Rawsters Mobile App Terms & Conditions

RAWSTERS Mobile App
Terms & Conditions

Version 1.0 – last revision: 02 February 2018

 

These Terms & Conditions (as defined below) will apply to any use of the Service (as defined below). If you click the Finish button upon your registration for the Service and/or if you make any use of the Service, you agree to be bound by these Terms & Conditions and to qualify as a User (as defined below). By accepting these Terms & Conditions, you agree upon a valid and binding agreement with Rawsters. Please read these Terms & Conditions carefully so that you know what your rights and obligations are when using the Service. These Terms & Conditions are available for download and print at http://www.coffeevanwa.com.au/Rawsters_EULA/

 

Article 1          Definitions

1.1 In these Terms & Conditions the following terms, when capitalized, and whether used in the single or the plural, will have the following meaning:

a. Account: the account, being an online section within the Service, made available to the User by Rawsters upon registration for the Service. The Account (a) can be used by the User to manage and configure (i) its settings for use of the Service, (ii) its Personal Data, and (b) is necessary to have access to and to make use of the Service;

b. Agreement: the agreement between Rawsters and the User for access to and use of the Service;

c. App: The application through which the User utilizes the Service as further described on the Website and/or in the Service;

d. Rawsters: The Service and Websites of Rawsters are marketed and operated by D Fedorov and J Krasnova Partnership in accordance with the Western Australia laws, with its registered office located at Unit 407, 396 Scarborough Beach Road, Osborne Park, Western Australia, 6017; Australian Business Number 45 197 348 201.
You can also reach Rawsters by phone +61 418 908 367 and/or email: accounts@rawsters.com.au;

e. Content: any content provided by the User by means of the Service, such as the content for inclusion in the App;

f. Credentials: the User’s username and password that are required to register for an Account and to have access to and make use of the Service;

g. Free Service : the free part of the Service, being the development and, testing of the App by User itself;

h. Intellectual Property Rights: any intellectual property rights and associated rights, including but not limited to copyrights, database rights, rights to domain names, model rights, neighbouring rights, patents, trademark rights, trade name rights, as well as rights to know-how;

i. Parties: User and Rawsters;

j. Personal Data: any data that directly or indirectly relates to a natural person;

k. Privacy Statement : Rawsters’s privacy statement, available at http://www.coffeevanwa.com.au/PrivacyStatement/;

l. Provider Platform: the mobile platforms of mobile platform providers Apple Computer, Inc. (Apple) (iOS) with/and its Apple App Store and Google Inc. (Google) (Android) with/and its Google Play Store;

m. Terms & Conditions: these terms & conditions, available for download and print at http://www.coffeevanwa.com.au/Rawsters_EULA/, which form an integral part of the Agreement;

n. User: you, as (a) a consumer or (b) a professional party being (i) a natural person or (ii) a legal entity – that concluded the Agreement with Rawsters;

o. Website: the Rawsters websites, available at http://www.coffeevanwa.com.au/, underlying (sub-)domains and any underlying pages, owned by Rawsters.

 

Article 2 Scope

2.1.      The Terms & Conditions apply to the Agreement, the use of and access to the Service by User, and any (other) (legal) acts between Parties.

2.2.      Rawsters may amend these Terms & Conditions at any time. The User will be individually notified of any amendments upon logging in to the Service. The new version of the Terms & Conditions will be available for viewing and downloading at the Website and/or through the Service. If the User continues to use the Service after the Terms & Conditions have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented Terms & Conditions. If the User does not agree with the amended or supplemented Terms & Conditions, the User’s exclusive remedy is to no longer use the Service and to terminate its Account.

2.3.      If any provision in these Terms & Conditions shall be held to be (partly) void or unenforceable, the other provisions of these Terms & Conditions will remain in full force and effect. In such a case, Rawsters will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.

2.4.      Rawsters explicitly rejects the applicability of any general (purchase) conditions used by the User.

2.5.      Any variation to the Agreement or Terms & Conditions will be valid only if and to the extent that it has been expressly confirmed by Rawsters in writing.

2.6.      If any provision of the Terms & Conditions contradicts one or more provisions of the Agreement, the provisions of these Terms & Conditions will prevail, unless explicitly agreed upon otherwise.

2.7.      The Agreement will be concluded the moment the User accepts the offer thereto by means of activation of its e-mail address within 7 (seven) days after receipt of the offer, and the conditions thereby stipulated have been fulfilled. Rawsters will immediately confirm the receipt of acceptance of the Agreement electronically, by means of the email address provided by User (see Article 3). User can revoke the Agreement as long as this acceptance has not been confirmed by Rawsters.

2.8.      Together with the confirmation mentioned in Article 2.7, Rawsters will provide the User the following information in such a way that user can store it on an accessible durable medium:

2.8.1 Rawsters’s office address and business location where the User can lodge complaints (see also Article 11.1);

2.8.2 The conditions under which the User can make use of its right to revoke the Agreement and the method of doing so;

2.8.3 Information regarding the warranty with regard to the Service;

2.8.4 The requirements for terminating the Agreement.

 

Article 3 Account

3.1.      In order to be able to make use of and to have access to the Service, the User has to create an Account as described on the Website. Upon creating its Account, the User will be obliged to provide its own Credentials in the way described on the Website. The User is responsible for keeping its Credentials confidential. The User is responsible and liable for all use made of and access to the Service by means of its Account. As soon as the User knows or has reason to assume that its Account and/or Credentials has/have come into the hands of unauthorized third party/parties, the User must inform Rawsters of this immediately, notwithstanding its own obligations to take immediate effective measures himself, such as changing the password to its Account.

 

3.2.      In the event that the User qualifies as a natural person, the User must be at least sixteen (16) years old in order to make use of and to access the Service. If the User is not sixteen (16) years old yet, the User requires its parent’s or guardian’s permission to create an Account and to make use of and get access to the Service. By accepting these Terms & Conditions, the User warrants that it is at least sixteen (16) years old or has the permission from its parent or guardian to create an Account and to make use of and get access to the Service.

 

3.3.      In the event the User qualifies as a legal entity, the User warrants that it is legally authorized to represent that legal entity.

 

3.4.      Rawsters accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or third parties, notwithstanding Article 8.

 

 

Article 4 Service

4.1.      Rawsters hereby grants the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms & Conditions and for the duration of the Agreement.

 

4.2.      The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The risk of loss, theft or damage to any of its data will at all times be borne by the User.

 

4.3       Any use of the App, including the transmission, distribution and making available thereof, and any other (legal) act relating to the App, by or on behalf of the User, Platform Providers and/or end-users is for the User’s own risk and responsibility. Rawsters is not liable and/or responsible for the Content, the App, and/or any use made of the Service by Users, notwithstanding Article 8.

 

4.4.      Notwithstanding any other provisions of these Terms & Conditions, and any of the User’s legal obligations, the use of the Service, the App and the Content may not, at Rawsters’s sole discretion:

a. include software such as viruses or Trojans that can damage or erase, make unavailable or make inaccessible any computers or data of Rawsters, (other) Users or third parties;

b. bypass technical security measures of the computer systems of Rawsters, (other) Users or third parties;

c. involve unreasonable or disproportionate use of the infrastructure of Rawsters’s or third parties’ computer systems, including but not limited to any use in violation of Rawsters’s fair use policy as described on the Website and/or in the Service;

d. impede the functionality or functionalities of the Service;

e. involve manual or automated software, devices, or other processes to “crawl”, “spider” or scrape any content of the Service;

f. constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;

g. infringe any of Rawsters’s or third party’s Intellectual Property Rights, privacy rights or any other rights;

h. involve (virtual) child pornography, bestiality or other unlawful erotic content or acts relating thereto;

i. promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;

j. involve any illegal activities or activities that are contrary to morality or public order;

k. involve false or misleading information;

l. involve otherwise inappropriate use;

m. breach these Terms & Conditions or the Agreement; and/or

n. be unlawful in any way whatsoever.

 

4.5.      The User warrants to refrain from such acts.

 

4.6.      The Service may contain information that is derived from and/or may refer to third parties’ websites, products or services (for instance through hyperlinks, banners or buttons). Rawsters is neither responsible, nor liable for the content of such information.

 

4.7       Rawsters may disclose the User’s Personal Data and/or Content, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in Australia, or to exercise its legal rights of defence against legal claims.

 

 

Article 5 Intellectual Property Rights

5.1       Rawsters and/or its licensors reserve all rights not expressly granted to the User in these Terms & Conditions. The User acknowledges and agrees that – except as specifically set forth in these Terms & Conditions – Rawsters and its licensors retain all rights, title and interest, including the Intellectual Property Rights, in and to the Service and the Website as well as to any modifications, adaptations or translations thereof. The User acknowledges and agrees that it does not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms & Conditions. The Service is licensed, not sold.

 

5.2       The User is not permitted to sell, rent out, transfer or grant restrictive rights to the

Service, or make it available to third parties in any way or for any purpose not explicitly mentioned in these Terms & Conditions. The User will also refrain from granting third parties access – remotely or otherwise – to the Service or to provide the Service to a third party, not explicitly provided for in these Terms & Conditions.

 

5.3.      The User is explicitly not allowed to download, copy, amend, make available, or provide otherwise (parts of) the Service, App, Website or other materials made available to the User by means of the Service, for direct or indirect commercial purposes or for any other purposes than the purposes mentioned in these Terms & Conditions, unless Rawsters has provided its prior written consent thereto, or if a mandatory or peremptory rule of law states otherwise.

 

5.4.      The User is prohibited to reverse engineer (parts of) the Service, App, Website or other materials made available to the User by means of the Service, to the extent legally permissible. In the event of reverse engineering permitted by a mandatory or peremptory rule of law, such as for achieving compatibility with self-written software or enabling to get the ideas, concepts and principles behind the Service, App, Website or other materials made available to the User by means of the Service, the User is only allowed to execute this legal right, after first requesting Rawsters to provide the necessary information to achieve such interoperability and Rawsters fails to provide such information within reasonable time.

 

5.5       Rawsters will be permitted to install technical provisions for the purpose of protecting the Service and Website in relation to an agreed restriction on the content or the term of the right to use thereof. User is not allowed to remove or circumvent such technical provisions.

 

5.6.      Rawsters’s obligation to provide the Service, if any, and the User’s right of use thereof will only extend to the object code of the Service. Under no circumstance will User obtain any right, and under no circumstance will Rawsters be obliged to provide (a data carrier with) the source code or any preliminary materials of the provided Service.

 

 

Article 6 Content on Apps

6.1.      Rawsters enables the User to implement in the App content hosted on third party websites. The use of such third-party content shall be governed by the terms of use of these third-party websites and/or the end user license agreement of the third party providing the content. User is required to comply with the terms of any third party. Rawsters is not responsible or liable for the availability and accessibility of such third-party content.

 

6.2.      Rawsters may also provide through the Service content of which the owner is a third party. The User understands and agrees that Rawsters is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to the User, entitled to remove such third party content from the Service and/or demand that User removes such third party content from the App.

 

6.3.      Except as specifically provided and allowed by Rawsters and/or the third party owner, User is explicitly not allowed to reverse engineer, decompile or disassemble any third party content, and in addition, User shall not modify, duplicate, distribute, reproduce, sublicense, display, transfer, create derivative works from, assign, or otherwise use the third party content.

 

6.4.      Rawsters is not responsible or liable with regard to any third-party services used by User or provided through the Service. Use of these third-party services shall be at User’s own responsibility and liability.

 

 

Article 7 Privacy

7.1.      During the use of the Service, the User provides Personal Data to Rawsters. These Personal Data will be saved and processed in accordance with the Privacy Statement, and The Australian Privacy Principles (APPs), which are contained in schedule 1 of the Privacy Act 1988 (Privacy Act).

 

7.2.      In the event that Rawsters deems this of importance for the execution of the Agreement, the User will inform Rawsters, on its first request and in writing, of the manner in which the User fulfils its obligations under the Privacy Act, and/or other applicable legislation on the protection of personal data.

 

7.3.      Rawsters will not process Personal Data, other than for the provision of the Service, including the use of Permissions.

 

7.4.      Rawsters will not share personal information from the User with third parties unless Rawsters has obtained permission thereto or is required to do so by law.

 

7.5.      As far as Rawsters would be obliged to provide a form of security, then this protection will meet the written specifications expressly agreed between the Parties. Rawsters does not guarantee that the security is effective under all circumstances. If the Agreement contains no specifications regarding the security, or if the contract contains no express definition of security, it will meet a level that is not unreasonable, given the state of the art, the sensitivity of the data, and to security related costs. The responsibility for maintaining safeguards such as firewalls, antivirus and backup lies with the User.

 

 

Article 8 Warranties

8.1.      Rawsters warrants that the Service fulfils the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or governmental regulations that existed on the date that the Agreement was concluded. However, Rawsters does not warrant that the Service is suited for other than normal designation, as described in these Terms & Conditions. Moreover, Rawsters does not warrant that the Service will be error free, complete or up-to-date at all times. More specifically, in the event the User has not concluded an Agreement with Rawsters for the Paid Service for updates of the App, it might be possible that the App will not be compatible with updated or upgraded software and/or services of third parties, including but not limited to new versions of Provider Platforms (iOS or Android updates or upgrades), API’s (such as Facebook API) etc.

 

8.2.      The User agrees that the Service fulfils the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or governmental regulations that existed on the date that the Agreement was concluded, when it provides the functionality and other features as found in the Service at the time of use (“as is”). Rawsters does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the Internet or phone connection or as a result of viruses and/or faults/defects. Rawsters is not liable towards the User for any damage, loss or costs resulting or arising from the Service being (temporarily) unavailable, including but not limited to the loss of data or inability to access or use the Service, notwithstanding Article 8.

 

8.3.      Rawsters is entitled to change and/or update the Service and replace the design and layout of any of the functionalities of the Service without any prior notification and without being obliged to pay any compensation whatsoever to the Users.

 

8.4.      Rawsters is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of Rawsters this is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure. Force majeure includes – but is not limited to – site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to Rawsters of parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions.

 

8.5.      Rawsters does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services – including but not limited to the terms and conditions Provider Platforms, or payment providers – allow the use of and/or interaction with the Service.

 

8.6.      The User is responsible and liable for all use it makes of the Service, including but not limited to its use of its Account and the results of the Service, such as the App and/or Web App, notwithstanding Article 8. The User indemnifies and holds Rawsters harmless against any and all claims by third parties in connection with or resulting from the use that the User makes of the Service, a violation by the User of these Terms & Conditions, and/or any unlawful activities. This includes, without limitation, any activities that constitute an infringement of Intellectual Property Rights or (other) rights of third parties.

 

 

Article 9 Limitation of Liability

9.1.      Rawsters’s liability for damages resulting from or relating to attributably failing to perform the Agreement, including these Terms & Conditions, for unlawful act or otherwise will be excluded in the event the User qualifies as a professional party and to the extent allowed by a mandatory or peremptory rule of law.

 

9.2.      The User’s only remedy in the event of an attributable failure, unlawful acts of Rawsters, or other cause of damages, is to discontinue the use of the Service and/or to delete its Account.

 

9.3.      In any event, the User’s right to claim under the Agreement, these Terms & Conditions, unlawful act or otherwise shall lapse one (1) year after the occurrence giving rise to the claim or action.

 

9.6       The limitations mentioned in the preceding paragraphs of this Article shall not apply if and insofar as the damage or injury is the result of intentional acts or omissions or gross negligence by Rawsters or its managers.

 

 

Article 10 Term and Termination

10.1.    The User is entitled to terminate the Agreement for the Free Service at any time by discontinuing the use of the Free Service and/or by terminating the Account. The Agreement for the Paid Service can be terminated by the User at the end of the subscription period at any time.

 

10.2.    In addition to the other remedies available to Rawsters, Rawsters is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to the User, entitled to:

a. temporarily or permanently terminate the User’s Account and its use of the Service in the event that Rawsters, at its sole discretion, deems such termination necessary;

b. (temporarily) restrict or suspend the User’s activities in connection with the Service or to ban a User from the Service or to restrict or suspend the availability of the App;

c. ban a User from using the Service and prevent banned Users from creating a new Account and/or delete Accounts created by banned Users; and/or

d. (partly) edit, delete or refuse any content or services within the Service.

 

10.3.    All provisions which are meant to survive the termination of the Agreement, including the prohibition to publish the App through other means than the Service, shall survive such termination.

 

10.4.    After termination, the User’s right to access and use the Service, shall cease to exist immediately, without any right to compensation whatsoever. In the event of termination, Rawsters is also allowed to delete the User’s Account and to remove and/or suspend its App from the Publisher Platform without notice and without any liability to the User. Rawsters will not have any obligation to assist the User in migrating its data, including its App, off of the Service. Rawsters does not keep a back-up of the Account, App.

 

 

Article 11 Contact

 

11.1.    Rawsters can be contacted at accounts@rawsters.com.au or +61 418 908 367 or its other contact details as mentioned in Article 1.d and/or Website.

 

11.2.    In the event that the User has a complaint with regard to the Service, the User can complain through the contact details mentioned in art. 13.1. Complaints about execution of the Agreement must be submitted to Rawsters without delay after the User has discovered any defects, which in the complaint should be complete and clearly defined. Rawsters will reply to such a complaint within fourteen calendar days calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, Rawsters will reply within fourteen calendar days, confirming the receipt and indicating when the User can expect a more elaborate reply.

 

 

Article 12 Applicable Law and Competent Court

12.1.    These Terms & Conditions, the Agreement and the use of and access to the Service are governed by the laws of the Western Australia, unless a mandatory or peremptory rule of (international) law prescribes another applicable law. The applicability of the Vienna Convention on the Sale of Goods is expressly excluded.

 

12.2.    All controversies, disputes or claims arising out of or relating to these Terms & Conditions, the Agreement and/or the use of or access to the Service will be exclusively and finally settled by the competent court in the district of Western Australia, unless a mandatory or peremptory rule of (international) law prescribes another competent court.