree to any price increase, you may close your account. If you continue to use or access the Services after we notify you of any price increases then you will be deemed to have agreed to such increases.

Limitations of liability

  1. We and our affiliates make no representation or warranty about the Services including any representation that the Services will be uninterrupted or free of errors and provide the Services (including content and information submitted to or published through the Services) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, we and our affiliates disclaim any implied or statutory warranty including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose. 
  2. To the fullest extent permitted by law and except if we or any of our affiliates have entered into a separate and overriding agreement with you, we and our affiliates will not be liable in connection with this agreement for any loss of profits or business opportunities, economic loss, loss or damage to reputation, defamation, libel, loss or corruption of data or any indirect, incidental, consequential, special or punitive damages. 
  3. Any liability of us or our affiliates in connection with this agreement is limited to the total amount paid or payable by you to us during the term of this agreement, if any. 
  4. You agree that these limitations of liability shall apply to all claims of liability including but not limited to claims for breach of warranty, tort, negligence and contract even if we or our affiliates had notice of the possibility of any such damage, and even if these remedies fail their essential purpose. 
  5. You agree that these limitations of liability apply to liability for death or personal injury and for fraud, gross negligence or intentional misconduct to the full extent permitted by law.  To the extent that any relevant laws do not permit such liability to be excluded, then our liability is limited to liability for death or personal injury caused by fraud, gross negligence or intentional misconduct where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were reasonably foreseeable and to the extent that they are typical in the context of this agreement.

Aamica not a therapeutic resource

  1. You acknowledge and agree that the Services are not a therapeutic resource and must not be used to replace or in lieu of treatments or therapies including mental health, psychological and psychiatric treatments and therapies.

General

  1. This agreement shall be governed by the laws of Australia and you agree that any legal dispute about or relating to this agreement shall be resolved in accordance with the laws of Australia and any legal proceedings arising from or relating to his agreement shall be resolved in the courts of Australia. This clause shall not limit or restrict your rights under any consumer protection law of the jurisdiction in which the Services are provided to you except to the extent permitted under that law. 
  2. If any part of these Terms and Conditions is found to be unenforceable by a court with jurisdiction under these Terms and Conditions, you agree that such part is to be read so as to be enforceable while still achieving its intent. If the court cannot do that, you agree that such part is to be removed and the rest of these Terms and Conditions are to remain enforceable. 
  3. These Terms and Conditions (including any additional terms that may be incorporated into these Terms and Conditions) is the only agreement between us regarding the Services and supersedes all prior agreements in relation to the Services.
  4. You agree that if we don’t take any action in relation to a breach of these Terms and Conditions, we have not waived our right to take action in relation to that or any other breach of these Terms and Conditions. 
  5. You may not assign or transfer any of your rights or obligations under this agreement without our consent. You agree that we may assign our rights and obligations under this agreement without your consent. 

Privacy Policy

  1. This Privacy Policy applies to all personal information collected by us via the Services. 
  2. In this Privacy Policy “personal information” means information or an opinion about an identified individual or an individual who is reasonably identifiable:
    • a) whether the information or opinion is true or not; and 
    • b) whether the information or opinion is recorded in a material form or not. Information that does not disclose your identity or enable your identity to be ascertained will in most cases not be personal information and will not be subject to this privacy policy. 
  3. The kind of personal information that we collect from you will depend on how you use the Services. The personal information which we collect and hold about you may include:
    • a) your name and date of birth; 
    • b) your residential or postal address; 
    • c) your email address;
    • d) your mobile telephone number; 
    • e) information regarding family and friends; f) social media usernames and passwords; g) credit card details; 
    • h) user ID for accessing the Services; and
    • i) location information. 
  4. We may collect personal information from you whenever you input such information into the Services. 
  5. We also may collect cookies from your computer which enable us to tell when you use the Services and also to help customize your experience of the Services. As a general rule, however, it is not possible to identify you personally from our use of cookies. 
  6. The purpose for which we collect personal information is to provide you with the best service experience possible of the Services. 
  7. We customarily disclose personal information only to our service providers who assist us in operating the Services. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties. 
  8. By using our Services, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature. 
  9. We will not use or disclose any personal information for a purpose other than the Services and subject to this agreement. We further agree that:
    • a) to the extent that it is applicable to the Services, to comply at all times with the Australian Privacy Principles contained in schedule 1 to the Privacy Act 1988 (Cth);
    • b) to extent that it is applicable to the Services, to comply with the requirements of the European Union General Data Protection Regulation (GDPR); and
    • c) to take all reasonable steps to protect personal information in our possession against misuse or loss and we will return, destroy or de-identify all such information upon termination or expiry of this agreement.
  10. In some circumstances, the GDPR provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law. 
  11. You may obtain access to the personal information we hold about you and correct inaccurate personal information. If you would like to obtain such access, please contact us as set out below. 
  12. If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by our privacy officer and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem.

Aamica Content Policy

  1. In order to uphold the values of Aamica and enhance all users’ experiences of the Services, you agree to the following Content Guidelines:
    • (a) You will not submit, publish, post or upload adult content including images or videos that contain nudity or sexual activity.
    • (b) You will not submit, publish, post or upload content that exploits children including but not limited to sexual abuse imagery and material that encourages or promotes sexual attraction towards children.
    • (c) You will not submit, publish, post or upload content that includes or promotes hate speech including but not limited to content that promotes or condones violence against or has the primary purpose of inciting hatred against an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
    • (d) You will not submit, publish, post or upload content that is primarily intended to be shocking, sensational, or gratuitous.
    • (e) You will not submit, publish, post or upload content that promotes or supports terrorist acts, incites violence or celebrates terrorist attacks.
    • (f) You will not submit, publish, post or upload content that threatens, harasses or bullies others.
    • (g) You will not submit, publish, post or upload content that infringes copyright or other intellectual property rights of other people.
    • (h) You will not submit, publish, post or upload another person’s personal and confidential information.
    • (i) You will not submit, publish, post or upload content that deceives or misleads or is intended to deceive or mislead other people.
    • (j) You will not use the Services to engage in illegal or unlawful activities.
    • (k) You will not use the Services to disseminate or transmit spam, malware or viruses.
  2. Please report suspected violations of the Content Guidelines by using the “Report” feature in the Services.  We will investigate and take appropriate action in relation to each report within 24 hours.
  3. You may remove any content that you object to from your wall by using the appropriate features within the Services.
  4. If we determine that any content breaches the Content Guidelines we may do and you agree that we may do any or all of the following:
    • (a) immediately remove such content without notifying any person including you or the person who submitted, published, posted or uploaded the content;
    • (b) immediately block the person who submitted, published, posted or uploaded the content from the Services without notifying them; and
    • (c) immediately close the account of the person who submitted, published, posted or uploaded the content without notifying them.