Terms & Conditions
APPLE IS NOT A SPONSOR OR INVOLVED IN ANY COMPETITIONS, REWARDS OR PROMOTIONS CONTAINED WITHIN THIS APPLICATION.
Because the App Majik Platform uses the Facebook Connect platform, if you interact with the App Majik Platform through the Facebook Connect option then Facebook's terms and conditions, guidelines and privacy policies also apply to your use of the App Majik Platform. If there is a conflict between the App Majik Platform Terms and Conditions and Facebook's terms and conditions, guidelines and privacy policies then as between you and us, the App Majik Platform Terms and Conditions will prevail.
Definitions and Interpretations
Unless otherwise provided, in these terms and conditions:
Intellectual Property Rights or IPR means all intellectual property rights, including but not limited to, the following rights:
- patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
- any application or right to apply for registration of any of the rights referred to in paragraph (1.1.1); and
- all rights of a similar nature to any of the rights in paragraphs (1.1.1) and (1.1.2) which may subsist anywhere in the world (including Australia),
whether or not such rights are registered or capable of being registered.
Personal Information has the meaning given by the Privacy Act 1988.
Personnel means the officers, employees, contractors (including subcontractors and their employees) and agents of App Majik.
Third Party Service means any third party software, application or website which the App Majik Platform directly or indirectly interacts with.
Customer means any company or person who creates one or more Apps using the App Majik Platform.
User means any person who accesses the App Majik Platform.
- APPMAJIK PTY LTD, ACN 154 741 705 (App Majik) own and operate the App Majik Platform.
- By clicking "I Agree" and/or by accessing and/or using the App Majik Platform (whichever is first), the User will be bound by these terms and conditions as they appear as part of the App Majik Platform from time to time.
- App Majik reserves the right to amend the App Majik Platform (including any of its functionality) and these terms and conditions at any time (including as a result of amendments made by a relevant Third Party Service to its functionality or terms and conditions of use). Any amendments made to these terms and conditions will be effective immediately on them being made available on the App Majik website and/or via the App Majik Platform.
The User acknowledges and agrees that:
- it can use some aspects of the App Majik Platform without registration with App Majik; but
- to use all functionality of the App Majik Platform it must register and provide all information required by App Majik during the registration process (User Information) to App Majik via the App Majik Platform or a nominated website.
By registering and providing the User Information, the User warrants that:
- it will provide up-to-date, current and accurate information and will continually update all User Information as required;
- it will keep the registration details, including username(s) and password(s), secure and confidential; and
- the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.
Intellectual Property Rights
- Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in the location from which the User has access to the App Majik Platform, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the App Majik Platform (or the App Majik Platform itself) in any form (including by e-mail or other electronic means), without App Majik's prior written consent.
- All trade marks, copyright and other Intellectual Property Rights in the App Majik Platform and the information material contained on the App Majik Platform is owned by or licensed to App Majik.
App Majik (including its authorised third party contractors) may use any data and information (including Personal Information) that has been submitted by the User for the purpose of registering with or otherwise using the App Majik Platform to provide the User with the App Majik Platform, and for other purposes including to:
- customise any promotional or advertising material made available via the App Majik Platform;
- contact the User with information regarding the App Majik Platform; and
- monitor the User's use of the App Majik Platform.
- The App Majik Platform may log (and App Majik may have access to) information about any mobile device or computer used to access the App Majik Platform (including the User's IP address, operating system and browser type) and the date and time of access.
- App Majik can not guarantee the security of any data transmitted via the App Majik Platform. Any information submitted by the User using the App Majik Platform is done so at the User's own risk.
- App Majik is not the supplier of any of the goods and services advertised through the App Majik Platform. App Majik does not moderate interaction between Customers and Users.
- The Customer(s) is entirely responsible for all goods and services advertised via the App Majik Platform. All disputes relating to any advertised goods and services must be directed to the Customer.
- Representations about goods and services are based on information and material provided to App Majik by the relevant Customer. For the avoidance of doubt, the User acknowledges that App Majik takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including Customers, on the App Majik Platform.
- Any dispute between the User and the Customer must be resolved by the User and the Customer. App Majik is under no obligation to resolve or assist the User in resolving a dispute with a Customer.
Liability and indemnities
To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these terms and conditions. Where legislation implies any condition or warranty, and that legislation prohibits App Majik from excluding or modifying application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but App Majik's liability will be limited for a breach of that condition or warranty to the minimum remedy provided for in that law. If a supply by App Majik under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits App Majik to limit its liability, then App Majik's liability shall be limited to:
- in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again.
The User acknowledges, that to the extent permitted by law, App Majik does not accept liability for any errors, omissions, expenses, losses or damages caused by:
- the User's access to and/or use of the App Majik Platform;
- representations made by a Customer(s) via the App Majik Platform (including where inaccurate information or material has been provided);
- the User's dealings with a Customer(s) arising from use of the App Majik Platform; and/or
- any failure in the networks or servers used to provide the App Majik Platform.
As a condition of the User's use of the App Majik Platform, the User agrees to indemnify and keep indemnified App Majik and all of its Personnel against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against App Majik or its Personnel) that App Majik or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
- any breach of these terms and conditions by the User;
- the User's access to and/or use of the App Majik Platform; and
- any loss of, or damage to, any property, or injury to, or death of, any person caused by the User's access to and/or use of the App Majik Platform.
Termination of access
- App Majik may terminate the User's access to the App Majik Platform at any time and for any reason including, but not limited to, a breach of these terms and conditions.
- By accessing this site, the User acknowledges and agrees that any disputes in relation to the App Majjik Platform are to be determined by the courts of South Australia, in accordance with the laws of South Australia.
- App Majjik accepts no liability for any failure or delay in complying with these terms and conditions where such failure or delay is due to circumstances beyond App Majjik's reasonable control.
- If App Majjik waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by App Majjik or its authorised representative.
- If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in force.