MOBILE SYNCALCAPP TERMS AND CONDITIONS OF USE
1. About SyncalcApp
(a) Welcome to the Syncalc Application (the 'SyncalcApp') for colouring attributes such as numbers, tile backgrounds and answers presented in a basic calculator for personal use only.
(b) SyncalcApp is operated by Neuroversal Pty. Ltd. (ACN 72 645 609 865) (Neuroversal). Access to and use of SyncalcApp, or any of its associated products or services, is provided by Neuroversal. Please read these terms and conditions (the 'Terms ') carefully. Using, browsing and/or reading SyncalcApp, signifies that you have read, understood and agree to be bound by the Terms in force at the time of any use of SyncalcApp by you. If you do not agree with the Terms, you must not use or cease using SyncalcApp, or any of its services, immediately.
(c) Neuroversal reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Neuroversal updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you make any use of SyncalcApp, we recommend you keep a copy of the Terms in force at the time of any use of SyncalcApp for your records.
2. Acceptance of the Terms
Whether you have paid a fee for the use of SyncalcApp or not You accept the Terms contractually by using or browsing SyncalcApp. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Neuroversal in the user interface. By using or browsing SyncalcApp you, the user, warrant that you are over the age of 13 or have explicit parental approval to use the Syncalc application.
3. Copyright and Intellectual Property
(a) SyncalcApp, the content and any and all of the related products or services of Neuroversal are subject to copyright and other intellectual property rights. The material on SyncalcApp is protected by contract and by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of SyncalcApp (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Neuroversal or its contributors.
(b) All intellectual property rights including copyright, trademarks, service marks and trade names, whether registered or not, are owned, registered and/or licensed by Neuroversal, which grants to you a limited worldwide, non-exclusive, royalty-free, revocable license whilst you are a user of SyncalcApp solely for the purpose of colouring attributes such as numbers, tile backgrounds and answers presented in a basic calculator (“Intended Purpose”) to:
(i) use SyncalcApp pursuant to the Terms and for the Intended Purpose;
(ii) copy and store SyncalcApp and the material contained in SyncalcApp as part of the use of SyncalcApp for the Intended Purpose only in your device’s cache memory; and
(iii) print pages from SyncalcApp for your own personal and non-commercial use .
(c) Neuroversal. does not grant you any other rights whatsoever in relation to SyncalcApp or its content nor in any intellectual property rights in respect thereof. All other rights are expressly reserved by Neuroversal and/or remain with their third party owner.
(d) Neuroversal retains all rights, title and interest in and to SyncalcApp and all related content. Nothing you do on or in relation to SyncalcApp will transfer any:
(i) business name, intellectual property rights, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(e) You may not, without the prior written permission of Neuroversal. and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on SyncalcApp, which are freely available for re-use or are in the public domain.
5. General Disclaimer
(a) Nothing in the Terms or the use of SyncalcApp involves Neuroversal making any representation or promise as to the impact of use of SyncalcApp (other than consistently with the Intended Purpose) and, in particular, no representation or warranty as to any therapeutic outcome or result is made respect of use of SyncalcApp;
(b) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(c) Subject to this clause 5, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Neuroversal will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable inexcludable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of SyncalcApp and the content is at your own risk. Everything on SyncalcApp and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Neuroversal make any express or implied representation or warranty about the content or any products or content (including the products or content of Neuroversal) referred to on SyncalcApp. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on SyncalcApp, the content, or any of its content related products (including third party material and advertisements on SyncalcApp);
(iii) costs incurred as a result of you using SyncalcApp, the content or any of the products of Neuroversal; and
(iv) the content or operation in respect to links which are provided for your convenience or advertising.
(v) Without limitation to the foregoing, Neuroversal provides no warranty or undertaking, and makes no representation of any kind that the Syncalc app will meet any user’s general or particular requirements, achieve any sought after results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
When a user creates an account for SyncalcApp, the user must provide to Neuroversal information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of provision of services to that user on SyncalcApp.
Individual users are responsible for safeguarding the password that used by them to access SyncalcApp and for any other activities or actions under that password.
Individual users agree not to disclose their password to any third party. Users must notify Neuroversal immediately upon becoming aware of any breach of security or unauthorized use of their SyncalcApp account.
Neuroversal recommends that you do not use a password for SyncalcApp that is used elsewhere. If a user does use such a password and it is compromised in a breach on another website, the user agrees that it must reset it with a new password in SyncalcApp .
User Feedback to Neuroversal
Users assign all rights, title and interest in any feedback provide to Neuroversal. If for any reason such assignment is ineffective, the user agrees to grant Neuroversal a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction and without attribution.
6. Limitation of liability
(a) Neuroversal's total liability arising out of or in connection with the content or these Terms and use of SyncalcApp, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the SyncalcApp to you.
(b) You expressly understand and agree that Neuroversal, its affiliates, employees, agents, and licensors shall not be liable to any user for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by a user, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that Neuroversal holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to SyncalcApp.
Links to Other Websites
(d) SyncalcApp may contain links to third-party web sites that are not owned or controlled by Neuroversal. Neuroversal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Users acknowledge and agree that Neuroversal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such web sites or services.
7. Termination of Contract
(a) If a user wants to terminate, it may do so by uninstalling SyncalcApp from their device or providing Neuroversal with 30 days' notice of intention to terminate by sending notice of your intention to terminate to Neuroversal. Contact Us' link on our homepage.
(b) Neuroversal may at any time, terminate the Terms, contract or service with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Neuroversal is required to do so by law;
(iii) Neuroversal is transitioning to no longer providing the services in the country in which a user is resident or from which a user uses SyncalcApp; or
(iv) the provision of the services to you by Neuroversal, is in the opinion of Neuroversal., no longer commercially viable.
(c) Subject to local applicable laws, Neuroversal. reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of SyncalcApp or any services without notice if a user breaches any provision of the Terms or any applicable law or if a user’s conduct impacts Neuroversal’s name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Neuroversal have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely .
(a) Each user, by using SyncalcApp agrees to indemnify Neuroversal, its affiliates, employees, agents, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting on SyncalcApp or attempts to do so; and/or
(iii) any breach of the Terms.
9. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give notice to the other party by email detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia, Australia.
9. 4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 180 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The SyncalcApp services offered by Neuroversal are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to SyncalcApp, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
11. Governing Law
As Syncalc app was conceived of, researched, developed and published in Australia users agree to be bound and governed by the laws of New South Wales, Australia even for users resident outside Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Reasonableness of Terms
Both parties confirm and declare that the provisions of the Terms are fair and reasonable.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
26 Feb 2024