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Terms of Use End User License Agreement

Claymore Thistle Pty Ltd (ACN 610559405)
THIS AGREEMENT made BETWEEN Claymore Thistle Pty Ltd (ACN 610559405) of 6/47 Shetland Street, Morningside, Brisbane, Queensland 4170, Australia (“Licensor“)
– and – You (“Licensee“)  (the “Parties“)

This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, (“Website”). It was last posted on 23 September 2016. The terms, “we” and “our” as used in this Agreement refer to Claymore Thistle Pty Ltd.

Variation of Terms
Claymore Thistle Pty Ltd reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the App or download the App whichever is applicable.

We refer to this Agreement, our Privacy Policy  and any other terms, rules, or guidelines on our Website collectively as our “Terms of Use” You explicitly and implicitly agree to be bound by our Terms and conditions each time you access our Website. If you do not wish to be so bound, please do not use or access our Website or app.

In this Agreement unless the context otherwise requires:

  • headings are for convenience only and do not affect its interpretation and construction;
  • the singular includes the plural and vice versa;
  • words importing a gender include other genders;
  • where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
  • a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
  • “includes” is not a word of limitation;
  • a reference to any thing is a reference to the whole and each part of it;
  • a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
  • a reference to a document includes all amendments or supplements to, or replacements or novation of, that document.Ownership
    Claymore Thistle Pty Ltd or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the App Pushcardz and all copies thereof.

    Copyrights and Trademarks
    Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips, sounds and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Claymore Thistle. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Claymore Thistle enforces its intellectual property rights to the fullest extent of the law. The names and logos of Claymore Thistle may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Claymore Thistle. Claymore Thistle prohibits use of any logo of Claymore Thistle or any of its affiliates, such as Pushcardz, as part of a link to or from any Website unless Claymore Thistle approves such in advance and in writing. Fair use of Claymore Thistle’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

    Links to Third-Party Websites
    Our Website may contain links to Websites owned or operated by parties other than Claymore Thistle. Such links are provided for your reference only. Claymore Thistle does not monitor or control outside Websites and is not responsible for their content. Claymore Thistle’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Claymore Thistle’s inclusion of the links imply that Claymore Thistle is authorised to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
    Content Disclaimer
    Postings on our Website are made at such times as Claymore Thistle determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Claymore Thistle does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

    We can issue refunds for Contracts within 14 days of the original purchase of the Contract. Please contact us if you wish to discuss a refund.

    No Warranties; Exclusion of Liability; Indemnification
    Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on Claymore Thistle Pty Ltd and its subsidiaries, affiliates, and suppliers (“Implied Terms”). If these Implied Terms apply, Claymore Thistle Pty Ltd.’s liability will be limited at its option to resupply, repair or replacement or the cost of such resupply, repair or replacement, to the extent permitted by law.

    Unless otherwise explicitly agreed to in writing by Claymore Thistle Pty Ltd, Claymore Thistle Pty Ltd, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.

    Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.

    Our websites are operated by Claymore Thistle on an ‘as is’ or ‘as available’ basis, without representations or warranties of any kind. To the fullest extent permitted by law, Claymore Thistle specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement for our website and any contracts and services you may purchase through it. Claymore Thistle shall not have any liability or responsibility for any errors or omissions in the content of our website, for contracts or services sold through our website, or your action or inaction in connection with our website or for any damage to your computer or data or any other damage you may incur in connection with our website. Your use of our website and any contracts of services are at your own risk. In no event shall either Claymore Thistle or their agents be liable for any direct, or indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our website. Contracts and services purchased through our website, the delay or inability to use our website or app or otherwise arising in connection with our website or app, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. In no event shall Claymore Thistle’s liability for any damage claim exceed the amount paid by you to Claymore Thistle for the transaction giving rise to such damage claim.

    Without limiting the foregoing, Claymore Thistle do not represent or warrant that the information on the website or app is accurate, complete, reliable, useful, timely, or current or that our website or app will operate without interruption or error.

    Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages to the above exclusion may not apply to you.

    Exclusion of damages
    Subject to any Implied Term, Claymore Thistle Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including loss of revenues or profits or loss of business) arising in connection with these Terms, the App, any software for the App or social media sites including the website, or any support services for Pushcardz, whether based on contract, tort, statute, or any other legal theory.

    Limitation of liability and remedies
    To the extent that the applicable jurisdiction limits Claymore Thistle Pty Ltd.’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

    You will defend, indemnify Claymore Thistle Pty Ltd, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses including attorneys’ fees as a result of or in connection with your use of the app, including but not limited to, any modification by you of the app which causes the app to infringe the intellectual property rights of a third party.

    Without prejudice to any other rights, Claymore Thistle Pty Ltd may terminate this Agreement immediately and without further notice if you fail to comply with the Terms of this Agreement. In such event, you must destroy all copies of the app.

    Using the app
    The App Pushcardz is the cost effective way to manage and share your contact information. Create a card within the app, share with others and have any changes effortlessly shared with your contacts within the app. The website and other social media pages provide information about the app, and enable you to contact us, or access your own customer web portal.

    If your contact card was created by someone other than yourself, you will be sent an email inviting you to visit the website and review the privacy policy and these terms and conditions.

    By creating a contact card you are expressing to us that you are granting permission for your card details to be shared with other app users. You are granting the Company with a license to distribute, transmit, display and make available to other Pushcardz users any of those details loaded into your contact card.

    If a contact card has been created using your contact details which was not permitted by you, please notify us immediately via the contact form.

    To first use the app, you must first provide us with your email address. Information provided to us shall be kept in accordance with our Privacy Policy.

    If you would like to close your corporate account you should contact your customer liaison officer assigned to you upon opening the account, or via the contact us page on the website.

    Restrictions and Limitations
    You herby agree not to modify; create derivative works; or use the app to develop any product having the same primary function as the app.

    You herby agree not to copy, reverse engineer, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the website and/or the app.

    You hereby agree not to interfere with or violate other individuals’ rights to privacy, or harvest or collect data and/or information about them without their express consent.

    You herby agree not to transmit or make available through or in connection with the Application any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, or intended to cause malicious harm.

    You herby agree not to interfere with or disrupt the operation of the website and/or app, or the servers or networks that host the data.

    You herby agree not to impersonate any person or entity or provide false or misleading contact details and/or other personal information.

    You herby agree not to use the app for purposes of harassment, cyber stalking, humiliation or any other purpose which may endanger other users.

    General provisions
    Any provision of, or the application of any provision of this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

    Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

    The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.

    This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.

    If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

    This Agreement shall be governed by and construed in accordance with the laws of Queensland.