TERMS AND CONDITIONS OF USE - NICHIFY APP
1.1 The Nichify application (App) is owned and operated by Nichify Holdings Pty Ltd ACN 168 668 826 (Nichify, We, Us or Our).
1.2 The App provides a platform to facilitate interaction between brands (Brands) and high-profile social media users (Influencers) who may wish to develop a relationship. In these terms and conditions, Brands and Influencers are collectively referred to as Users or You (with all derivative words having a corresponding meaning).
1.4 We reserve the right to amend these Terms at any time. You will be deemed to have accepted the terms and conditions as amended by Your continued access to and use of the App.
2. Use of Content
What content appears in the App?
2.1 The App may contain information, text, images, audio, video, graphics, software, advertisements and other works that originate with Nichify (Nichify Content). It also contains content that has been uploaded, downloaded or otherwise integrated into the App as a result of Users using the App (User Content). Examples of User Content may include the avatars and user names used by Users, communications between Users, feedback and ratings of Users, any works that appear on the App as a result of a User linking an existing social media profile to the App and any material published to the App by a User.
Who owns the Nichify Content, and what use can I make of it?
2.2 All Nichify Content is copyright © 2015 Nichify Holdings Pty Ltd ACN 168 668 826, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise (Copyrighted Information). The Copyrighted Information is protected by Australian and international copyright laws.
2.3 You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the Copyrighted Information except as expressly provided in the App, or expressly authorised in writing by us.
2.4 You must not use the App’s trade marks, logos or other Copyrighted Information for any purpose without Our prior written consent.
2.5 You may, subject to specific restrictions set out in these Terms, download Copyrighted Information from the App solely for Your personal, non-commercial use. You must not distribute such Copyrighted Information in any form to any third party. You agree not to change or delete any proprietary notices from any Copyrighted Information downloaded from the App.
2.6 You must not:
a) modify or create derivative works based upon the App or the Content;
b) decompile, disassemble, or reverse engineer the App in whole or in part;
c) defeat, disable, or circumvent any protection or security mechanism related to the App or Content;
d) defame the App or Us; or
e) export, download, alter, manipulate or otherwise use the Content in in any manner save for as permitted in section 2.5.
Who owns the User Content, and what use may I make of it?
2.7 The User Content is provided by Users and is not moderated, vetted, approved or endorsed by Us, and accordingly no User Content constitutes a representation by Us. If You have queries about User Content, including its veracity or Your rights to reproduce User Content, You must make Your own enquiries of the relevant User.
2.8 You must not rely on User Content, including any that purports to constitute representations or warranties, without first conducting Your own due diligence including by making Your own enquiries and investigations outside of the App.
2.9 The App cannot be used to make binding agreements. In the event that You wish to enter into an agreement or legal relationship (such as a sponsorship or contractor arrangement) with another User or Users, We strongly recommend that You both seek independent legal advice. Any agreement or legal relationship must be formalised in writing.
2.10 In making any use of User Content You must ensure that You comply with the Privacy Act 1988. We are not responsible for any User’s use or disclosure of Personal or Sensitive Information (within the meaning of the Privacy Act 1988) which is disclosed by one User to another, or obtained by one User from another, whether via the App or otherwise.
3. Content Rules
3.1 You warrant that:
a) all information You provide to Us upon registering for the Use of the App is accurate and not misleading;
b) any third-party social media accounts to which You link are:
i. Your own accounts;
ii. in the event that the account refers to a Brand, that You are authorised by the owners or controllers of that Brand to access its social media accounts and/or represent their interests; and
iii. in the event that the account refers to an individual who is not Yourself (Individual), that You are authorised by that Individual to access his or her social media accounts and/or represent their interests.
c) You have the right to enter into this agreement, including, if relevant, authority from any Brand or Individual to enter into this agreement and to use this App on its or his or her behalf;
d) You are accurately representing Yourself and any relationship You claim to have with a Brand or Individual;
e) You are entitled or authorised to submit and use User Content in the manner anticipated in this agreement and invited or anticipated by the nature of the App;
f) all User Content submitted, provided, uploaded or otherwise integrated into the App by You is accurate, not confidential, is not in violation of any contractual rights and does not breach any third party’s intellectual property rights;
g) no User Content submitted, provided, uploaded or otherwise integrated into the App by You is defamatory, obscene, pornographic, blasphemous, incendiary or illegal;
h) any ratings, feedback or comments that You make on the App in respect of Users are accurate, fair, balanced and reasonable in all the circumstances; and
i) any Content You create, post, share or otherwise make available on the App complies with Australia’s Competition and Consumer Act 2010; (together, the Warranties).
3.2 You indemnify Us for any costs, damages, fees (including legal fees on a solicitor/client basis) in respect of any claim by a User or any third party of a breach by You of the Warranties, without reservation.
3.3 In the event that You believe a User is in breach of the Warranties, You may contact Us at email@example.com and advise Us accordingly. We are not obliged to take action upon receiving such notification.
4.1 Your user name and password are for Your use only and are not transferrable. You are responsible for safeguarding the password that You use to access the App and You are responsible and liable for any activities or actions under Your password.
4.2 We encourage You to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) in relation to Your account. We are not liable for any loss or damage arising from Your failure to comply with the above.
4.3 You must take all reasonable steps to ensure that no unauthorised person shall have access to the App or the Content. Upon learning of any unauthorised possession or use of or access to the App, You will notify Us promptly with details of such occurrence, will assist in preventing any recurrence thereof, and will cooperate fully in any litigation or other proceedings undertaken to protect Our rights.
5.1 While care has been taken in presenting the Content, We do not warrant or guarantee its correctness, accuracy, or timeliness. We do not perform any independent analysis or investigation of any of the User Content. We do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided in the Nichify Content. In making Content available, We are not endorsing or advocating the use of any product or procedure described in the Content, nor are We responsible for any consequence of any typographical or factual error nor other inaccuracy in any Content.
5.2 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or the App or endorse any opinions expressed (whether overtly or impliedly) on the App.
5.3 In using the App, You may be exposed to Content that is harmful, obscene, misleading, inaccurate or otherwise inappropriate. Under no circumstances will We be liable in any way for any Content, including, but not limited to, any errors
or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available in the App.
5.4 We are not responsible for any loss or damage whatsoever caused to You by the use of the App by any User whatsoever.
5.5 We make no representations as to the availability of the App, or in relation to continuity of service of or access to the App. You accept that the App may not be operational or may cease to be operational at any time.
5.6 We reserve the right to suspend and/or delete Your account and all User Content provided by You without notice for any reason or for no reason.
5.7 We are not responsible for any loss or damage whatsoever caused to You by the use, suspension or deletion of Your account for any reason.
6.1 We retain the right, but are not obliged, to monitor the App and the Content.
6.2 We reserve the right at all times (but will not be obliged) to remove or refuse to post any Content on the App, to suspend or terminate registered users, and to reclaim user accounts without liability to any such user or third party.
6.3 If You believe that the App is experiencing technical fault or has been subject to hacking or other attack, You can contact Us at firstname.lastname@example.org. We are not obliged to take action upon receiving such notification.
7. Variation and Termination
7.1 These Terms shall continue to have full force and effect until varied or terminated by Us. We reserve the right to terminate this agreement and Your access to the App at any time for any reason or for no reason. The Terms relating to intellectual property and all disclaimers and limitations of liability shall survive the termination of this agreement.
7.2 We reserve the right to vary these Terms at any time, including by posting new or varied Terms on the App. You will be given the opportunity to accept such varied Terms on Your first visit to the App after such variation occurs, and if You elect not to accept the Terms as varied Your permission to use the App will terminate immediately.
8.1 This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
8.2 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
8.3 The waiver by Us of a breach of these Terms by You shall not be construed as a waiver of any other breach of these Terms by You and shall not in any way restrict Our right to exercise its rights pursuant to this agreement in respect of any other breach of these Terms.