Terms of Use

Consent

By accessing and/or using our App, you agree to these terms of use and our Privacy Policy (available on our App) (Terms). Please read these Terms carefully and immediately cease using our App if you do not agree to them.

Variations

We may, at any time and at our discretion, vary these Terms by publishing updated terms on our App. We recommend that you check our App regularly to ensure you are aware of any changes. Materials and information on this App (Content) may be updated from time to time, and while we use reasonable efforts to keep Content accurate and current, we do not guarantee that all Content will always be complete, accurate or up-to-date.

Licence to Use Our App

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our App in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited Conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our App; which we would consider inappropriate; or which might bring us or our App into disrepute, including (without limitation):

• anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
• using our App to defame, harass, threaten, menace or offend any person;
• interfering with any user using our App;
• tampering with or modifying our App, introducing or transmitting malware or other harmful code, or otherwise damaging, interfering with, or disrupting the operation of our App;
• using our App to send unsolicited email messages; or
• facilitating or assisting a third party to do any of the above acts.

Exclusion of Competitors

You are prohibited from using our App, including the Content, in any way that competes with our business.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property Rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our App and all of the Content. Your use of our App and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our App or the Content. You must not:

• copy or use, in whole or in part, any Content;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
• breach any intellectual property rights connected with our App or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit information and content (User Content) on our App. You retain all ownership rights in your User Content. By making User Content available through our App, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, copy and otherwise process that User Content solely for the purpose of operating, maintaining, providing and improving our App and related services. This licence will end when the User Content is deleted from our systems, except where we are required to retain it for legal, security or operational purposes.

You agree that you are solely responsible for all User Content that you make available on or through our App. You represent and warrant that:

• you are either the sole and exclusive owner of the User Content, or you have all rights, licences, consents and releases necessary to grant the rights contemplated by these Terms; and
• neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content, nor our use of the User Content in accordance with these Terms, will infringe or violate a third party's intellectual property rights, privacy rights or applicable laws.

We do not endorse or approve any User Content, and we are not responsible for it. We may remove User Content at any time where we believe it is reasonably necessary to do so.

Third Party Apps

Our App may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance

We may make updates or improvements to our App from time to time. Where maintenance or updates require temporary downtime, we will carry this out in accordance with our scheduled maintenance windows or in line with our service availability commitments. We will use reasonable efforts to provide notice where unscheduled maintenance is required. To the maximum extent permitted by law, we are not responsible for any Liability arising from or in connection with any temporary unavailability in accordance with these commitments.

Warranties and Disclaimers

To the maximum extent permitted by law, we provide our App and all Content on an "as is" and "as available" basis. We do not make any representations or warranties of any kind, express or implied, including (without limitation) warranties that:

• the App or Content will be complete, accurate, reliable, current, or suitable for your intended use;
• access to the App will be uninterrupted, timely, secure, error-free, or free from viruses or harmful components; or
• the App will meet your performance, functionality, or security expectations.

Limitation of Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our App and/or the Content and/or any inaccessibility of, interruption to or outage of our App and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our App or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

These Terms are effective until terminated by us. We may suspend or terminate access to the App where reasonably necessary, for example where required for legal, security or technical reasons. In the event of termination, all restrictions imposed on you by these Terms and all limitations of liability will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our App and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our App may be accessed throughout Australia and overseas. We make no representation that our App complies with the laws (including intellectual property laws) of any country outside Australia. If you access our App from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our App.

Contact Us

For any questions and notices, please contact us at:

Cybuild CCMS Pty Ltd (ACN 643 875 030)

Email: support@cybuild.com.au