a.) These terms and conditions (Terms) govern your use of the Trade Clique software application for use with compatible smartphone and tablet devices (the App), your use of www.tradeclique.com (Website) and the provision of any associated services (Services) from Trade Clique Pty Ltd (ACN 609 162 772) trading as Trade Clique (us/we).
b.) By using the App and/or the Website and/or the Services you agree to be bound by the Terms. Any disregard by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the App, the Website or the Services. The Terms constitute the entirety of the terms and conditions of use with respect to the App, the Website and the Services unless otherwise expressly allowed for in writing by us.
c.) We reserve the right to vary any of the Terms, or any other policy or guideline regarding the App, the Website or the Services, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the App and the Website. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the App, the Website and the Services periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the App, the Website and/or the Services constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the App, the Website or the Services.
By using the App, the Website and/or the Services, you, at all times:
a.) warrant that your use of the App, the Website and/or the Services do not violate any applicable laws and/or any other requirements;
b.) confirm that you have elected to use the App, the Website and/or the Services of your own free will;
c.) acknowledge that your use of the App, the Website and/or the Services will provide access to, and interaction with, third parties and their content, messages, images, or other materials. You agree and acknowledge that we, in order to power and maintain the App, may use third party suppliers, and you agree that we are not responsible for, and release us from any liability regarding the third party supplier’s maintenance and background use of the App;
d.) agree and acknowledge that we are not in any way responsible for, and cannot be held liable for the Services that are provided to you and/or by you, and you agree to release us from any liability in this regard;
e.) will always use the App and/or the Website, in a respectful, inoffensive and courteous manner;
f.) agree to provide accurate, current and complete information about yourself as you may be prompted by any registration forms on the App, including the requirement to provide and enter your mobile phone number to receive SMS verifications and notices from us, as outlined in clause 23 below;
g.) use the App, and/or the Website, and/or the Services at your own risk;
h.) warrant that your use of the App and/or the Website and/or the Services are for your own purposes;
i.) agree and acknowledge that registration through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter”, “Pinterest” and/or “Instagram” (Social Media) will allow us to have access to your Social Media content, including the connections you may have with other people on Social Media, subject to any content that is private and/or limited to that specific Social Media application;
k.) agree that, in the event that an account is created under the name of a corporate entity, which may occur when the corporate entity registers through their company mobile phone number or as a general user authorised on behalf of their company. The person registering on behalf of the corporate entity becomes the authorised agent of such corporate entity, and hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.
3. User Profile
a.) In order to use the App and/or the Website you will create one individual account on the App by entering your mobile number, which will be verified by SMS (short message service) and will allow you to interact with and/or use and/or provide the Services (User Profile).
b.) Using the App in accordance with these terms and conditions will allow you to have access to the Services and will allow you to purchase the Services and/or provide the Services. The App will also allow you to share your Social Media when using the App, including but not limited to sharing your photos with other users, provided that you agree to us reproducing such photos, on a perpetual and royalty free basis, and obtaining access to your Social Media connections and location;
c.)Your User Profile is not transferrable to any other entity or person. You are the sole owner of your User Profile and only you can retain, access and use your User Profile. Your User Profile is your full responsibility and you must keep your User Profile in good, proper and fit-for-use condition.
d.) When you open your User Profile through the mechanisms outlined in 3(a), you will be considered, by default, as a person who rents, owns or holds legal title in a property, or otherwise requires trade services (the Default User) to be carried out to a property that you rent, own or hold legal title in or have authorised access to (the Property).
e.) Upon registering as a Default User, the User Profile has an additional registration page which allows businesses and professionals who provide Services (the Trading Professionals) to the Default Users. The additional registration page will allow Trading Professionals to outline the Services you provide, and/or want to provide to the Default User. Registration as a Trading Professional does not limit a Trading Professional to providing Services to a Default User, but allows a Trading Professional to both apply for the Services of other Trading Professionals, and connect with other Trading Professionals and Default Users on the App and/or the Website.
f.) If you register as a Trading Professional, you are encouraged to insert all your business qualifications, insurances, and other such relevant information. You will be held liable for the information that you provide, and you must ensure that you are not providing false information or making misrepresentations as to your business, qualifications and/or the Services you may provide. You agree to act honestly and agree that we are not responsible for, and cannot be held liable for any information that you provide when registering as a Trading Professional.
4. Default User Obligations
In addition to clause 2 above, if you are a Default User, by using the App, the Website and/or the Services, you, at all times:
a.) warrant that you own or rent, or have authorised access to the Property when applying for, and using the Services;
b.) agree and acknowledge that we facilitate the Services, in that we obtain the information from your smartphone and/or tablet device regarding the Services you require or may require, along with using your Social Media to determine who other Default Users within your Social Media network or location, use as Trading Professionals, and we collate this information to recommend Trading Professionals to you, and allow you to apply for the Services through our App. You acknowledge that any recommendations that we make are suggestions only and we make no warranty of any kind in relation to these suggestions and/or the Services. You release us from all liability and agree to indemnify us in this respect;
c.) we are entitled to, at our sole discretion, continue or discontinue recommending you to certain Services, and we are entitled to, at our sole discretion, to determine which Services we may offer on our App. For a full list of the Services please refer to the Website and/or the App; we note that this list is subject to change and it is your responsibility to ensure that you keep yourself updated in this regard by visiting and reviewing the list on the Website and/or the App;
d.) agree and acknowledge that we are not responsible nor liable for any Trading Professional’s obligations to you, and that your use of the Trading Professional’s Services are at your own risk; you agree that we are not responsible for, and you release us from liability regarding the Trading Professional’s obligations and duties towards you and the Services that they conduct on the Property. We are not in any way liable for the Trading Professional nor the Services that they provide;
e.) agree and acknowledge that we are not responsible for, and you release us from all liability arising if the Trading Professional has caused damage or loss, whether substantial or nominal, to the Property;
f.) agree and acknowledge that any disputes you may have regarding the Services, must be communicated with the Trading Professional directly, and you agree that we are in no way liable for any disputes that you may have with the Trading Professional; and
g.) agree and acknowledge that it is your responsibility to ensure that the Trading Professional has a current trading licence, current insurance and that they are licensed and qualified to carry out the Services that you require. You agree that we are not responsible for, and release us from any liability arising from, any Trading Professional who carries out Services without a valid and current licence, or any person who passes off as a Trading Professional but has no qualifications and does not hold a valid and current licence. You agree and acknowledge that we do not conduct licence checks, and you agree to release us from all liability in this regard; you agree to and acknowledge that it is your responsibility to verify the Trading Professional’s licences and qualifications prior to obtaining the Services.
5. Trading Professional Obligations
In addition to your obligations under clause 2 and as a Default User, you agree that by becoming a Trading Professional, you must, at all times:
a.) warrant that you have obtained and hold, at all times, a current and valid trading licence, which you agree to be responsible and liable for, and you agree to ensure that the licence fulfils all the legislative requirements and any relevant industry standards. If you do not hold a current and valid trading licence, you will be suspended or removed from the Trading Professionals list on the App and the Website. We may, at any time consider and rely upon any communication given to us by a Default User regarding any concerns a Default User may have relating to the validity of a Trading Professional’s licence, following which we may investigate such matters further, and you may be suspended or removed if we find that your licence is not valid. We do not accept any liability in relation to doing so and we are not responsible for verifying your licence details;
b.) agree and acknowledge that your trading licence is your sole responsibility and you agree to release us from any liability that may arise from your trading licence;
c.) warrant that through the App, you will be exposed to Default Users and other Trading Professionals who may apply to use your Services for their Property, or may request to work with you on particular Properties, and/or you may contact other Trading Professionals to apply for their Services;
d.) agree and acknowledge that we facilitate the Services, in that we obtain the information from your smartphone and/or tablet device regarding the Services that you have registered to provide, which you may edit in your User Profile, and you acknowledge that we may use your Social Media content and the information that you provide on the App and/or the Website in order to recommend Default Users and/or other Trading Professionals to you. You acknowledge that any recommendations that we make are suggestions only and we make no warranty of any kind in relation to these suggestions. You release us from all liability and agree to indemnify us in this respect;
e.) agree and acknowledge that we are not responsible nor liable for any Default User’s and/or Trading Professional’s obligations to you, and that your use of the App and/or the Services you provide to the Default User and/or the Trading Professional, are at your own risk; you release us from any liability regarding the Default User’s and/or Trading Professional’s obligations and duties to you, including but not limited to the Default User’s failure to pay for the Services;
f.) and acknowledge that we are not responsible for, and you release us from all liability arising if the Trading Professional with which you are providing Services in connection with, has caused damage or loss, whether substantial or nominal, to the Default User’s Property;
g.) and acknowledge that any disputes you may have regarding the Services must be communicated and considered with the Default User and/or the Trading Professional and/or their authorised entity directly, and you agree that we are in no way liable for any disputes that you may have with the these entities;
h.) agree and acknowledge that you are fully responsible to the Default User and/or the Trading Professional for the Services that you provide to the Property and that we cannot be held liable for any of your actions or failures when carrying out the Services; and
i.) agree and acknowledge that it is your responsibility to ensure that the Default User is the legal owner of the Property, or has the express authority to apply for the Services to the Property. You agree that we are not responsible for, and release us from any liability arising from, any person who applies for Services to the Property without being the Default user or being authorised to do so by the Default User.
6. The App
a.) Using the App in accordance with these terms and conditions will allow you to have access to the Services and will allow you, whether you are a Default User or Trading Professional, to call, SMS or email Trading Professionals.
b.) You must download the App from the appropriate application store on your smartphone or tablet device, and you will be required to update the App from time to time, in order to ensure that you have a current and working version.
c.) The App may access information regarding your location when the App is in use by means of the Google API and the App may access information regarding your previous activity and location on the App. The App may use the information regarding your location to offer location relevant information to you, including but not limited to which Services are available and who may provide them to you. This location is stored in your User Profile, and you may, at your discretion choose to provide different locations at any time.
d.) The App may send you push notifications, which are notification alerts that arise on your smartphone or tablet device (Push Notifications) or in App notifications. The Push Notifications provide alerts including but not limited to, updates on the date and time that you are receiving or providing the Service, what marketing proposals we provide you with, advertisements and/or information that a Trading Professional and/or Default User may send directly to you, what rewards you may be eligible for, and any other notifications which we deem appropriate in our sole discretion, for your use. You may choose to disable the Push Notification function in the settings of your smartphone or tablet device, however, we take no responsibility for, and you release us from any liability in regards to, your failure to receive notifications from us, as a result of your actions in disabling the Push Notifications.
You agree and acknowledge that:
a.) no representations have been made as to the fitness or suitability of the Services for any purpose, including but not limited to the Property which the Services were provided to; and
b.) you have not made any representations to us regarding the purpose for which you intend to use the (b) Services and/or the purpose for which you intend to provide the Services.
9. Your Content
Your use of the App and/or the Website and/or any other digital platforms associated with the App and/or the Website or us, may enable you to create, view, edit, post, transmit and/or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, Social Media and/or other materials (collectively, Your Content). You retain ownership rights in Your Content, unless we indicate otherwise, in our absolute discretion. You hereby:
a.) grant us and our Related Entities (as defined in the Corporations Act 2001 (Cth)) a non-exclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sublicensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of Your Content in any media, now known or hereafter devised;
b.) acknowledge that we have the absolute discretion to delete, edit, modify or reject Your Content at any time;
c.) acknowledge that we have no obligation to maintain any confidentiality in relation to Your Content, to offer you any payment in any form in relation to Your Content, or to attribute any authorship to you in relation to Your Content;
d.) grant us and our Related Entities (as defined above) and sublicensees the right to use the name that you submit in connection with Your Content, if we so elect in our absolute discretion;
e.) represent and warrant that:
(i) you own and control all of the rights to Your Content that you have the lawful right to post or otherwise distribute to or through the App and/or the Website;
(ii) Your Content is accurate and not misleading; and
(iii) your use and/or transmission of Your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity,
f.) grant us the right to pursue at law any person or entity that violates your or our rights in Your Content by a breach of these Terms;
g.) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content;
h.) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights;
i.) agree that we may use Your Content, in whole or in part, for our own commercial purposes;
j.) acknowledge that certain third party suppliers may access encrypted and anonymous information associated with you, as a consequence of your use of the App and/or the Website, for the purposes of setting up your User Profile, including but not limited to your mobile phone number, mobile application data, non-precise location information and other non-precise information; and
k.) acknowledge that the third party suppliers may allow you to opt out of providing the information referred to in 13(j), subject to the third party supplier’s own terms and conditions, and you release us from any liability regarding the third party supplier’s use and access to the information referred to in 13(j).
When accessing or using the App and/or the Website, you must not, at any time:
a.) use the App and/or the Website for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
b.) use the App and/or the Website in any way that could damage our reputation or the goodwill or other rights associated with the Website or Our Content (as defined below);
c.) use or attempt to use another user’s account in any circumstances;
d.) harass, abuse, intimidate, bully, or otherwise offend any other user of the Website;
e.) violate any legislative, common law or equitable rights of any third parties;
f.) send any of Your Content which:
(i) contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;
(ii) impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;
(iii) encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the Australian Stock Exchange or the NASDAQ;
(iv) is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(v) contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
(vi) contains viruses, corrupted data or other harmful, disruptive or destructive files; or
(vii) in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our Related Entities or its users to any harm or liability of any type.
You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
a.) modify, discontinue, temporarily or permanently, your access to the App and/or the Website in whole or in part;
b.) assign our interests outlined in these Terms;
c.) run Advertisements and promotions on the App and/or the Website, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these Advertisements or promotions; and/or
d.) freeze or terminate your access to the App and/or the Website without prior notice to you.
12. Our Content
a.) Except as otherwise expressly indicated by us in writing, the App and/or the Website and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the App and/or the Website, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The App, the Website and all of Our Content is copyrighted - (c) 2016 Trade Clique Pty Ltd trading as Trade Clique All Rights Reserved.
b.) We own all intellectual property rights in relation to the App, the Website and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, Services, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
13. Limited Licence
We hereby grant you a non-exclusive, limited, non-sublicenseable licence to access the App, the Website and Our Content (the Limited Licence), strictly in accordance with these Terms. This Limited Licence is revocable at any time by us in our sole discretion. In using this Limited Licence, you must not:
a.) use Our Content other than for its intended purpose;
b.) distribute or display Our Content without our prior permission;
c.) modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
d.) use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
e.) use Our Content for any commercial use; or
f.) copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the App and/or the Website, including all page headers, custom graphics, button icons and scripts.
g.) To request permission for uses of Content not included in the Limited Licence, you must contact us by email to:
Website and/or the Website Administrator of Trade Clique:
14. Copyright Complaint Policy
a.) Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address email@example.com.
b.) We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.
15. Repeat Infringer Policy
In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the App and/or the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the Limited Licence contained in these Terms immediately and without notice to you.
17. Warranty Disclaimer
a.) Except as expressly provided to the contrary in writing by us, or the App or the Website, the materials contained therein and the Services are provided on an "as is" basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Services, content and materials on the App and/or the Website. We do not represent or warrant that materials in the App or the Website are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the App and/or the Website and/or the Services, and/or any portion thereof.
b.) We are not responsible for typographical errors or omissions relating to the Services, availability, pricing, text or imagery. In the event that any information displayed on the App, the Website or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, features or other information, you agree that we may fix the error at our discretion.
c.) While we attempt to make your access to and use of the App and/or the Website safe, we cannot and do not represent or warrant that the App and/or the Website or its server(s) are free of viruses or other harmful components, or that defects will be corrected; therefore, you should use industryrecognised Website browsers and/or the App software to detect and disinfect viruses from any download or use of the App and/or the Website.
d.) We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third party suppliers. We are not responsible for any entity that claims to be authorised on our behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.
e.) We do not make any warranties as to the information or representations made by you or any Default User and/or any Trading Professional. We are not responsible for, and will not be held liable for, any misrepresentations or false information that any user provides to you. However, if you notify us by sending an email to firstname.lastname@example.org, of any concerns you may have regarding another Default User or Trading Professional and the information or representations that they have made to you, we may, at our discretion, investigate the contents of your email and the misinformation and misrepresentations outlined.
18. Information Disclaimer
All of Our Content, including but not limited to the information relating to Services and recommendation, is provided in summary form and is in no way intended to constitute advice as to which Default User and/or Trading Professional you should proceed with. Before relying upon this information or using any Service, you must first consider whether the Service is suitable to you. We are not liable for any losses, costs or damages of any kind that are incurred as a result of a violation in these Terms.
19. Limitation Of Liability
a.) We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Website, to the App and the Services, except for the Statutory Rights.
b.) You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our Related Entities, or their respective directors, officers, employees or agents arising out of or in any way relating to your purchase of the Services, your use of the Website and the App, Our Content or the materials contained in or accessible through the Website or the App, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Website and/or the Website content, and/or the App and/or the App content or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the App and/or the Website. You use the App and/or the Website at your own risk and proceed with the Services at your own risk.
c.) Without limitation of the foregoing, neither us nor our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase of Services, the use of the App and/or the Website, the content or the materials contained in or accessible through the Website, including without limitation any damages caused by or resulting from your reliance on any of our content or other information obtained from us or accessible via the Website, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.
d.) In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the App and/or the Website exceed any amount that you pay to us, if any, for the Services.
e.) We take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.
f.) We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, that may result from your use of our App or our Website. We take no responsibility and assume no liability for any Services that are either provided to you, or by you.
g.) We take no responsibility and assume no liability for any Services, Advertisements, In-App Purchases, content or communication that you may receive from any third party supplier.
You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.
21. Applicable Law And Venue
The App and the Website (excluding third party Website) are hosted by us. The App and the Website are accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the App or the Website will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the App and/or the Website from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that we have the right to send you certain information in connection with the App, the Website and/or the Services. We may send you this and any other information in SMS to the mobile number you provided for Your User Profile, or we may send you an e-mail to the address you provided for Your User Profile, or we may send Push Notifications to the App. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the App. Notices provided to you via SMS, e-mail and/or Push Notifications will be deemed given and received on the transmission date of the SMS, e-mail and the Push Notification. As long as you access and use the App, you agree that you will have, or have access to, the necessary App and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the App.
You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.
25. Questions And Comments
If you have any questions regarding these Terms, the Services or your use of the App or the Website, please submit them to us, using the email address, email@example.com.