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TERMS & CONDITIONS & PRIVACY POLICY

These terms and conditions together make up a legally binding agreement (the Agreement) between: AKCollective Mode Pty Limited ACN 651 238 738 (referred to in these terms as “Us” “We” and “Our”) AND the person(s) or company downloading our App (referred to in these terms as “you”). 

 

This Agreement may be accepted by you downloading our app from the Google Play Store or Apple App Store.

THE PARTIES AGREE as follows:

  • Use of our App

    • You agree that:

  • by providing your personal or company details and event details in our App that we will be providing this information to third parties in accordance with our Privacy Policy; 

  • third party providers may contact you through our App or via an email address provided by you about the Services provided by our App;

  • if you are a host of an event, suppliers will be able to access details about your event and also the other suppliers involved in your event;

  • if you a supplier of an event, details of your involvement in the event will be available for other suppliers connected to the event.

 

  • Payment and Price

    • The fee payable by you will be based on the subscription package purchased. You can pay your app subscription by monthly payments or as an annual fee.

    • There is no refund on annual and monthly subscriptions for change of mind. For example, if you wish to cancel your monthly subscription, you will not receive a refund of the difference in price between the date of cancellation and the end of your monthly plan. 

    • Unless stated otherwise Our fees exclude GST. You agree to pay any GST imposed on Us now or in the future in relation to this Agreement. Where GST is payable on any taxable supply made under this Agreement, You agree the Fees payable for the supply will be increased by any amount equivalent to the GST payable by Us in respect of that supply. 

 

  • Legal Disputes and Limitation of Liability

    • Our aggregate liability to you for any Loss arising out of or in connection with:

  • Any act, error, negligence, misrepresentation or omission concerning or arising out of all of the Services provided under this Agreement (including any pre contractual statement, representation or warranty as to the quality or fitness of the Services or as to our ability to perform the Services);

  • Any breach of the Agreement or breach of duty of any kind owed in connection with the provision of the Services;

will be limited to and will not in any circumstances exceed the total Fees paid by you under this Agreement. This limitation applies to the aggregate Loss suffered or incurred by you in respect of all Services provided. 

    • In no event will We be liable for any loss of profit, revenues, anticipated savings, business or investment opportunities, internal management costs or any other indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.

    • The limitation on liability in clause 3.1 does not apply to any liability which arises solely and directly from Our fraud or dishonesty. 

    • Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law. 

    • Our App may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. 

 

  • Confidentiality

    • A party receiving Confidential Information (“receiving party”) which is provided by or on behalf of the other party (“disclosing party”) must not deal with the disclosing party’s Confidential Information in any way that might prejudice its confidentiality.

    • The parties acknowledge that information resulting from Our activities pursuant to this Agreement will also be regarded as Confidential Information. 

    • The receiving party’s obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by:

  • the Company, in the case of Confidential Information pertaining to the Company’s business; and

  • the Company’s client, in the case of Confidential Information pertaining to the business of any of the Company’s clients.

    • At the end of the Term, or when earlier directed by the disclosing party:

  • all Confidential Information must be returned to the disclosing party, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information that the receiving party makes; and

  • the receiving party will must erase and destroy any copies of any software containing or comprising the Confidential Information in the receiving party’s possession or under the receiving party’s control or that may have been loaded onto a computer possessed or controlled by the receiving party.

    • The Confidential Information does not include information which:

  • is generally available in the public domain otherwise than as a result of a breach of this clause by the receiving party; or

  • was known by the receiving party prior to the disclosing party disclosing the information to the receiving party.

    • The receiving party agrees to indemnify the disclosing party fully against all liabilities, costs and expenses which the disclosing party may incur as a direct result of any breach of this clause by the receiving party.

    • The receiving party acknowledges that damages may be an inadequate remedy for breach of this clause and that the disclosing party may obtain injunctive relief against the receiving party for any breach of this clause.

    • The obligations accepted by the receiving party under this clause survive termination or expiry of this Agreement.

 

  • Intellectual Property 

    • You acknowledge that We will own all Intellectual Property Rights in our App. To the extent that any Intellectual Property Rights in respect of the App vests in you, you assign all such Intellectual Property Rights to Us with such assignment effective immediately upon the relevant Intellectual Property Rights vesting in you. 

    • We agree to grant you a non-exclusive, non-transferable, royalty free licence to use and reproduce the Intellectual Property Rights our App for the sole purpose of ensuring that you obtain the benefit of our App.

 

  • Force majeure

    • Neither Party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that Party.

    • The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.

    • If such circumstances continue for a continuous period of more than 3 months, either Party may terminate this agreement by written notice to the other Party.

 

  • Termination

    • We may terminate this Agreement by notice in writing to you, if you:

  • fail to observe any term of this Agreement; 

  • fail to rectify a breach, to Our satisfaction, following the expiration of 7 days’ notice of the breach being given in writing by Us to you.

    • Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing you with 7 days’ notice.

    • You may terminate this Agreement by giving at least 7 days’ written notice, however, any fees already paid by you will not be refunded. 

 

  • Applicable Law

    • The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the New South Wales.  

 

  • Definitions

In these terms and conditions, the following terms have the meanings indicated:

  • Confidential Information includes any information marked as confidential and any information received or developed by a party, which is not publicly available and relates to processes, equipment and techniques used by the disclosing party in the course of the disclosing party’s business. This includes all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans.

  • Intellectual Property Rights means copyright, trademark, design, patent, semiconductor or circuit layout rights and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material used by Us in respect to this Agreement

  • Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tor, contract or otherwise (including costs awarded or incurred) of any kind.

  • Privacy Policy means our privacy policy which is available to view here [link for privacy policy].

  • Services means the App which connects event hosts with suppliers and suppliers to suppliers in organising an event.

PRIVACY POLICY

  1. We respect your privacy

    1. AKCollective Mode Pty Limited ACN 651 238 738 (hereafter referred to as “us”, “we”, “our”) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.

    2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

    3. "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

    4. You may contact us in writing at info@heyall.co for further information about this Privacy Policy.

 

  1. What personal information is collected

    1. We will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.

    2. You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.

    3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

    4. Additionally, we may also collect any other information you provide while interacting with us.

  1. How we collect your personal information

    1. We collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

    2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

  2. How we use your personal information

    1. We may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

    2. We will use personal information only for the purposes that you consent to. This may include to:

      1. provide you with products and services during the usual course of our business activities;

      2. administer our business activities;

      3. manage, research and develop our products and services;

      4. provide you with information about our products and services;

      5. communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and

      6. investigate any complaints.

If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

    1. We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

    2. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

  1. Disclosure of your personal information

    1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

    2. If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

  2. Security of your personal information

    1. We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

    2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

    3. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

  3. Access to your personal information

    1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@floralmode.com.au.

    2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

  4. Complaints about privacy

    1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to info@floralmode.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

  5. Changes to Privacy Policy

    1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

  6. Website

    1. When you download our App

We may collect certain information such as browser type, operating system, website visited immediately before downloading our App, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

    1. Cookies

We may from time to time use cookies on our App. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

    1. Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information. 

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