Application and Website — terms of access
Terms of access to the Application and Website (Terms of Access)
This application in relation to JEJO (referred to in these Terms of Access collectively as the Application) and all information, products and services on the Application are owned and operated by Neuro2Flow Pty Ltd ACN 656 724 319, who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.
The material on the Application is copyright © 2022 Neuro2Flow Pty Ltd ACN 656 724 319 or other copyright owners.
The Application is available for you to:
- Access, conditional on your acceptance without alteration of the terms and conditions set out below.
By continuing to access the Application you are agreeing to these Terms of Access.
- Upload material or information conditional on your acceptance without alteration of the terms and conditions set out below.
By continuing to provide upload material or information about your product or service you are agreeing to the Terms of Use related to uploading material or information to our Application.
This is a legally binding agreement and if you do not agree to all of the terms contained in these terms of use and the terms of the agreement, you should not use the Application.
The Application delivers JEJO, which delivers concentration and focus/attention enhancing audio programming, which is accessible via mobile app technology or API that is integrated into 3rd party technology (Service). It may include either or both a free ad-supported service and a subscription service. You agree to pay the fee notified to you from time to time (Subscription Fee) in return for personal use of the Application and the Service.
OPERATIVE PROVISIONS
- Use of material on the Application
- Generally
- Except for the limited use set out in clause 1.1(b) you may not use the Application, or the material or content contained on it, for any purpose. This involves:
- the reproduction of the material or content in any material form;
- the distribution of the material or content in any material form;
- re-transmission of the material or content by any medium of communication; and
- uploading or reposting the material or content to any other site on the Internet.
- Except for the limited use set out in clause 1.1(b) you may not use the Application, or the material or content contained on it, for any purpose. This involves:
- Generally
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
- Despite the above restrictions on use of the material and content on the Application, in return for the payment of the Subscription Fee you will have a licence to personal use of the Application for your personal non-commercial use to listen to content provided via the Service and on the Application, subject to the conditions contained in these Terms of Access.
- You may not modify or copy:
- the layout of the Application; or
- any computer software and code contained within the Application.
- We reserve all intellectual property rights, including, but not limited to, copyright in material, content or services provided by it. The material and content provided on the Application is provided for personal (non-commercial) use only and may not be:
- re-sold or re-distributed;
- reproduced, copied or edited;
- broadcast or performed publicly;
- stored in any storage media;
- shared or loaned;
- re-transmitted in any media;
- used in any way that may damage Our reputation or violate or infringe anyone’s intellectual property rights,
without our prior written consent, which may be withheld at our sole discretion. You agree not to, or to attempt to, or to encourage or assist a third party to or attempt to violate, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the components of the Application or Service, including those components that are used to administer the Service or the Application.
- Links to other websites
- This Application contains links to sites on the Internet owned and operated by third parties and which are not under our control.
- In relation to the other sites on the Internet, which are linked to the Application, we:
- provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
- is not responsible for the material contained on those linked sites.
- Disclaimer 1
- You agree that your use of the Application, Service and all content and material is entirely at your own risk to the full extent permissible by the governing law.
- You acknowledge that there is a risk that the use of the Application or Service, particularly
- We expressly disclaim all warranties express, statutory, implied or otherwise, including without limitation, warranties of merchantability, quality, fitness for a particular purpose, non-infringement of proprietary rights, security, reliability, timeliness, accuracy and performance and any warranties that the Application will be free from viruses or other harmful components or that the Service or Application will be uninterrupted or error free.
- You agree that you will not, and will not be entitled to, make any claim for loss or damage arising in respect of any warranties howsoever arising.
- Disclaimer 2
- We are making the Application available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Application or linked sites on the Internet.
- To the full extent permitted by law we disclaim all warranties, express or implied, regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website, the Application or of any linked sites; and
- merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.
- We do not warrant that the Application will operate error free or that the Application and its server are free of computer viruses or other harmful mechanisms. If your use of our Application results in the need for servicing or replacing equipment or data, Neuro2Flow Pty Ltd ACN 656 724 319 is not responsible for any of those costs.
- We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the Application or any of the linked websites; and
- using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Application or any linked sites.
- Disclaimer 3
- We do not warrant, guarantee or make any representation that:
- the Application, or the server that makes the site available on the Internet are free of software viruses;
- the functions contained in any software contained on the Application will operate uninterrupted or are error-free; and
- any errors and defects in the Application will be corrected.
- We are not liable to you for:
- errors or omissions in the Application, or linked sites on the Internet;
- delays to, interruptions of or cessation of the services provided in the Application, or linked sites;
- defamatory, offensive or illegal conduct of any user of the Application; and
- content on any third party websites, whether or not linked with the Application in any way.
- We do not warrant, guarantee or make any representation that:
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
- You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Application.
- Limitation of liability
- Clause 1.3 (disclaimer 1), 1.5 (disclaimer 2) and 1.5 (Disclaimer 3) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited and capped, at our choice, to one or more of the following:
- if the breach of an implied warranty or condition relates to services, including the provision of the Service through the Application:
- the supply of the services again; or
- the payment of the cost of having the services supplied again, being the amount of the Subscription Fee for the current period; and
- if the breach of an implied warranty or condition relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
- In accessing this Application, you release Neuro2Flow Pty Ltd ACN 656 724 319 and its related bodies corporate, respective directors, officers, employees, shareholders, agents and consultants (those “Indemnified”) from any claim relating in any way to your use of this Application and you indemnify those Indemnified from and against all actions, proceedings, claims and demands against any of those Indemnified by a party claiming loss or damage as a result of your acting other than in accordance with these Terms of Access.
- Where Our liability cannot be excluded, You acknowledge and agree that the aggregate liability of Neuro2Flow Pty Ltd ACN 656 724 319 for all claims arising in any way from this Application either jointly or severally is limited to (AUD) $1.00.
- You agree that We and any content owner, including all directors, officers, employees, agents, contractors, related bodies companies or affiliates will not be liable for any indirect, incidental punitive, special consequential or exemplary damages arising in any way from the use of, or in connection with, the Service or the Application, including without limitation any content, information, materials or products made available to you through the Service or the Application.
- if the breach of an implied warranty or condition relates to services, including the provision of the Service through the Application:
- Use of personal information gathered
- We and any people or legal entities authorised by us may gather and process the personal information:
- which you may provide when accessing the Application, such as your name, address, e-mail address and other personal information about you; and
- regarding the way in which you use the Application including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Application.
- We may authorise others to offer you goods and services using the information acquired, as described in clause 1.7(a).
- We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.
- We and any people or legal entities authorised by us may gather and process the personal information:
- Change, suspension or termination of access
- Clause 1.3 (disclaimer 1), 1.5 (disclaimer 2) and 1.5 (Disclaimer 3) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited and capped, at our choice, to one or more of the following:
We may do any of the following at any time without giving any notice, explanation or justification:
- change;
- suspend;
- remove;
- terminate;
- limit; or
- disable,
access to the Application or Service, or any part thereof including any particular product, content or material and we have no liability to You whatsoever, including without limitation, for any costs losses or damages of any kind, arising because of such action.
- Alteration of Terms of Access
We reserve the right to change these Terms of Access:
- with or without further notice to you; and
- without giving you any explanation or justification for such change.
- Intellectual property rights
- All logos, icons, brand names or service names that identifying the owner and operator of this Application are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Application are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this Application. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
- You are not permitted to reproduce, copy, charge and fee for the use of or redistribute for commercial purposes any of the materials or design elements of the Application directly relating to Neuro2Flow Pty Ltd ACN 656 724 319. Commercial use of any of the material relating to the Application is strictly prohibited unless with the express written consent of Neuro2Flow Pty Ltd ACN 656 724 319.
- Release and Indemnity
- You agree to indemnify Us and any content owner and our respective directors, officers, agents, employees, related bodies corporate or affiliates, from any claim or demand howsoever occurring, including reasonable legal fees, made by any third party due to or arising out of or in any way connected with Your use of the Application or Service, Your violation of these Terms of Access, Your violation of any other rights, including any intellectual property rights, any action taken by Us or any third parties as part of an investigation of a suspected violation of these Terms of Access or as a result of Our finding or decision that a violation of these Terms of Access has occurred.
- You hereby release, and waive any right to sue or recover any damages from Us, and any content owners and the respective directors, officers, agents, employees, related bodies corporate or affiliates of those parties arising from any claim or demand or in any way connected with the use of the Application or Service, Your violation of these Terms of Access, Your violation of any other rights, including any intellectual property rights, any action taken by Us or any third parties as part of an investigation of a suspected violation of these Terms of Access or as a result of Our finding or decision that a violation of these Terms of Access has occurred.
- Relevant jurisdiction
- If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms of Access will be governed by and interpreted in accordance with the law of the Commonwealth of Australia and the State of New South Wales, without giving effect to any principles of conflicts of laws.
- You agree, and irrevocably and unconditionally submit, to the exclusive jurisdiction of the courts of the Commonwealth of Australia and the State of New South Wales to determine any dispute arising out of these Terms of Access and waive any right You have to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.
- Terms of use relating to you uploading information to our Application (Terms of Use)
This application (referred to in these Terms of Use as the Application) is owned and operated by Neuro2Flow Pty Ltd ACN 656 724 319, who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms.
- Uploading information
You represent and warrant in relation to any material or information you provide to the Application that:
- you are authorised to provide the material or information;
- the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
- the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
- the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Application.
- Licence to use intellectual property
By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (Intellectual Property) on to the Application, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:
- reproduce, use and exploit the Intellectual Property, as part of the Application, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Application is available to users; and
- allow us to sub-licence others the same rights granted to us in clause 2.2(a) above.
- Removal of information
In relation to any material or information included on the Application, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.
- Limit of liability
- To the fullest extent permitted by law, in no event will We or the content owners, or Our respective directors, officers, agents, employees, related bodies corporate or affiliates be liable to you (or any third party making claims through you) for any loss or damage whatsoever, including but not limited to any direct, incidental, consequential, indirect, special or punitive damages or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, unauthorised access to and tampering with your personal information or transmissions arising out of or related to access to or use, unauthorised use, performance or non-performance of any content of any website or websites “hot-linked” to the Application or any computer related damages due to downloading materials, typographical errors and/or omissions.
- We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
- in relation to or in connection with any material or information supplied in respect of advertising on this Application; and
- as a consequence of removing any material or information from this Application.
- Indemnity
At all times You indemnify us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
- any matter in connection with the use of the Application or the Services;
- any breach of these Terms of Use by you; and
- publication of or distribution of the material or information supplied by you.
- Use of personal information gathered
- We and any people or legal entities authorised by us may gather and process the personal information:
- which you may provide when accessing the Application, such as your name, address, e-mail address and other personal information about you; and
- regarding the way in which you use the Application including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Application.
- We may authorise others to offer you goods and services using the information acquired, as described in clause 1.7(a).
- We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.
- We and any people or legal entities authorised by us may gather and process the personal information:
- Intellectual property rights
- All logos, icons, brand names or service names that identifying the owner and operator of this Application are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Application are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Application. Any unauthorized use of the materials appearing on this Application may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
- You are not permitted to reproduce, copy, charge and fee for the use of or redistribute for commercial purposes any of the materials or design elements of the Application directly relating to Neuro2Flow Pty Ltd ACN 656 724 319. Commercial use of any of the material relating to the Application is strictly prohibited unless with the express written consent of Neuro2Flow Pty Ltd ACN 656 724 319.
- Relevant jurisdiction
- If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms of Use will be governed by and interpreted in accordance with the laws of the Commonwealth of Australia and the State of New South Wales, without giving effect to any principles of conflicts of laws.
- You agree, and irrevocably and unconditionally submit, to the exclusive jurisdiction of the courts of the Commonwealth of Australia and the State of New South Wales to determine any dispute arising out of these Terms of Access and waive any right You have to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.