Terms and conditions

IYARN PTY LTD TERMS & CONDITIONS

1. Contact us

(a) iYarn Pty Ltd trading as iYarn (iYarn, we, us, our) is a company incorporated in Australia, ACN 622 358 212, Level 29 Chifley Tower, 2 Chifley Square, Sydney, NSW, Australia.

(b) If you have any queries about these terms and conditions (Terms of Use), please get in touch with us by email (hello@iyarn.com.au) or post (to our registered office, addressed for the attention of the “Website Administrator”).

2. The iYarn Terms

(a) These Terms of Use set out the agreement between iYarn and you and apply whenever you visit or use our website(s) (including at the iYarn.com or app.iYarn.com domain) or (other applications/websites/downloads) (together, the Services). You should read these terms carefully and make sure that you fully understand them. Your use of the Services constitutes acceptance of these Terms of Use. If you do not agree to or understand these terms, you are not permitted to use the Services.

(b) Additional terms, such as our Privacy Policy (which, together with these Terms of Use, we shall refer to as the iYarn Terms). We will endeavour to update these whenever necessary, but cannot guarantee to do so and third party app store providers and you may have to agree to additional terms in order to download, install and/or use our mobile application(s) and or website. Our iYarn Terms will apply to any service that we provide to you.

3. Creating an account

(a) To access the Services you must create a user account with iYarn and become a “Registered User”. To become a Registered User you must provide us with certain information about you. Please refer to our Privacy Policy for more information about our collection and use of information.

(b) When you register an account with iYarn, you will have to provide a password. You must treat your password as confidential and not disclose it to any third party.

4. Use of the Services

(a) In these Terms of Use, User Content means any and all content uploaded to and/or shared, by a user of the Services, via the Services.

(b) In using the Services you understand that User Content is not pre-screened by us and we are not responsible for any such User Content. You are solely responsible for any User Content you create. The views expressed in such User Content do not represent the views or values of iYarn.

(c) You will not create any User Content which is obscene, discriminatory, threatening, offensive, defamatory, abusive, in breach of confidence or privacy, a violation or misappropriation of third party intellectual property rights or other proprietary or contractual rights, or otherwise in breach of or in violation of any applicable law, regulation or code. We reserve the right to remove, from the Services, any User Content that violates the iYarn Terms.

(d) You must not:

(i) use the Services for any commercial or non-personal purpose;

(ii) access the Services using automated means;

(iii) engage in any activities that violate these Terms of Use or any applicable laws or regulations;

(iv) provide false personal details to us in registering as a Registered User;

(v) attempt to gain access to the account of, or impersonate, a third party;

(vi) make use of the Services or act in a manner that is hateful, discriminatory or otherwise objectionable (in our sole discretion); or

(vii) do anything that could impair the proper working of any part of the Services or users’ access to the Services.

(e) You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of the iYarn Terms and that they comply with them.

5. Use of the Services by minors

(a) If you are under the age of 18, please review the iYarn Terms with a parent or guardian and ensure that you both understand them.

(b) If you are under 18 years old by registering with us you certify that your parent or guardian has expressed their consent to you becoming a Registered User.

(c) If you invite anyone who is under the age of 18 to use the Services, you agree that you will ensure that they understand the content and effect of the iYarn Terms and that they agree to abide by them.

6. Changes to the iYarn Terms

We keep the iYarn Terms under review and may change or update them from time to time. If we decide to do this, we will post such changes or updates on our website(s), and your continued use of our Services and/or access of our website(s) shall constitute acceptance of these amendments which will then be effective and will bind all future uses of the Services by you.

These Terms of Use were last updated on 9 December 2019.

7. Changes to the Services

Subject to any rights that you may have under our iYarn Terms, we reserve the right to modify, restrict your access to or terminate the Services or any part of them, whether on a temporary or permanent basis, at any time. We will try to give you notice of any material changes which we make by posting details of these on our website, and/or by emailing you if you are a Registered User.

8. Technical Requirements

You are responsible for ensuring that your system and internet connection are adequate to access and use the Services.

9. Ownership of iYarn Content and User Content

(a) We are the owner or licensee of all the existing and developed Intellectual Property Rights in the Services (the iYarn Content).

(b) In consideration of you agreeing to the iYarn Terms, we grant you a non-exclusive, limited, personal, non-transferable, non-sublicensable licence to download our mobile application(s) and use the Services and the iYarn Content to the minimum extent necessary in order for you to access and use the Services in accordance with the iYarn Terms.

(c) You must not use any of the iYarn Content for commercial purposes. Where you use any of the iYarn Content for non-commercial purposes, you must obtain our written approval and acknowledge us (or the relevant rights holder where we are licensee) as the proprietor and, where relevant, author.

(d) You may print out any content on the iYarn website for your personal use. All other use, copying or reproduction of the iYarn Content or any part of it is prohibited (except to the extent permitted by law). None of the iYarn Content or any part of it may be reproduced on any other Internet website.

(e) You warrant that you are the owner or licensee of all the User Content that you create, that such User Content does not infringe any third party intellectual property rights and that you have the authority to grant the below licence.

(f) You hereby grant us, or will procure for us, a perpetual, worldwide, non-exclusive, irrevocable, royalty-free licence to store, copy, sub-licence and otherwise use any User Content you create at our sole discretion, including by sharing such User Content with third parties in accordance with our Privacy Policy.

(g) If you wish to use any third party User Content you must obtain consent from the relevant third party rights holder.

(h) For the purpose of this section “Intellectual Property Rights” means any patent, trade mark, service mark, design right, design registration, trade name, business name, copyright, source code, rights in respect of trade secrets and other confidential information and any right or form of protection of a similar nature to any of these that may subsist anywhere in the world whether registered or unregistered and whether protected by statute or not.

10. Termination or suspension of your access to the Services

(a) Subject to our iYarn Terms, you may terminate your account and stop using the Services at any time by deleting your account at “settings>manage account”.

(b) At any time and without giving you any advance notice, we may suspend your access to the Services on account of routine, planned or emergency maintenance or upgrades to the Services or its supporting hardware and/or software. Where practicable we may post notices of any scheduled maintenance or upgrade in advance on our website.

(c) Subject to our iYarn Terms and without prejudice to any other right on our part to terminate or suspend the Services or any part thereof under the iYarn Terms, we may at any time terminate or suspend your account and/or any part of it and/or access to all or any part of the Services. If you breach any provision of the iYarn Terms, any licence granted by us to you under them shall automatically terminate. Where any such licence is terminated, you agree to immediately cease using and accessing the Services and to delete any copies of our mobile application(s) held by you.

(d) Subject to our iYarn Terms and insofar as it is possible to do so by applicable law, our liability (as well as the liability of our directors, employees or other representatives) for any loss or damage whatsoever arising from our termination or suspension of your account or access to the Services is excluded, including any loss as a result of scheduled downtime.

(e) Should you have purchased storage space or other products from iYarn please refer to our iYarn Terms as to how termination will affect you.

(f) If we terminate your account, you will not create another one without our explicit written permission.

11. Disclaimers and limitation of liability

(a) To the fullest extent permitted by applicable law and subject to our iYarn Terms:

(i) all conditions, warranties and other terms which might otherwise be implied by statute or at law or in equity are now expressly excluded and no representations, warranties or terms of any kind are made in respect of the Services, including, without limitation, warranties as to satisfactory quality, compliance with description or fitness for any particular purpose;

(ii) neither we nor any of our data providers, affiliates, licensors, suppliers, successors and assignees or their respective officers, employees, agents or contractors (each a iYarn Party):

(A) give any warranty, representation or guarantee that the Services or any feature of them will be available for any period of time, at all or uninterrupted, or free from any error, virus or other harmful components; and

(B) shall be liable to you for any loss or damage that is suffered or incurred by you in connection with the performance (or non-performance) of the Service(s) or arising from your use of, or inability to use, the Services.

(b) Our maximum aggregate liability under or in connection with these Terms of Use (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to five hundred Australian dollars ($500). This does not apply to the types of loss set out immediately below.

(c) Nothing in the iYarn Terms in any way limits our liability to you for direct or foreseeable losses you suffer as a result of our breach of the iYarn Terms, death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law (including, where relevant, your rights as a consumer).

(d) You agree to indemnify and keep indemnified on demand each iYarn Party in full for the amount of any losses, damages and reasonable costs suffered or incurred by such iYarn Party as a direct result of your use of the Services; any breach of any of your obligations, warranties, representations or undertakings under the iYarn Terms; any improper or illegal use of your account by any person(s); and/or your creation of any User Content.

(e) Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). To the extent permitted by law, we will not be liable for any indirect, incidental, special or consequential loss.

12. Linking

(a) The Services may contain links to third party websites. We are not responsible for, nor do we endorse, such third party websites or their content. If you access any third party websites linked to by the Services you do so at your own risk.

(b) Save for linking to the home page of our website(s) in a fair manner, you agree not to link to or frame any part of our website(s). You agree to remove any link to our website(s) or frame of its content immediately upon our request.

13. Miscellaneous

(a) If the whole or any part of any provision of the iYarn Terms is or becomes invalid, void or unenforceable for any reason, the affected provision(s) shall be severed from the iYarn Terms and shall in no way affect the validity or enforceability of any of the other provisions.

(b) No delay, failure or omission by us to enforce any breach of the iYarn Terms of Use shall constitute a waiver of any prior or subsequent breach by you.

(c) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that we have to you that is caused by any event, act, omission or circumstance beyond our reasonable control.

(d) You may not assign, sub-license or otherwise dispose of any of your rights under the Terms of Use. Without limiting the foregoing, this agreement is binding on you and us and on our respective successors and assignees. We may transfer, assign, charge, sub-contract or otherwise dispose of any our rights or obligations under these Terms of Use.

(e) The iYarn Terms contain the entire agreement, and supersede any previous agreement (whether oral or written), between iYarn and you in relation to the subject matter of the iYarn Terms

(f) The iYarn Terms and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, Australian law and subject to the non-exclusive jurisdiction of the Australian courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.