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Legal

These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.
These Terms are not intended to answer every question or address every issue raised by the use of the Jaaims service. Jaaims reserves the right to change these terms at any time, effective upon the posting of modified terms and Jaaims will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the website. 

Website Terms & Conditions

WE APPRECIATE YOU VISITING THE JAAIMSAPP.COM WEBSITE. THE FOLLOWING REPRESENTS JAAIMS TECHNOLOGIES PTY LTD TERMS AND CONDITIONS FOR WEBSITE USE, ANY USE IS CONDITIONED UPON A USER’S ACCEPTANCE OF THESE TERMS OF USE. PLEASE READ THESE ITEMS THOROUGHLY BEFORE USING THIS WEBSITE.

The Jaaims website, www.jaaimsapp.com, is owned and controlled by Jaaims Australia Pty Ltd ACN 646 487 452 and its subsidiaries and affiliates, (collectively, “us”, “we”, “our” or “Jaaims”). By accessing or using Jaaims websites, including www.jaaims.com.auwww.jaaimsapp.comwww.jaaims.io digital destinations, or the mobile versions of such offerings, (collectively the “Website”) as a user, you represent that you have read and understood these Terms of Use (“Terms”) and agree to be bound by these Terms, together with our Privacy Policy, Copyright Policy, including those additional terms, conditions, and policies referenced herein, all which govern your access to and use of the Website and any other online features, products or services offered by Jaaims (collectively “the Services”).

By using or otherwise accessing our Website, you accept and agree to be bound by these Terms. Jaaims may change or otherwise modify these Terms, Website policies, restrictions, guidelines and the terms of referenced agreements herein, from time to time without notice to you. You agree to review these Terms and related items on our Website routinely to make yourself aware of any changes. Jaaims may also offer new features and services through our Website, with all such new features and services to be subject to these Terms. Your continued use of the Website after such changes have been posted shall be considered your acceptance to any revised Terms and related agreements. Should you not agree to these Terms, please cease Website use immediately. You agree to comply with all rules or restrictions that are posted on the Website. The use of our Website and Services is limited to persons who are considered of legal age and that can lawfully enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services.

Intellectual Property

All intellectual properties featured on and incorporated into the Website are owned and controlled exclusively by Jaaims and/or its licensors, which includes materials protected by copyright, trademark, patent laws and state and federal intellectual property laws. All trademarks, trade dress, logos, slogans, service marks and trade names, including but not limited to the “Jaaims”, are trademarks or registered trademarks of Jaaims. All content on the Website including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, audio, music, videos, meta data, applications, interactive features and all other content, however derived, (“Content”), is the exclusive proprietary property of Jaaims and/or our licensors.

Website Use And Restrictions

As an unregistered user of our Website, your use of our Website is subject to your acceptance of the these Terms as noted herein, and you shall only have the right to preview (“Preview Right”) Content available directly from the public facing (non-registered user) offerings of our Website while browsing our Website. As a Website user, you agree that Content shall only be uploaded to the Website or otherwise provided to Jaaims, or used by you, after you, have registered with our Website and agreed to our Jaaims User Agreement, as may be modified by us from time to time, and you shall not submit any Content to our Website or Service until you have agreed to such Jaaims. As a Website user, you also agree not to download or otherwise reproduce, use, or copy, Content available from our Website or Services, subject to your Preview Right, until you have registered with our Website and agreed to the terms of our Jaaims User Agreement, as amended or modified from time to time.

Unless otherwise agreed under our Jaaims User Agreement you agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or Content appearing on the Website, without Jaaims’s prior written consent. While using our Website and/or Services as the case may be, you agree not to: i) use any data mining, robots, scraping or similar data gathering methods in connection with your use of the Website; ii) conduct any unlawful or fraudulent activity through the Website or Services; iii) upload any Content that is illegal, offensive, defamatory, menacing, harassing, or in any manner infringes, misappropriates, or violates any third party’s privacy, copyright, trademark, right of publicity or other legal right; iv) copy or download any user or registrant information or Content for the benefit or another entity or business v) make any commercial use of the Website, or tools or applications provided through the Website, outside of the uses permitted under the User Agreement vi) conduct any activity that consists of the employment of software viruses, spam, spyware, worms, or other automated programs for any reason; vii) solicit passwords or personal identifying information for commercial or other unauthorised purposes from Website users for spamming, phishing data scraping, spidering or other similar activities, all which are strictly prohibited; and, viii) attempt to modify, disrupt, impair, alter, or interfere with the use, features, function, maintenance, or operation of the Website and/or Services or the rights permitted any other user of the Websites or Services. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you unless otherwise agreed under the User Agreement, as the case may be, where such terms are agreed to by you.

Website Use Procedures and Guidelines

In order to access certain content on the Website and utilise our Services, you will be required to become a registered user of the Website and have a unique username and password combination (To register on the Website, as a user, you must provide your legal name, address, phone number and e-mail address, along with other information we may need to provide Services and other applicable information that may be required from time to time by us.  


Content, Features, and Services
All Content, features, and Services available on or through the Website, are subject to change by Jaaims at any time without notice. In addition, any Content, features, and Services available on the Website may be discontinued at any time in Jaaims’ sole discretion, subject to any rights granted under the Jaaims User Agreement. The inclusion of any Content, features, or Services on this Website at a particular time does not imply or warrant that these items will continue to be available. Jaaims may, in our sole discretion, terminate or otherwise limit any person’s right to use or access to our Website and/or Services for any reason, or no reason, and without notice.

JAAIMS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WEBSITE, OR ANY PART OF IT, AT ANY TIME, WITHOUT NOTICE, WITHOUT INCURRING ANY LIABILITY.

Content Errors/Revisions 
Jaaims strives to provide up to date, accurate, and compete information and Content on the Website. Notwithstanding the foregoing, it is not possible to ensure that any website and its respective content is completely free of human or technological errors. The Website and Content may contain typographical and other mistakes, inaccuracies, or omissions, some of which may relate to Content use and availability, and some information may not be complete or current. Jaaims reserves the right to correct any such errors, inaccuracies or omissions, including after Content has been coupled with creator videos, but, unless otherwise agreed by us, we have no obligation to update the information on our Website. Jaaims further reserves the right to remove, change or update the Content and Website at any time without prior notice in Jaaims’ sole discretion. The Website may contain certain historical information and content that is not current and is provided for your reference only. 

No Endorsement of Links to Other Websites.
Any links to other websites provided through our Website and/or Service are provided solely as a convenience to you. The Website may provide links or references to other websites but Jaaims has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from your use and/or interaction with the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Jaaims, we do not operate, control or endorse any information, products or services on the Internet in any way. Jaaims does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to the Website or via our Services, you do so entirely at your own risk.
 

Privacy
By providing personal information to Jaaims via registration and/or the uploading of Content, or otherwise communicating with us, you agree that your personal information may be shared and processed in: i) the facilitation of Jaaims business and the provision of Services by Jaaims and any subsidiary and/or affiliate on a worldwide basis; ii) in connection with optimising user functionality and value (e.g. metrics on relevant Content use), and, iii) in situations concerning rights management, clearance and claims of copyright and other rights infringement matters. Jaaims’ Privacy Policy, which is incorporated into these Terms by reference, further describes the collection and use of information on the Website and Service.  

Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Website, Content and Services and any transactions conducted on or through the Website.
 

Limitation of Liability
Jaaims does not warrant or represent that the Website or Services will meet your requirements or that their use will be uninterrupted, timely, secure or error free. Jaaims does not warrant or represent any results or metrics may be achieved or attained by the use of our Website or Services. You expressly agree that your use, or inability to use, our Website and/or Services is undertaken at your sole risk. 

Jaaims makes no representations or warranties of any kind, whether express or implied, with respect to this Website, the Content, or the information available on or through it. THE WEBSITE, SERVICES, AND CONTENT, ARE PROVIDED TO WEBSITE USERS “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU AGREE THAT THE FULL RISK OF LOSS WITH RESPECT TO THE QUALITY, PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND CONTENT IS ASSUMED BY YOU AS A USER.


Except as otherwise provided under applicable laws, Jaaims and Jaaims’ corporate affiliates, and their respective directors, officers, employees, shareholders, partners, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of the Website, Content or any other Services, and specifically, Jaaims shall not be liable for any direct, special, incidental, indirect, or consequential, damages, costs or losses, including but not limited to damages attributed to lost profits, business interruption, or lost data or information, that result from the use or inability to use the Website, Content or the Services, even where Jaaims has been advised of the possibility of such damages, costs, or losses, whether the underlying action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. Further, you agree that the maximum aggregate liability of Jaaims for damages or otherwise, under these Terms of Use, and related in any way to your access and/or use of the Website and/or Content, shall be limited to an aggregate of one ($1) Australian dollar or the amount paid by you to us, if any, for accessing our Website or using our Services, including where we have been put on notice of the possibility of and such damages. The foregoing shall not apply to the extent prohibited by applicable law. As some legal jurisdictions prohibit the limitation or exclusion of liability for incidental or consequential damages, the above limitations, as stated, may not apply to all users. As a user of the Website, you assume complete responsibility for all Website Content and Services used and your interaction with the Website.

Indemnification
You agree to indemnify, defend and hold harmless Jaaims and its respective directors, officers, employees, shareholders, partners, agents, contractors, successors and assigns of each of its parent and affiliate entities, and their respective employees, directors, officers and agents, from and against any and all claims and expenses, including attorney’s fees arising from your use of and/or access to the Website, Content and Services, including but not limited to: i) your breach of these Terms or any other agreement entered into with Jaaims in connection with the use of the Website, Content, and Services and ii) your violation of any third party right including but not limited to copyright, trademark and privacy rights. 

Miscellaneous
By visiting this Website, you agree that the laws New South Wales, Australia, without regard to principles of conflict of laws, will govern the Website, these Terms, the Services, the Content, and, the Privacy Policy, and any dispute of any sort that might arise between you and Jaaims or any of our affiliates. Except where prohibited by law, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website and Services (including but not limited to the use and or licensing of Content) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New South Wales, Australia. You consent to waive all defences of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the state and federal courts of New South Wales, Australia. Any cause of action or claim you may have with respect to Jaaims, the Website, the Content, and/or Services, must be commenced within one (1) year after the claim or cause of action arises and you waive any longer statute of limitations that may be permitted by law.  These Terms may be assigned by Jaaims to any third party without limitation. 

Severability; Non-waiver
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions. Jaaims’ failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of these Terms, will not constitute a waiver of Jaaims’ right to exercise such rights or remedies or enforce such provision or any other provisions of the Terms in that or any other instance. Any waiver of any provision of the Terms by Jaaims must be made in writing and signed by an authorised representative of Jaaims specifically referencing the Terms and the provision to be waived.


Entire Agreement 
The Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. Notwithstanding the foregoing, these Terms are in addition to, and do not nullify, the terms of your agreement of your User Agreement, under said prior referenced Jaaims User Agreement respectively. In the case of any direct conflict between these Terms and the Jaaims User Agreement the provisions of such other agreements, where entered into by you, shall control but only to extent applicable to the conflicting provisions. Paragraph headings in this Agreement are included solely for the convenience of the parties and shall not be deemed to describe, limit, modify or in any way affect the scope or interpretation of the paragraph themselves.

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