Scale App Pty Ltd

Website Terms and Conditions

Scale App Pty Ltd (ACN 670 421 459) (Scale App, we, our or us) operates and controls this Website in accordance with these terms and conditions, including any annexure or addendum to them (Terms).

By using the Website you agree to be bound by the Terms and our Privacy Policy, as amended from time to time. If you disagree with these Terms, you must not use or seek to use the Website.

1. General Terms of Use

1. You will not, and you will not permit any other person to:

1. use or access the Website in a way that infringes our intellectual property rights or the intellectual property rights of any other person;

2. use or access the Website in a way that breaches a term of an agreement between you and a third party;

3. use any anonymous network or protocol to access the Website; 

4. use any method or process to consolidate or combine the Website with any other content, data, information, image or material;

5. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, content, formulas or processes used by the Website;

6. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website for any period of time;

7. knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software to the Website;

8. do anything which will or may place an unreasonable load on the infrastructure of the Website;

9. post, distribute or send any ‘spamming’ material or any other form of bulk communication on or via the Website;

10. use the Website to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Website;

11. impersonate any person or entity;

12. use the Website for any unlawful purpose;

13. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Website;

14. otherwise use the Website for any purpose that may harm Scale App’s reputation or the reputation of its related entities;

15. act upon a communication or notice if you are uncertain or suspicious about its authenticity.

2. We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.  

2. No Guarantee

1. We take reasonable steps to ensure we can deliver the Website effectively, reliably and securely. However, we do not warrant, guarantee or represent that:

1. the Website will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;

2. there will be operational stability, availability or continuation of the Website;

3. the Website is safe from hacking;

4. your use of the Website will not infringe the rights of any third party.

2. In addition, the Website may be suspended or discontinued in our sole discretion, and may be inaccessible at times due to:

1. down-time and/or maintenance of the Website by us or by third party service providers;

2. outages to the internet, networks or servers;

3. equipment failure, including the failure of third-party systems; or

4. other events outside of our control. 

3. You acknowledge that we have not made any warranty that the Website will be error free, and we are not required to notify you of any malfunction in the Website, or if any service or content is limited, restricted or ceases.

4. Nothing on the Website is intended to be, or should be taken as, financial, real estate, legal, taxation or accounting advice. You should seek your own professional advice as needed.

3. Access and Security

1. We will not be liable in the event that the Website is unavailable to you for any reason.

2. We reserve the right at any time to deny or terminate all or part of your access to the Website where in our opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms.

3. If we issue you with a username and password enabling you to access special features on our Website you must keep these details confidential.

4. Intellectual Property Rights

1. You acknowledge that Scale App and its related entities are the owners and/or authorised users of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated.  All information, text, material, graphics, software and advertisements on the Website are our copyright and that of our suppliers and licensors unless expressly indicated otherwise by us.

2. Except as provided in the Terms, use of the Website does not grant you any right, title, interest or license to any such intellectual property you may access on the Website.  We own the rights, or have permission to use, the trademarks listed on our Website.

3. We may authorise you to disseminate content from our Website if you contact us and we agree in writing. 

5. Can you link to our Website?

1. You are welcome to link to our Website as long as you observe the following conditions:

1. you present the links in a way which fairly and accurately represents us. The link(s) must not cause us embarrassment;

2. the context of the link must not suggest that we endorse you in any way, or have any connection with your site; and

3. the context of the link must not suggest that we have created any of your content.

6. Use of contact details

1. The publication on our Website of any person’s contact details does not constitute implied or express consent by us or the person to receive unsolicited commercial electronic messages or spam.

7. Disclaimer and limitation of liability

1. Except as otherwise provided for in these Terms and as required by law, the liability of Scale App and its related entities, directors, officers and agents, our affiliates or service providers, and any of our or their respective officers, directors, agents, employees or representatives, is limited to an aggregate of all claims of the value of 12 months’ subscription fees for the Scale App mobile application. 

2. You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of these Terms or other legal wrong, and that any liability (however arising) we may have to you is limited in accordance with these Terms.

3. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. 

4. We are not liable for any breach of these Terms where the breach is due to acts, events omissions or accidents beyond our control, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.

5. The Website may contain advertisements and hyperlinks to other websites (Linked Websites).  Those links do not form part of the Website and we are not responsible for the content or practices associated with Linked Websites. We make no warranty as to the accuracy or reliability of the information contained on any Linked Websites, and we are not liable to you for any loss or damage caused by use of the Linked Websites.

6. The limitation of liability in these Terms is subject to any obligations that we have under applicable law and regulation which by law we cannot exclude.

8. Indemnification

1. You indemnify Scale App and each of its directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an Indemnitee) against all liabilities, claims, losses and expenses (Losses) which may be incurred or suffered by the Indemnitees directly or indirectly arising out of your failure to comply with these Terms. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses. This indemnity will not apply to the extent that Losses were incurred or suffered by an Indemnitee due to the fraud or wilful default of Scale App.

2. We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity conferred by these Terms.

9.  Confidentiality and Privacy

1. In the course of your use of the Website, you may be asked to provide personal information to us (User Information).

2. We will collect, use and store your personal information in accordance with our Privacy Policy (as varied from time to time).

3. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information that you provide to us.
     

10. Variation

1. Unless stated otherwise in the Terms, we may vary these Terms by providing 7 days advance notice via the Website, or by any other means, at any time. 

2. You will be taken to have accepted any changes to the Terms by continuing to use the Website 7 days after that notice is provided.

3. You acknowledge that we may vary these Terms immediately without advance notice, in order to protect the security or integrity of the Website or to comply with law or regulation or to manage a technical or system fault or error.

11. Miscellaneous 

1. We may assign all or part of our agreement with you without your consent and without notice to you. You may not assign our agreement with you without our consent.

2. These Terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales for resolution of disputes arising in relation to these Terms.

3. If any provision of these Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remainder of these terms will not be affected.

12.  Contacting Us

1. If you have any feedback, questions, or complaints, contact us via the App, by emailing accounts@scaleapp.com.au or by telephoning +61 406 460 004.

2. When you contact us, please provide us with your name, address, and any other information we may need to identify and contact you, and the issue(s) on which you have feedback, questions, or complaints.