Last updated: 7 May 2018
Welcome to our Site. These are our terms for use of the Site which you may access in several ways, including but not limited to the web and mobile phones. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.
Use of this Site
1. The Publisher, inPocket software, is the owner and operator of this Site.
2. Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.
3. inPocket software may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. inPocket software will include on the Site the date on which it last made amendments to these terms.
Content and functionality of the Site
4. inPocket software may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, inPocket software will not be liable to any User or to any third party should it exercise such rights.
5. In some circumstances, the Site will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and inPocket software will have no liability to you in such circumstances subject to the remainder of these terms.
6. All intellectual property in relation to content on this Site belongs to inPocket software or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
8. The logos of the Site are trademarks of inPocket software. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo or trademark displayed on the Site, without the express written permission of the relevant owner.
9. Content included on the Site is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual circumstances.
Liability & Indemnity
10. inPocket software does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. inPocket software otherwise excludes all rights, remedies, guarantees, conditions, and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
a) inPocket software does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at inPocket software’ sole discretion and without notice.
b) inPocket software will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
c) inPocket software does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error-free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that inPocket software or the server that makes it available, are free of viruses or bugs.
11. Where permitted under local law, including the ACL, liability of inPocket software, for any breach of a term or condition implied by law is limited at inPocket software’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, inPocket software cannot limit its liability in this manner if you establish that it would not be fair or reasonable for inPocket software to do so.
Third Party Content & Links
12. This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that content.
13. This Site may include links to third party sites which are not related to inPocket software and in relation to which inPocket software has no control or interest. The appearance of those links on this Site does not indicate any relationship between inPocket software and that third party or any endorsement by inPocket software of that third party, its site or the products or services which it is advertising.
15. Users must not use this site for any purpose or in any way which is unlawful.
16. These terms shall be governed by and interpreted in accordance with the laws of the state of New South Wales in Australia.