Terms of Service
Last updated on Nov 30, 2018
By downloading and using the App, you agree to these terms. Please read these Terms and should you not understand or accept them, please do not use the App.
You can access these Terms at any time at anniebabymonitor.com. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our these Terms by posting the amended terms at our website. Your continued use of our Services confirms your acceptance of the updated terms.
2. Right To Use Our Services
Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our App for your own personal, non-commercial, entertainment purposes. You agree not to use our App for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
You will not receive any other license and we retain all right, title and interest in and to the App. This means we own at all times all copyright, trade marks, code, software and any and all rights in, or derived from, the App. The App must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.
The licence ends on the earlier of your disposal of the App or our termination of the licence in accordance with these Terms.
3. Your Obligations
You will not:
- rent, lease, lend, sell, transfer, redistribute our App;
- use the App for any commercial purpose without our prior written connect;
- attempt to disrupt or burden the normal operation of our App, or any of our infrastructure or any of our other business activities;
- attempt to gain unauthorised access to our Services;
- impersonate any other person in your use of our Services;
- attempt to decompile, reverse engineer, disassemble or hack the App, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- use our App to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group;
- copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;
- use our App to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, the App or other users; or
- use our Services in connection with the actual or attempted contravention of any laws.
You are responsible for ensuring that your installation and use of our App does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including Apple iOS App Store and the Google Play Store.
4. Intellectual Property
You agree that all Intellectual Property relating to our App is owned by or licenced by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our App.
5. Accounts and Login
The App enables you to create an account or otherwise log in. Where you do so you must take reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your account whether the access is authorised by you or not. We will assume anyone using your account has your permission to do so.
6. Updates & Access To Our Services
We have the right to withdraw or modify the App (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter the App at our sole discretion.
You understand that:
- we may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Services;
- you may need to update third party software from time to time in order to use the App
- it is your responsibility to update the App and third party software when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update; and
- we are not obliged to support our App by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of the App
7. Third Party Services
Third party services may be used when you purchase, install or update the App, including Apple iOS App Store and Google Play Store and when you use the App, including but not limited to Google Analytics and Google Firebase.
These third party services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. We are not liable for the activities of any such third parties.
8. Termination Of Account Or Service
If we terminate your account you must not access any other accounts, or create any further Accounts.
You understand that if you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
9. Disclaimer & Release
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS OR LOSSES ARISING DIRECTLY OR INDIRECTLY FROM:
- A FAILURE TO PROVIDE OUR SERVICES, OR ANY PART THEREOF;
- CORRUPTIONS TO OR LOSS OF DATA, ERRORS OR INTERRUPTIONS OCCURRING IN THE COURSE OF USING, OR AS PART OF, ANY OF OUR SERVICES;
- ANY SUSPENSION OR DISCONTINUANCE OF ANY OF OUR SERVICES, OR ANY PART THEREOF; OR
- ANY USE OF OUR SERVICES BY OTHER USERS, INCLUDING ANY USE OF OUR SERVICES BY OTHER USERS WHICH CONTRAVENES THESE TERMS.
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU UNDERSTAND THAT OUR SERVICES CANNOT BE GUARANTEED TO BE ERROR FREE AND THE EXISTENCE OF ANY ERRORS WILL NOT BE A BREACH OF THESE TERMS.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, AND TO THE FULL EXTENT PERMITTED BY LAW:
- WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS), OR CLAIM, ARISING OUT OF BREACH OF THESE TERMS OR ARISING OUT OF THE SUPPLY OF DEFECTIVE SERVICES;
- OUR LIABILITY FOR ANY TERM, CONDITION, GUARANTEE OR WARRANTY THAT IS IMPLIED BY LAW AND CANNOT LAWFULLY BE EXCLUDED BY US, INCLUDING THE CONSUMER GUARANTEES SET OUT IN THE AUSTRALIAN CONSUMER LAW CONTAINED IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND ALL SIMILAR OR EQUIVALENT LEGISLATION, RULES AND REGULATIONS IS LIMITED TO (AT OUR OPTION):
– IN THE CASE OF GOODS (TO THE EXTENT OUR SERVICES ARE CONSIDERED A GOOD UNDER APPLICABLE LAW) – REPAIRING, REPLACING OR SUPPLYING EQUIVALENT GOODS, OR PAYING THE COST OF ANY OF THOSE REMEDIES TO THE YOU; OR
– IN THE CASE OF SERVICES – SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND
YOU AGREE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGMENT IN ACQUIRING THE APP AND HAVE NOT RELIED ON ANY REPRESENTATION WE HAVE MADE WHICH HAS NOT BEEN STATED EXPRESSLY IN THESE TERMS OR UPON DESCRIPTIONS, SCREENSHOTS, WEBSITE INFORMATION OR SPECIFICATIONS CONTAINED IN ANY DOCUMENT INCLUDING CATALOGUES OR PUBLICITY MATERIAL PRODUCED BY US.
IF YOU PURCHASED OUR SERVICES FROM THE IOS APP STORE, IN THE EVENT OF ANY FAILURE OF OUR SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.
You must take your own precautions to ensure your access to the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your devices which arises in connection with your use of our App.
We will collect, process, use and share your personal information in accordance with our Privacy Notice, as set out in these Terms and as you otherwise consent.
By using the App, you agree to these Terms and acknowledge that your agreement is a precondition to your use of the App
Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. If you do not agree to these practices you should not allow our Services to interact with your social network.
If you have any questions about these Terms or our Services you may contact us at email@example.com.