Terms and Conditions
These Terms and Conditions (“Terms”) govern your use of the CostApple website available at https://costapple.com (“Costapple.com”) and the CostApple platform (the “CostApple”) provided by CostApple ABN: 66789715805 (the “Company”, “CostApple”, “we”, “us”, “our”)to you the user(“User”, “you”, “your”).
1. Acceptance of Terms
By accessing or using our Site or our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy. Utilising our services constitutes your acceptance of these terms, forming a legally binding agreement with CostApple. Failure to comply may result in suspension or termination of access. If you do not agree, discontinue use immediately.
2. Modification of Terms
The Company reserves the right to modify or update these Terms at any time without prior notice. Changes to the Terms will be effective immediately upon posting. It is your responsibility to review the Terms periodically for any updates or changes. Continued use of the Platform after the effective date of the changes constitutes acceptance of the modified Terms.
3. Additional Agreements
Certain features or services offered through the Platform may be subject to additional terms and conditions, which will be presented to you at the time of access or use. Your access or use of such features or services constitutes acceptance of the additional terms and conditions.
4. Modifications to the Platform
We reserve the right at any time to modify or discontinue the Platform (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Platform.
5. General Conditions
We reserve the right to refuse service to anyone at our sole discretion, without providing a reason, explanation, or prior notice. This refusal of service may occur for any reason deemed appropriate by us, including but not limited to violation of our terms of service, breach of applicable laws or regulations, abusive behaviour, or any other conduct that is deemed detrimental to the operation of our services or the interests of our customers.
6. Legal Capacity
By accessing or using the Platform, you represent and warrant that you are over the age of18 years and have the legal capacity to enter into binding contracts and to abide by these Terms.
7. Description of Services
7.1 The Company provides the Platform to facilitate connections and interactions between Users for the purpose of sharing resources, including but not limited to tools, equipment, and transportation services.
7.2 The Platform allows users to share a variety of resources, including tools, kitchen appliances, gardening equipment, camping gear, and transportation services such as carpooling. Users may post listings for available resources they wish to share, or they may search for resources offered by other users based on location, availability, and other relevant criteria.
7.3 The Platform operates on a shared resource model, where users voluntarily share their resources with others in the community without the expectation of financial gain. Users participate in this model with the understanding that the primary purpose is to promote resource sharing, cost reduction, and community engagement.
7.4 The Platform provides communication tools, such as messaging and chat features, to facilitate communication and coordination between Users. Users may use these communication tools to discuss details, arrange meetings, and coordinate the sharing of resources.
7.5 Users have the ability to create profiles on the Platform, where they can provide information about themselves, their available resources, and their preferences for sharing.
7.6 Users may create listings for their available resources, including descriptions, photos, availability, and any other relevant details.
7.7 The Platform may offer features to facilitate the management of transactions, including scheduling, booking and review and rating systems. Users may use these features to arrange and confirm sharing arrangements, manage bookings, and provide feedback on their experiences.
7.8 The sharing of tools, goods, and carpooling services through the Platform is intended for non-commercial purposes only. Users agree not to engage in any commercial or profit-seeking activities using the Platform, including but not limited to buying, selling, or renting items or services.
7.9 In an effort to foster a sense of community and cooperation, users have the option to participate in cost-sharing arrangements for certain shared resources.
7.10 Users may choose to voluntarily contribute to the cost of shared resources, including but not limited to fuel costs for ride-sharing, parking fees, and wear and tear expenses for tools and equipment.
7.11 The determination of cost-sharing amounts for shared resources is entirely user-driven. Users have the autonomy to decide on fair and reasonable prices based on factors such as usage frequency, distance travelled, maintenance requirements, and market rates.
7.12 Participation in cost-sharing arrangements is entirely optional. Users may choose to contribute to shared expenses or opt to share resources without any financial exchange, depending on their preferences and circumstances.
7.13 The Platform promotes transparency and open communication regarding cost-sharing arrangements. Users are encouraged to discuss pricing and cost-sharing expectations openly with other members to ensure mutual understanding and agreement.
7.14 Cost-sharing arrangements for shared resources on the Platform are negotiated directly between users. The company acts solely as a facilitator of the platform and is not a party to these agreements.
7.15 Users acknowledge and accept that they have the autonomy and responsibility to negotiate cost-sharing arrangements with other members of the community. The company does not intervene in or influence these negotiations.
7.16 The company maintains neutrality in cost-sharing negotiations and does not endorse or validate any specific pricing arrangements. Users are encouraged to engage in open and transparent communication to reach mutually acceptable terms.
7.17 The company assumes no liability for the terms or outcomes of cost-sharing agreements negotiated between users. Users engage in cost-sharing arrangements at their own discretion and assume full responsibility for any agreements made.
7.18 While the company does not participate in cost-sharing negotiations, it provides support and resources to facilitate communication and coordination between users. Users may utilise platform features such as messaging and chat functionalities to discuss cost-sharing arrangements.
7.19 The Company does not provide or control the resources or services offered by users on the Platform. Users engage in resource sharing and transactions with other users at their own risk.
7.20 Users are encouraged to consider obtaining appropriate insurance coverage to protect against potential liabilities arising from the use of Shared Resources. Users are ultimately responsible for assessing their insurance needs and obtaining suitable coverage.
8. Ride Sharing
8.1 Eligibility and Valid Driver’s License
Participation in the ride-sharing service requires users to possess a valid driver’s license issued by the appropriate regulatory authority in their jurisdiction.
8.2 Vehicle Insurance
Users offering rides through the platform must maintain valid and appropriate insurance coverage for their vehicles. Prior to offering rides, users must confirm that their vehicle insurance policies are up-to-date and meet the minimum coverage requirements. Users may be required to provide proof of insurance upon request by the platform or other users.
8.3 Offering Rides
Users offering rides agree to use their own vehicles for transportation. The member offering the ride will post details of the trip including approximate destination, pickup location, and any applicable price.
8.4 Seeking Rides
Members seeking rides may post requests for transportation, specifying their destination and any preferences or requirements.
8.5 Pricing and Cost
Pricing for rides should aim to cover basic costs such as fuel. Users may negotiate prices, and the platform encourages keeping pricing reasonable and transparent. Users may also agree on “no-cost rides,”.
8.6 Communication
Members are encouraged to use the messaging tool provided by the platform to communicate with potential ride partners. This includes discussing pickup and drop-off locations, costs, vehicle condition, and sharing license numbers or car registration details for safety and confidence building.
8.7 Agreement Termination
Any party has the right to refuse or discontinue the ride-sharing agreement at any time and for any reason by informing the other member.
8.8 Lending
8.9 Prior to lending out any item or resource (“Item”), the lending user(“Owner”) agrees to document the condition of the Item thoroughly. This documentation may include written descriptions, photographs, or any other relevant means to accurately capture the Item’s condition.
8.10 The Owner shall specify the duration for which the Item is being lent out to the borrowing user(“Borrower”). This timeframe should be communicated clearly and agreed upon by both parties before the lending arrangement commences.
8.11 The Owner shall provide detailed instructions for the proper use and care of the Item to the Borrower. These instructions may include safety precautions, maintenance guidelines, or any other relevant information necessary for the Borrower to use the Item responsibly.
8.12 Any additional instructions or specific requirements related to the use of the Item shall be communicated by the Owner to the Borrower prior to the lending arrangement. This may include restrictions on certain uses, storage requirements, or other relevant considerations.
8.13 The Owner agrees to communicate all terms and conditions related to the lending of the Item to the Borrower in a clear and transparent manner. Any agreements or arrangements made between the Owner and Borrower should be documented in writing or recorded through the Platform’s messaging system.
8.14 The Owner shall retain a copy of the documentation detailing the condition of the Item, borrowing timeframe, and any instructions provided to the Borrower for the duration of the lending arrangement. This documentation may be used as reference in the event of disputes or discrepancies.
8.15 By lending out the Item, the Owner acknowledges that they have read, understood, and agree to abide by the terms and conditions outlined herein.
9. Borrowing
9.1 Prior to borrowing any item or resource (“Item”),the borrowing user(“Borrower”) agrees to inspect the condition of the Item provided by the lending user(“Owner”). The Borrower shall thoroughly examine the Item to ensure it is in an acceptable condition for use.
9.2 The Borrower shall adhere to the timeframe specified by the Owner for the duration of the borrowing arrangement. The Borrower agrees to return the Item to the Owner within the agreed-upon timeframe, as communicated and mutually agreed upon by both parties.
9.3 The Borrower agrees to comply with all instructions provided by the Owner regarding the use, care, and return of the Item. This includes following any safety precautions, maintenance guidelines, or other relevant instructions provided by the Owner.
9.4 The Borrower shall use the Item responsibly and for its intended purpose only. The Borrower agrees not to misuse or abuse the Item, and to exercise reasonable care in its handling and use to prevent damage or loss.
9.5 Users are responsible for maintaining the condition and cleanliness of the Item during use. This includes taking reasonable precautions to prevent damage, wear, or deterioration of items, as well as promptly addressing any issues or defects that arise during use.
9.6 In the event of any issues, concerns, or discrepancies regarding the Item, the Borrower agrees to promptly communicate with the Owner and seek resolution. This includes reporting any damage, defects, or malfunctions observed during the borrowing period.
9.7 The Borrower acknowledges their responsibility to retain and adhere to the terms and conditions agreed upon with the Owner regarding the borrowing of the Item. Any agreements or arrangements made between the Borrower and Owner should be documented in writing or recorded through the Platform’s messaging system.
9.8 The Borrower acknowledges their liability for any damage, loss, or theft of Item that occurs during their possession or use. Users shall be responsible for reimbursing the owner or affected party for any costs incurred as a result of damage, loss, or theft of items.
9.9 In the event of damage to the Item, users agree to promptly notify the owner and Platform administrators and cooperate in resolving the issue, including providing relevant information or documentation as requested.
9.10 By borrowing the Item, the Borrower acknowledges that they have read, understood, and agree to abide by the terms and conditions outlined herein. The Borrower further acknowledges their responsibility to use the Item responsibly and in accordance with the Owner’s instructions.
10. Pricing
10.1 Currently, there is no cost associated with accessing or using the Platform. Users may utilise the Platform’s features and services free of charge. Users acknowledge and understand that while there are no fees or charges for Platform use at present, the Company reserves the right to introduce fees, subscription plans, or other forms of payment in the future.
10.2 In the event of any changes to the Platform’s cost structure or pricing model, users will be notified in advance. Notice of such changes will be provided through the Platform, via email, or through other communication channels.
10.3 Any future fees or charges introduced by the Company may apply to optional premium features, enhanced services, or additional functionalities offered on the Platform. Users will have the option to choose whether to subscribe to these paid services.
11. Account Registration
11.1 To access certain features of the Platform, users are required to register for an account. The registration process requires users to provide certain information, such as their name, email address, and password.
11.2 Users agree to provide accurate, current, and complete information during the registration process and to keep their account information updated. The Company reserves the right to suspend or terminate accounts with inaccurate or incomplete information.
11.3 Users are responsible for maintaining the security of their account login credentials and for any activity that occurs under their account. Users must not share their login credentials with others or allow unauthorised access to their account.
11.4 Users must notify the Company immediately if they become aware of any unauthorised access to their account or any other security breach. The Company is not liable for any loss or damage resulting from unauthorised access to user accounts.
11.5 Users may not create multiple accounts for the purpose of circumventing any restrictions or abusing the features of the Platform. The Company reserves the right to merge or delete duplicate accounts at its discretion.
12. Prohibited Activities
Users of the Platform must not engage in any of the following activities:
a) Users must not use the Platform for any unlawful or illegal purposes, including but not limited to fraud, theft, harassment, or distribution of illegal materials.
b) Users must not misuse or abuse the Platform for unauthorised purposes, including hacking, spamming, or distributing malware or other malicious software.
c) Users must not upload, post, or share any content that is obscene, offensive, defamatory, or violates the rights of others, including intellectual property rights.
d) Users must respect the privacy and rights of others and must not use the Platform to collect, store, or distribute personal information without consent.
e) Users must not engage in harassing, threatening, or abusive behaviour towards other users or third parties on the Platform.
f) Users must not impersonate another person or entity, or misrepresent their affiliation with any person or entity, on the Platform.
g) Users must not attempt to gain unauthorised access to the Platform, accounts of other users, or any systems or networks connected to the Platform.
h) Users must not use the Platform for commercial purposes such as charging fees to other Users or to promote products or services.
12.1 Consequences of Violation
Violation of these terms may result in suspension or termination of access to the Platform, as well as legal consequences in accordance with applicable laws. The Company reserves the right to remove any content or terminate any account that violates this Policy or is deemed harmful or inappropriate.
13. User Warranties and Representations
By accessing or using the Platform provided by CostApple Users warrant and represent that:
a) They have the legal capacity and authority to enter into and abide by these Terms of Service.
b) They will comply with all applicable laws, regulations, and policies while using the Platform.
c) They will provide accurate, truthful, and complete information when registering for an account and using the Platform.
d) They will not engage in any conduct that violates the rights of the Company or any third party, including but not limited to intellectual property rights, privacy rights, and contractual rights.
e) They will not use the Platform for any unlawful, fraudulent, or malicious purposes, or to engage in any activities that could harm or disrupt the Platform or its users.
f) They are solely responsible for their interactions and communications with other users of the Platform.
g) They will not hold the Company responsible for any disputes, damages, losses, or liabilities arising from their interactions or communications with other users.
h) They will not hold the Company liable for any content or information posted, transmitted, or shared by other users on the Platform.
13.1 Compliance with Australian Consumer Laws
By accessing or using the Platform, Users represent and warrant that they will comply with all applicable Australian Consumer Laws, including but not limited to the Competition and Consumer Act 2010 (Cth) and any relevant state or territory legislation.
13.2 Product Safety Standards
Users warrant and represent that any tools or goods they share through the Platform comply with all applicable product safety standards and regulations under Australian law. Users shall ensure that shared items are safe for use and free from defects or hazards that may pose a risk to others.
13.3 Warranties
Users represent and warrant that any descriptions, representations, or warranties provided regarding shared items are accurate, truthful, and not misleading. Users shall not make any false or deceptive statements regarding the condition, functionality, or quality of shared items.
13.4 Indemnification
Users agree to indemnify and hold harmless CostApple its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, losses, costs, or expenses arising out of or in connection with any breach of the representations and warranties provided herein.
13.5 No Agency or Representation
Users acknowledge and agree that they are not agents or representatives of the Company, and that they do not have the authority to act on behalf of the Company or bind the Company in any manner.
13.6 Disclaimer of Company Liability
Users understand and agree that the Company is not a party to any disputes, conflicts, or interactions between users, and that the Company shall not be liable for any damages, losses, or liabilities arising from such disputes or interactions.
13.7 Release of Company Liability
Users release and discharge the Company and its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, losses, or liabilities arising from their use of the Platform or their interactions with other users.
14. Intellectual Property
14.1 The Company including all software, technology, content, and materials provided or made available through the Platform, is owned, and controlled by the Company and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. The Company reserves all rights not expressly granted to you under this Agreement. You acknowledge and agree that the Company or its licensors retain exclusive ownership of all Intellectual Property Rights associated with the Platform and any related modifications or enhancements.
14.2 Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for their personal, non-commercial use in accordance with the Terms of Service. Users may not reproduce, distribute, modify, create derivative works of, publicly display, or perform any content from the Platform without the prior written consent of the Company. Users may not use any trademarks, logos, or other proprietary graphics of the Company without the Company’s express written permission.
14.3 Users retain ownership of any data, content, or other materials provided or transmitted by them through the Platform (“User Data”). By uploading, transmitting, or sharing User Data through the Platform, users grant the Company a worldwide, royalty-free, irrevocable, non-exclusive sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, and display such User Data solely for the purpose of providing the services and fulfilling its obligations under these terms of service.
14.4 Notwithstanding any provision in these Terms, the Company may collect and utilise usage data to enhance, develop, support, and operate its products and services. The Company shall not disclose any usage data containing User’s Confidential Information to any third party except to the extent permitted by Data Protection Laws, when Usage Data is anonymised, de-identified, and/or aggregated to a degree that it can no longer directly or indirectly identify User or any specific individual.
14.5 The Company shall adhere to all applicable Data Protection Laws when collecting, processing, and utilising usage data, ensuring that the privacy and confidentiality of User’s information are maintained at all times.
14.6 Users may provide feedback, suggestions, or other comments to the Company regarding the Platform or its associated services (“Feedback”). The Company shall own all rights, title, and interest in and to any Feedback provided by users, and users hereby assign to the Company all rights, title, and interest in and to such Feedback.
14.7 Except for the limited license expressly granted herein, no other rights or licenses are granted to Users in connection with the Platform or its associated services. All rights not expressly granted herein are reserved by the Company.
14.8 The Platform may contain content, materials, or services provided by third parties (“Third-Party Content”). Third-party Content may be subject to additional terms and conditions, and your use of Third-Party Content is governed by such terms and conditions. The Company does not endorse, guarantee the accuracy, or assume any responsibility for any third-party content, and Users access such content at their own risk.
14.9 Users acknowledge and agree that they do not acquire any ownership rights in the Platform or its associated services, and that all ownership rights remain vested in the Company and/or its licensors.
14.10 Except for the rights or licenses explicitly granted to you under this Agreement, the Company or its licensors retain all rights, title, and interest, including all Intellectual Property Rights, in and to the Service provided herein; and any modifications, improvements, customisations, patches, bug fixes, updates, enhancements, aggregations, compilations, derivative works, translations, and adaptations to the Service.
15. User Reviews
The Platform facilitates a user review system, where members can leave reviews for one another based on their interactions and experiences using the Platform.
15.1 Purpose of Reviews
The review system is intended to promote transparency, accountability, and trust among members of the Platform community. Reviews provide valuable feedback for other users and help to maintain the quality of service offered through the Platform.
15.2 Review Guidelines
a) Users are encouraged to leave honest, constructive, and respectful reviews based on their personal experiences using the Platform.
b) Reviews should be relevant to the specific service provided or interaction experienced and should not include irrelevant or inappropriate content.
c) Users should refrain from leaving reviews that contain personal attacks, discriminatory language, or false or defamatory statements.
15.3 Review Moderation
The Company reserves the right to moderate reviews to ensure compliance with the review guidelines outlined in this Section. Reviews that violate the review guidelines may be edited or removed by the Company at its discretion.
15.4 Response to Reviews
Users may have the opportunity to respond to reviews left by other members. Responses should be respectful and constructive, addressing any concerns or feedback raised in the review.
15.5 Consequences of Misuse
Users who misuse the review system by leaving false, misleading, or malicious reviews may be subject to disciplinary action, including account suspension or termination.
15.6 No Liability for Reviews
The Company disclaims any liability for the content of user reviews. Reviews reflect the opinions of individual users and do not necessarily represent the views or opinions of the Company.
16. User Safety
16.1 The Company encourages users of the Platform to engage in pre-meeting communication with other users before meeting in person or sharing items such as tools. The purpose of pre-meeting communication is to allow users to ask questions, clarify details, and establish trust and confidence in their interactions with other users.
16.2 Users are encouraged to communicate openly and transparently with each other through the Platform’s messaging system or other communication channels provided by the Company.
16.3 Users may ask questions, seek clarification, and discuss any concerns or preferences related to the proposed meeting or item sharing arrangement.
16.4 Users may exchange relevant information, such as availability, location, item condition, and any specific requirements or expectations, to ensure a mutually beneficial and satisfactory experience.
16.5 Users should feel empowered to ask questions, express concerns, and take appropriate precautions to ensure their safety and well-being during interactions with other users.
16.6 No Obligation to Meet
Users are under no obligation to meet in person or share items with other users if they do not feel comfortable or confident in doing so. Users should trust their instincts and exercise caution when arranging meetings or item sharing arrangements through the Platform.
16.7 Safety and Privacy
Users should prioritize their safety and privacy at all times and take appropriate precautions when interacting with other users, including meeting in public places and avoiding sharing personal or sensitive information.
16.8 Compliance with Terms of Service
Users must comply with all applicable terms and conditions outlined in these Terms when engaging in pre-meeting communication and interactions with other users.
17. Disclaimer: Interactions and Use of Services
17.1 Disclaimer of Liability
The Company provides the Platform as a venue for users to connect and facilitate interactions such as tool sharing and carpooling. However, the Company does not assume responsibility for the interactions between users or for any consequences arising from such interactions. Users acknowledge and agree that the Company is not responsible for any damage to property, lost property, or injury resulting from interactions with other users or the use of tools or carpooling services facilitated through the Platform.
17.2 User Responsibility
Users engage in interactions with other users and use services such as tool sharing and carpooling at their own risk. The Company encourages users to exercise caution, diligence, and common sense when arranging and participating in such interactions. Users are solely responsible for assessing the suitability, safety, and reliability of other users and the services offered through the Platform. The Company does not endorse or guarantee the quality, accuracy, or safety of any user or service.
17.3 Assumption of Risk
By accessing or using the Platform, Users acknowledge and accept the inherent risks associated with interacting with other users and using shared services. These risks include but are not limited to property damage, lost property, and personal injury. Users agree to hold the Company harmless from any claims, liabilities, damages, losses, costs, or expenses arising from their interactions with other users or the use of shared services facilitated through the Platform.
17.4 Release of Liability
To the fullest extent permitted by law, Users release the Company and its affiliates, officers, directors, employees, agents, and licensors from any liability for any claims, damages, losses, or injuries arising from interactions with other users or the use of shared services.
17.5 No Warranty
The Company disclaims all warranties, express or implied, regarding the interactions between users and the use of shared services, including but not limited to warranties of merchantability, fitness for a particular purpose, and noninfringement.
18. Disclaimer of Warranties
18.1 The Platform is provided on an “as is” and “as available” basis, without any warranties or representations of any kind, express or implied. The Company disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
18.2 Users access and use the Platform at their own risk. The Company does not warrant that the Platform will be errorfree, uninterrupted, secure, or free from viruses or other harmful components.
18.3 The Company does not warrant the accuracy, completeness, or reliability of any content or information provided on the Platform, or the quality, safety, or legality of any goods or services obtained through the Platform.
18.4 The Company makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Platform, including but not limited to the accuracy, completeness, reliability, suitability, or availability of the platform or its content.
18.5 The Company does not warrant or make any representations regarding the use or the results of the use of the Platform in terms of its correctness, accuracy, reliability, or otherwise.
18.6 The User acknowledges and agrees that the use of the Platform involves inherent risks and uncertainties, including but not limited to the risk of data loss, unauthorised access, or system failures.
18.7 The User further acknowledges and agrees that it is solely responsible for evaluating the suitability, appropriateness, and risks associated with the use of the Platform, and for making decisions based on its own judgment and discretion.
18.8 No Endorsement
The Company does not endorse, warrant, or guarantee the actions, products, services, or content of any third parties, including other users of the Platform. Any reference to a third party, product, service, or website on the Platform does not constitute an endorsement or recommendation by the Company.
18.9 No Liability
The Company disclaims any liability for any damages or losses arising out of or in connection with the use of the Platform, including but not limited to direct, indirect, incidental, consequential, or punitive damages, even if the Company has been advised of the possibility of such damages. Users agree to hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses arising from their use of the Platform.
19. Complaint and Concerns Procedure
19.1 Reporting Process
If a User encounters any issues, concerns, or complaints related to another user’s behaviour or actions, they are encouraged to report the matter to the Company promptly.
19.2 Submission of Complaint or Concern
Users can submit a complaint or express their concerns by contacting the Company’s customer support team through the designated communication channels provided on the Platform. This may include email, in-app messaging, or other contact options as specified by the Company.
19.3 Information Required
When filing a complaint or expressing concerns, users should provide as much relevant information and detail as possible to facilitate the investigation process. This may include the username or profile of the user in question, a description of the incident, behaviour, or concern, and any supporting evidence or documentation.
19.4 Confidentiality and Privacy
The Company will handle all complaints and concerns with the utmost confidentiality and respect for user privacy. Information provided during the complaint or concern process will be used solely for the purpose of investigating and addressing the reported issue.
19.5 Timely Response
The Company is committed to promptly addressing and resolving complaints and concerns submitted by users. Upon receiving a complaint or concern, the Company will initiate an investigation and provide updates to the reporting user as appropriate.
19.6 Resolution and Action
Depending on the nature and severity of the reported issue or concern, the company may take appropriate action to address it. This may include warnings, sanctions, suspension, or termination of the user’s account, in accordance with the Platform’s policies and guidelines.
19.7 Feedback and Follow-Up
The company welcomes feedback from Users regarding the complaint and concern process and its outcomes. Users who file complaints or express concerns will be provided with an opportunity to provide feedback or additional information, and the Company will follow up accordingly.
19.8 Documentation and Records
The Company will maintain records of all complaints, concerns, and the actions taken in response. This documentation may be used for reference and future investigations as needed.
20. Term and Termination
20.1 Term of Agreement
The term of this Agreement shall commence upon the user’s acceptance of these Terms and shall continue until terminated as provided herein.
20.2 Termination by User
Users may terminate this Agreement at any time by ceasing to use the Platform and closing their account, if applicable.
20.3 Termination by Company
The Company reserves the right to suspend or terminate a User’s access to the Platform, or to terminate this Agreement, at its sole discretion and without prior notice, for any reason or no reason, including but not limited to:
a) User’s breach of the Terms of Service or any other policies or guidelines provided by the Company,
b) User’s violation of any applicable laws or regulations,
c) User’s misuse or abuse of the Platform,
d) User’s involvement in fraudulent or illegal activities,
e) Using the Platform for commercial purposes.
f) User’s failure to pay any applicable fees or charges,
g) User’s inactive or dormant account for an extended period of time,
h) Any other conduct that the Company deems to be harmful or disruptive to the Platform or its users.
20.4 Effect of Termination
Upon termination of this Agreement, all rights and licenses granted to the user under the Terms of Service shall immediately cease, and the user shall cease all use of the Platform. The Company may, in its sole discretion, delete or deactivate the user’s account and any content or information associated with the account, without liability to the user.
21. Survival
Upon the termination or expiration of this Agreement for any reason, any provisions of this Agreement that, by their nature, should survive termination or expiration, shall continue to remain in full force and effect. Such provisions may include, but are not limited to, provisions related to indemnification, limitation of liability, intellectual property rights, and any other obligations or rights of the parties that are intended to survive beyond the termination or expiration of this Agreement.
22. No Agency or Partnership
The parties acknowledge and agree that nothing in these Terms shall be construed as creating or establishing any agency, partnership, joint venture, employment, or franchise relationship between the Company and its users.
23. Modification of Terms
23.1 The Company shall not be a party to any disputes, claims, or controversies between users of the Platform.
23.2 Users agree to resolve any disputes, claims, or controversies arising between them directly and independently, without involving the Company.
23.3 Release of Company Liability
Users release the Company and its affiliates, officers, directors, employees, agents, and licensors from any liability for disputes, claims, or controversies between users.
23.4 Company Not Obligated to Mediate
The Company is not obligated to mediate, arbitrate, or intervene in any disputes between users, and shall have no liability for any actions or omissions related to such disputes.
23.5 User Indemnification
Users agree to indemnify, defend, and hold harmless the Company from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with disputes between users.
23.6 No Implied Participation
The Company’s provision of the Platform does not imply any participation in or endorsement of any disputes between users. Users agree that the Company’s role is limited to providing the technology platform for facilitating interactions between users.
23.7 Indemnification
You agree to indemnify, defend, and hold harmless CostApple, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
a) Your use of the Platform, including but not limited to any violations of these Terms of Service, infringement of any intellectual property rights, or breach of any obligations or representations made herein;
b) Any content or data uploaded, stored, transmitted, or otherwise made available by you through the Platform;
c) Any unauthorised access to or use of your account or the Platform, including but not limited to any breach of security resulting from your failure to maintain the confidentiality of account credentials;
d) Any dispute or interaction between the User and any third party, including but not limited to other users of the Platform;
e) Any violation by the User of any applicable laws, regulations, or third-party rights;
f) Any negligent or wrongful act or omission of the User.
24. Limitation of Liability
In no event shall CostApple, its affiliates, directors, officers, employees, agents, or licensors be liable to the User or any third party for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with the use of the Platform or its related services, regardless of the theory of liability (contract, tort, or otherwise) and even if CostApple has been advised of the possibility of such damages. CostApple’s total liability to the User for all claims arising out of or in connection with these Terms of Service, whether in contract, tort(including negligence), or otherwise, shall not exceed the total amount paid by the User to CostApple under these Terms of Service during the twelve (12) months immediately preceding the event giving rise to such liability.
25. Force Majeure
25.1 CostApple shall not be liable for any failure or delay in performing its obligations under these Terms of Service to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government action, labour disputes, power outages, or internet service disruptions (“Force Majeure Event”).
25.2 CostApple shall promptly notify the Customer in writing of the occurrence of any Force Majeure Event and the anticipated duration of the delay in performance.
25.3 In the event of a Force Majeure Event, CostApple’s obligations under these Terms of Service shall be suspended for the duration of the Force Majeure Event, and CostApple shall be granted a reasonable extension of time to perform its obligations.
25.4 CostApple shall not be liable for any damages or losses incurred by the Customer as a result of any failure or delay in performance caused by a Force Majeure Event.
25.5 CostApple shall use reasonable efforts to mitigate the effects of any Force Majeure Event and to resume performance of its obligations as soon as practicable following the cessation of the Force Majeure Event.
25.6 The occurrence of a Force Majeure Event shall not constitute a waiver of CostApple’s rights or remedies under these Terms of Service, nor shall it relieve the Customer of its obligations under these Terms of Service.
25.7 These Terms of Service shall remain in full force and effect, except for the obligations affected by the Force Majeure Event, which shall be suspended or terminated as provided herein.
26. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
27. Third Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control no input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
28. Third-Party Links
Certain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
29. Dispute Resolution
29.1 Negotiation
In the event of any dispute or disagreement arising out of or in connection with these Terms, the Parties agree to first attempt to resolve the matter amicably through good-faith negotiations. Either Party may initiate the negotiation process by providing written notice to the other party outlining the nature of the dispute.
29.2 Mediation
If the dispute cannot be resolved through negotiation within five (5) business days, the parties agree to submit the dispute to mediation. The mediation shall be conducted in accordance with the rules of a recognised mediation body or the Resolution Institute. The Parties shall jointly appoint a mediator, or if they fail to agree on a mediator within five (5) business days, a mediator shall be appointed by the Resolution Institute. The mediation shall take place at a mutually agreed location within [State]. The Parties shall participate in the mediation process in good faith and share the costs of the mediation equally.
29.3 Arbitration
If mediation does not result in a resolution within five (5) business days from the commencement of the mediation, or if either Party fails to participate in the mediation, the dispute shall be referred to and finally resolved by arbitration. The arbitration shall be conducted in accordance with the rules of the Resolution Institute, and the seat of arbitration shall be [State]. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said rules. The decision of the arbitrator shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction.
30. Notices
Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be in writing and may be delivered by email to the following email addresses:
Company:
CostApple
Email: support@costapple.com
User:
[Name]
[Address]
Email:
Any notice, request, demand, or communication shall be deemed properly given if it is delivered as specified above or to such other email address as the Party to be notified may subsequently designate by written notice.
31. Discontinuance
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
32. Severability
If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.
33. No Waiver
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
34. Interpretation
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
35. Entire Agreement
These Terms and any policies or operating rules posted by us on this Site or in respect to our Platform and related services constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Platform and related services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
36. Governing Law
Your use of our Site or our Platform and related services are governed by the laws of Victoria Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
37. Contact
Any questions or complaints relating to these Terms, or our services should be directed to our owner/director by emailing [email].
Last Updated 10/04/24