TERMS AND CONDITIONS
Before you use our app, we need to set out our terms and conditions of use. These terms and conditions regulate your use of the app and by using the app you acknowledge and agree that these terms and conditions are the rules of access and use of our app.
This is an agreement between you as the app user (User) and GapMash Pty Ltd ACN 603 163 640 (App Provider).
By using GapMash (App) or creating an account through the App, the User agrees to these terms of service. The App is only available to legal entities and persons who are at least eighteen years old and are capable of forming legally binding contracts.
The User acknowledges and agrees that by clicking the “Create an Account” button, or by using the App, the User is agreeing to be bound by these terms and conditions. If the User does not accept these terms and conditions in their entirety, the User may not access or use the App.
If the User agrees to these terms and conditions on behalf of an entity, the User represents and warrants that the User has the authority to bind that entity to these terms and conditions. In that event, the word “User” will refer to and apply to that entity.
The App allows Users to import their class schedule/timetable from their institution’s portal and share it with friends (Services). Under these terms and conditions, the App Provider provides the Services to Users.
If you choose to create an account through Facebook – then you are required to create an account exclusively with your own personal Facebook account. If you choose to create an account through Google – then you are required to create an account exclusively with your own personal Google account. If you choose to create an account through email – then you are required to create an account exclusively with your own personal email.
Failure to do these shall constitute a breach of these Terms of Service, which may result in immediate termination of your use. You shall not use the Services as another User that is not your own.
You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service is prohibited and, in such circumstances, you agree not to use or access the App or Services in any way.
You may not, without the express prior written permission, do any of the following while accessing or using the Services:
- Tamper with, or use non-public areas of the Services, or the computer or delivery systems of GapMash and/or its service providers
- Probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures.
- Scrape the Services, and particularly scrape Content (as defined below) from the Service
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services
From time to time the App may generate automated emails or notifications to Users, or Users will send emails and messages to one another through the App. Emails and notifications sent by the App or through the App are considered a part of the Services and are covered by these terms and conditions.
By using GapMash, you agree to let GapMash collect the timetable information from your university (and collect your Facebook email if you choose to login with Facebook)
GapMash will only use your university credentials once to import and store your timetable information, including all class details (course code, name, class location, time, teacher, type), and your program (degree) details (name of degree, and name of campus).
GapMash uses your Facebook to link your Facebook name and profile picture to your GapMash account.
We value hearing from our users, and are always interested in learning about ways we can improve GapMash. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, GapMash does not waive any rights to use similar or related Feedback previously known to GapMash or obtained from sources other than you.
We care about the security of our users and take security very seriously. We will work to the best of their ability to maintain security. While we work to protect the security of your content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures.
For extra added security, we suggest that you change your Institution’s login credentials after using the Importer.
Please notify us immediately of any compromise or unauthorised use of your account.
3 Warranty and Indemnity
The App Provider does not represent, warrant or guarantee that:
- Any User is reputable, or will act in good faith, or according to their terms of engagement;
- Any information on the App will be complete, reliable or accurate; or
- The User’s access to the App will be secure, available or uninterrupted.
The User warrants to the App Provider that the User has the full right, authority and ability to enter into these terms and conditions, and that the User will not post information to the App or use the App or the Services to do anything, or for any purpose, that is:
1. A breach of:
– the Competition and Consumer Law Act 2010 (Cth), Privacy Act 1988 (Cth) or Spam Act 2003 (Cth) or any other law which deals with commerce online; or
– the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth), Patents Act 1990 (Cth), or any other law which deals with intellectual property;
2. A breach of any law of the Commonwealth of Australia, or any state or territory of Australia which binds the User or the App Provider, including criminal, personal injury, civil liability and defamation laws; or
3. May bring the App Provider into disrepute or otherwise negatively impact on the reputation or business of the App Provider.
The User agrees to indemnify the App Provider for any loss suffered or cost incurred by the App Provider as a result of the User’s breach of the warranties given in this clause 3.
4 Limitation of liability
Information, opinions, statements and content on the App are provided for information purposes only and are not legal, financial, taxation, technical or expert advice. They must not be relied on by a User without first obtaining independent advice. The User releases the App Provider and its directors, agents or employees of any liability arising (whether directly or indirectly) out of the information provided on the App or through the App or any errors in, or omissions from information on the App. The App Provider will not be liable under any circumstances for any special, consequential, incidental, exemplary or indirect costs or damages, litigation costs, installation and removal costs, or loss of data, production or profit. The App Provider will also not be liable under any circumstances for any loss arising out of reliance on the information on or provided to the User through the App or provided to a User by another User on the App, nor any interruption, delay or impairment in the functioning, operation or availability of the App, exposure to or transmission of any computer virus, internet access difficulties in connection with the App, or malfunction in equipment or software. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified. However, to the extent permitted by law, the parties agree that any implied terms are excluded from these terms and conditions. The liability of the App Provider to any User for any claim under these terms and conditions must not exceed the lower of:
- the amount of fees received by the App Provider from the User;
- the cost of the App Provider re-supplying the Services; or
- the cost of the App Provider repairing the Services
The limitations under this clause 4 apply to any liability, arising from any cause of action whatsoever, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided in these terms and conditions fail of their essential purpose.
5 Agreement to policies
6 Term and termination
The term of these terms and conditions is from the date that the User first accesses the App or uses the Services until the agreement is terminated in accordance with this clause. The App Provider may terminate these terms and conditions at any time and for any reason by suspending, terminating, deleting or otherwise restricting the User’s access to the App or the Services. The User may terminate these terms and conditions at any time and for any reason by ceasing to access the App, or suspending, terminating, deleting or otherwise ceasing to use the Services. Unless otherwise agreed in writing, termination of these terms and conditions does not terminate any accrued rights of the parties prior to termination. Unless otherwise agreed in writing, a party must pay any amounts to another party which became due for payment under these terms and conditions prior to the date of termination.
A party must not start court proceedings (except proceedings seeking interlocutory relief) unless it has complied with clause 7. A party claiming that a dispute, difference or question arising out of these terms and conditions, including a question as to whether certain services are in scope or not, has arisen (Dispute) must give the other party notice of the details of the Dispute (Dispute Notice). When a Dispute Notice is given, the parties must refer the Dispute to the Chief Executive Officers, Managing Directors or other senior officers of each party for discussion and negotiation. If the parties cannot resolve a Dispute in accordance with this escalation procedure, either party may commence court proceedings. The parties must continue to perform their respective obligations under these terms and conditions pending the resolution of a Dispute. Each party must pay its own costs of complying with this clause 7.
Any notice, demand, consent, approval or communication under these terms and conditions must be in writing, in English and sent via our methods to contact us, or to the User’s email address provided.
9 Third party links and advertising
The App may display advertisements, which may or may not contain hyperlinks or buttons which take the User to Apps operated by third parties. The App Provider does not endorse or recommend its advertisers, their products or services, or the information, products or services of any App linked to the App. If the User contacts a third party through the App, including via email, The App Provider accepts no responsibility for any actions taken by that third party in connection with the User as user of that third party’s services. Any interactions with a third party App are not part of the App or included in the Services.
From time to time, the App Provider may post updated terms and conditions to the App. Those updated terms and conditions will apply to all use of the App from the time of posting onwards, and continuing use of the App will be taken to constitute agreement to the revised terms and conditions. Otherwise these terms and conditions may be altered only in writing signed by each party. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. Except where these terms and conditions expressly state otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under these terms and conditions. Neither party may assign its rights or obligations under these terms and conditions without the prior written consent of the other party which may not be unreasonably withheld. Any assignment will only be effective if it is made by way of a deed of assignment and assumption between the assigning party, the continuing party and the incoming party. A term or part of a term of these terms and conditions that is illegal or unenforceable may be severed from these terms and conditions and the remaining terms or parts of the term of these terms and conditions continue in force. Any indemnity or any obligation of confidence under these terms and conditions is independent and survives termination of these terms and conditions. Any other term by its nature intended to survive termination of these terms and conditions survives termination of these terms and conditions. These terms and conditions constitute the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on the subject matter. Except where these terms and conditions expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties. Unless otherwise stated, the rights, powers and remedies provided in these terms and conditions are in addition to and not exclusive of the rights, powers and remedies given by law independently of these terms and conditions. If force majeure prevents a party from fully or partly performing any obligation under these terms and conditions (except an obligation to pay money), the affected party’s obligation to perform that obligation is suspended while the force majeure continues. These terms and conditions are governed by the law of the State of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
In these terms and conditions, except where the context otherwise requires:
- the singular includes the plural and vice versa, and a gender includes other genders;
- another grammatical form of a defined word or expression has a corresponding meaning;
- a reference to a clause or schedule is to a clause of, or schedule to, these terms and conditions, and a reference to these terms and conditions includes any schedule;
- a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- a reference to dollars, $ is to Australian currency;
- a reference to a party is to a party to these terms and conditions, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
- a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
- any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these terms and conditions or any part of it.
Headings are for ease of reference only and do not affect interpretation.