TERMS-CONDITIONS

 

Use of the app is at your own risk. The App is provided on an ‘As Is’ basis.

To the maximum extent permitted by Law : (A) Future Disclaims all liability whatsoever, whether arising in contract , tort( including negligence) OR otherwise in relation to the app; And (B) All implied warranties ,Terms and Conditions relating to the app(whether implied by statue, common law or otherwise), Including (without limitation) Any Warranty, term or condition as to accuracy, Completeness, Satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, Interoperability , Quiet enjoyment and title are, as between future and you, hereby excluded. In particular, but without Prejudice to the foregoing, we accept no responsibility for any technical failure of the internet And/Or the app; or any damage or injury to users or their equipment as a result of relating to their use of the app. Your statutory rights are not affected.

DISCLAIMER AND LIABILITY

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MOBILE APPLICATION TERMS AND CONDITIONS

LYf WINS

These terms and conditions (here in after “Terms”) govern Your use of Our application “LYF WINS” which is hereinafter referred to as “the Product’ and is available at: iTune store,Google Play Store ‘The Product is owned and operated by: Dlyfwins lnfotecn Pvt Ltd These Terms constitute a b1nd1ng contract between You and. Dlyfwins lnfotech Pvt Ltd In connection with Your use of the Product.v-1e may also provide You with access to various other content, documentation. materials. information.goods or services. tn these Terms.we refer to all of these items collectively as “the Items”. if these Terms will govern Your use of all pages of the Product. as well as Your use of the Items If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms You acknowledge that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms, If You do not agree to be bound by the Terms, or If You need more time to review and consider the Terms then You must stop using the Product immediately 1. DEFINITIONS “Company IP” includes, but is not limited to,the contents, layout,design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials. “Content” means any content, writing, images, audiovisual content or other information published on the Product. “Contract” means these terms and conditions. “Dispute” means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms. “Effective Date” means the date that these Terms come into force. “Goods” means any or all goods provided by or on the Product “Identifying” Information” means Information provided by You when registering to use the items, including but not limited to Your name and email address a user name and a password. “Items” means any and all of the Product, Goods, Content and Materials collectively. “Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Product including documentation data, information developed by Us or owned by Us and other materials which may assist in Your use of Goods or Product “Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively. . “Product” means the mobile application called “LYF WINS” Including all pages, all sub pages, all biogs, all forums,and all other connected internet content whatsoever which is available at iTune store, Google Play Store “Terms” means these terms and conditions. “Third Party Goods and Services” means Goods and/or Services sold by third parties via the Product. “Us”, “we”, “our” or “the owner” refers to Dlyfwins lnfotech Pvt Ltd. “Us”, “We”, “Our” or “the Owner” also includes any employees affiliates agents or other representatives of DlyfWins lnfotech Pvt Ltd. “You” or “Your” refers to the user of the Product. “Your Content” means any Content posted to or added to the Product. Content or materials by You or by somebody authorised by You or doing so on Your behalf 2. INTERPRETATION a.In these Terms unless the context otherwise requires, the following rules of 1nterpretat1on shall apply I. Words referring to one gender include every other gender II. Words referring to a singular number include the plural, and words referring to a plural include the singular. III. Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa IV. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done. 3. YOUR AGREEMENT AND REPRESENTATIONS a. By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the items immediately we only agree to provide use of the items to you if You agree to these terms b. By continuing to use the Product and the Items You represent and warrant to us that you have legal capacity to enter these Terms c. By continuing to use the Product and the Items You represent and warrant to us that you have complied with all these terms. 4. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS a. We may provide You with certain other Items in connection with Your use of the Product. b. Subject to these Terms We grant You a licence to use the Product, Content and materials solely connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable. c You may not use the Product Content or materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and materials terminates upon Your cessation of use of the items or upon termination of this Contract 5. SALE OF GOODS/ SERVICES a. We may sell Goods or services or may allow third parties to sell Goods or Services on the Product If this occurs then some specific exclusions of liability will apply as described in the Exclusion of Liability )” clause. t b. Please refer to our additional terms and conditions for sale of goods and/or terms and conditions for sale of services as applicable 6. EXCLUSION OF LIABILITY a.The Product, Content and Materials are provided for general information only and may change at any time without prior notice. b. You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies. c. Your use of the Product,Content and materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Product suits Your particular purpose. d. Neither We nor any third parties provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability¬†, safety, legality or suitability for a particular purpose of the Items e. To the maximum extent permitted by law,we hereby expressly exclude all warranties, guarantees representations or terms (whether express or implied) except for those expressly set out in these Terms f. To the maximum extent permitted by law. we hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timelines, quality, merchantability¬†, safety, legality or suitability for a particular purpose of the items g. To the maximum extent permitted by law We hereby, expressly exclude any liability In relation to loss of data, interruption to Your business or any damage which are incidental to or arise from such loss of data or interruption to business h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost oe expense including legal costs and expenses whether direct or indirect incurred by you in connection with your use of the items i. for Goods and/or Services sold by third parties via the Product or via Third Party Links {hereinafter “Third Party Goods and Services”) I. You acknowledge and agree that We have no control over those Third Party Goods and services and that You purchase such Third Party Goods and Services at Your own nsk II. You acknowledge and agree that We assume no liab11tty and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of Third Party Goods and services. III. For any claim You may have against the third party provide of the Third Party Goods and services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third Party Goods and Services and not with us. IV. To the maximum extent permitted by law, You hereby release Us from any c1aim related to Third Party Goods including ant and all warranty and product liability claim. 7. DELIVERY a. We may arrange delivery of physical goods by courier or by Australia post. We process Deliveries promptly upon receipt of full payment b. Delivery or physical Goods within Australia may take:24*7 c. Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please contact Us using the details at the end of these Terms if You experience technical problems regarding delivery of digital Goods. d. We take no responsibility for Goods that are lost or damaged during delivery e. We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery, f. Any disputes regarding physical Goods which are lost or damaged during delivery should be directly taken up with the relevant courier courier or with Australia Post as applicable. 8. RETURNS/ REFUNDS/ REPAIRS a. We handle returns, refunds and repairs in accordance with our obligations under the Australian Consumer Law b. If You are seeking a return, refund or repair You may contact Us using the details at the end of these Terms. In order for your request to be handled promptly please provide full details about your valid reason for return, refund or repair 9. INDEMNITY You hereby indemnify Us (Which, for the sake of clarity, also includes any of our employees,affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate In Our own legal proceedings if We choose 10. TERMINATION a. We may immediately terminate these Terms at any time with or without cause. b. we specifically reserve the right to terminate these Terms if You breach these Terms in any way c. These Terms terminate automatically if we cease to operate the Product for any reason. d. If You have registered for an account with us. You may terminate these Terms at any time by contacting Us and requesting termination. e. At the termination of these Terms any provisions which would by their nature be expected to survive termination shall remain in full force and effect including but not limited to Our exclusions of liability as outlined in the “Exclusions of Liability” clause. 11. ACCEPTABLE USE a. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items In any way that could damage the Product, the Items, or our general business. b. You further agree not to use the Product or the Items I. to harass, abuse,or threaten an other person or to otherwise violate any other person’s legal rights; II. to violate any intellectual property rights of Us or of any third party; III. to upload or otherwise disseminate any computer viruses or other soft\are that may damage the property of another, IV. to commit any Kind of fraud. V. to engage in or create any unlawful gambling, sweepstaKes or pyramid schemes VI. to publish or distribute any obscene or defamatory material VII. to publish or distribute any material incites violence,hatred or discrimination towards any person, group or community VIII. to unlawfully gather information about others. c. Unauthorised use by You of the items may be a criminal offence and may give rise to a claim for damages. 12. VARIATION OF TERMS a. You hereby acknowledge and agree that these Terms may be vaned or amended from time to time in our sole d1scret1on If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended. b. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms c. In the event that You fail to monitor any modifications to or variations of these Terms You that such failure shall be considered an affinitive waiver of Your right to review the modified or varied terms 13. CHANGES TO PRODUCT a. You acknowledge and agree that we may, in our sole discretion, vary, alter, amend, change or update the content, materials or the product at any time. b. You acknowledge and agree that the product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason). c. You acknowledge and agree that we take no responsibility for, and to maximum extend permitted by law shall not be liable in any way for the items being temporarily unavailable , whether due to reasons within our control or not.