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Terms and Conditions of Use
1. About the Website
2. Acceptance of the Terms
3. About the Service
4. Acceptable use of the Service
5. Security and Data Privacy
6. Data Use
7. Third-Party Data Processing and Cross-Border Data Transfers
8. Subscription to use the Service
10. Refund Policy
Genroe (Australia) Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Genroe (Australia) Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
11. Service Availability
Genroe (Australia) Pty Ltd will use commercially reasonable efforts to make the Services available with minimal downtime. However, the Services are subject to occasional scheduled maintenance and unforeseen downtime.
Genroe (Australia) Pty Ltd does not guarantee that the Services will be uninterrupted, or that it will be secure, consistent, timely, or error-free.
In the event of any service interruption, Genroe (Australia) Pty Ltd will use reasonable endeavours to restore the Services as soon as reasonably possible.
You acknowledge and agree that Genroe (Australia) Pty Ltd will not be liable for any losses, costs, damages, or liabilities that may be incurred as a result of a service interruption, and Genroe (Australia) Pty Ltd’s liability, in any event, will be limited as set forth in the Limitation of Liability clause of these Terms.
12. Copyright and Intellectual Property
13. User Content and Intellectual Property Rights
As a user of the Chatbot, you may be able to upload, submit, store, send or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, store, send or receive User Content to or through the Chatbot, you grant Genroe (Australia) Pty Ltd a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content for the limited purpose of operating, promoting, and improving the Chatbot, and to develop new services. This license continues even if you stop using the Chatbot.
You represent and warrant that: (i) you own the User Content posted by you on or through the Chatbot or otherwise have the right to grant the rights and licenses set forth in these terms; (ii) the posting and use of your User Content on or through the Chatbot does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Chatbot; and (iv) you have the legal right and capacity to enter into these terms in your jurisdiction.
Genroe (Australia) Pty Ltd respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Chatbot infringe upon your copyright or other intellectual property right, please send the following information to Genroe (Australia) Pty Ltd: (i) a physical or electronic signature of the intellectual property right owner or authorized representative; (ii) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (iii) a detailed description of where the material that you claim is infringing is located on the Chatbot; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law.
14. General Disclaimer
15. Limitation of Liability
16. Termination of Contract
You agree to indemnify Genroe (Australia) Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
18. 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 written notice to the other party 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:
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.
Termination of Mediation
If 28 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.
19. Venue and Jurisdiction
The Services offered by Genroe (Australia) Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia.
20. Governing Law
The Terms are governed by the laws of Western 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 Western Australia, 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.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
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.