CABINKEEP APP USER TERMS AND CONDITIONS
1. INTRODUCTION
1.1 The CabinKeep App made available through a mobile application is owned and operated by The HouseHub Co Pty Ltd (ACN 690 827 117) (CabinKeep[a][b], we, our or us).
1.2. By downloading, accessing, and using the CabinKeep App, you acknowledge that you have read, understood and accept these CabinKeep App User Terms and Conditions (Agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this Agreement, you must not access and use the CabinKeep App.
1.3. In this agreement, you and your means the person, who downloads, accesses or uses the CabinKeep App and who creates an account on the CabinKeep App.
2. CABINKEEP APP
2.1. The CabinKeep App is a mobile application that assists users to monitor, track and manage their household shopping and domestic inventory items and to share shopping lists and domestic inventory lists and tasks with your Authorised Users[c][d].
2.2. By downloading, accessing, and using the CabinKeep App, CabinKeep grants you a non-exclusive, non-transferable, personal, revocable, and non-sublicensable license to download, install, access, and use the CabinKeep App for the Subscription Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this Agreement.
3. SUBSCRIPTION TERM
3.1. This Agreement will commence on the date you download and access the CabinKeep App (Commencement Date) and shall continue until terminated in accordance with its terms (Subscription Term), unless you terminate the Agreement during the Trial Period in accordance with clause 3.2.
3.2. If you do not wish to continue to access and use the CabinKeep App following the expiry of the Trial Period, you must terminate the Agreement prior to the expiry of the Trial Period by cancelling your subscription through the Apple Pay or Google Pay on your mobile device. [e][f]
4. CHANGES
4.1. We reserve the right to change any provision of this Agreement in any way, and we may, in our absolute discretion, change the Subscription Fees and/or add, change or remove any functions or features of the CabinKeep App or any other ancillary products or services offered on, or via, the CabinKeep App with, or without notice, to you.
4.2 If we provide you with notice of changes to this Agreement, we shall do so by posting it on the CabinKeep App.
5. REGISTRATION AND ACCESS
5.1. To access and use the CabinKeep App, you must:
a. download the CabinKeep App onto your mobile device (available on the App Store and the Google Play Store);
b. create and setup an account on the CabinKeep App (Account). Your Account will be operated by a username selected by you (Username). When you setup your Account and each time you access the CabinKeep App, we will send you a one-time password by phone number which you must input into the CabinKeep App to complete the verification process and each time you access the CabinKeep App. The one-time password expires after 5 minutes and if you fail to input the one-time password into the CabinKeep App within this time, you will need to request a new one-time password to complete the verification process or to access the CabinKeep App;
c. will be required to provide, and keep us up-to-date with, accurate registration information and Personal Information (including full name, mobile number, date of birth and profile picture). All Personal Information, as well as the information you provide to setup your Account is subject to our Privacy Policy; and
d. be over 18 years of age, and legally able to enter into contractual relations. If you are under the age of 18 years, you must not access and use the CabinKeep App. Your continued use of the Account constitutes an acknowledgement by you that you are over 18 years of age. We reserve the right to ask for proof of age from you and your Account may be suspended until satisfactory proof of age is provided.
5.2. You are responsible for:
a. maintaining control over, and the confidentiality of, your Account and Username;
b. keeping your Account registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the CabinKeep App;
c. notifying us in writing of any unauthorised access to, or use of, your Account and Username; and
d. for all activities or transactions that occur using your Account. We are not liable for any loss or damage arising out of or in connection with, any unauthorised access or use of, your Account and Username.
5.3. We have the right to suspend or terminate your Account or your access to or use of all or any part of the CabinKeep App, at any time, if, in our opinion, you misuse the CabinKeep App or you fail to comply with any of the provisions of this Agreement.
6. CONNECTING WITH OTHER USERS
6.1. At any time during the Subscription Term, you may invite Authorised Users to access your User Content through the CabinKeep App. Authorised Users must first download the CabinKeep App and create an Account before they can access your User Content. To invite Authorised Users, you must use the ‘invitation’ function in the CabinKeep App to send them an invite code to join.
6.2. When an individual uses the invite code to join, they must, if they so wish, create an Account in accordance with the registration process in clause 5 and pay the Subscription Fee to access and use the CabinKeep App.
6.3. You acknowledge that:
a. Authorised Users will be able to create, edit, upload, download, access, and delete your User Content on or via, the CabinKeep App[;
b. at any time you can revoke an Authorised User’s access to your User Content and for any reason or for no reason at all, by using the ‘remove user’ function in the CabinKeep App, in which case that person will cease to be an Authorised User; and
c. if there is any dispute between you and an Authorised User regarding access to your User Content, you shall decide whether the Authorised User shall have access to your User Content.
7. YOUR OBLIGATION
7.1. When accessing and using the CabinKeep App, you must at all times:
a. obtain and maintain all hardware, software and communications equipment necessary to download, access, and use, the CabinKeep App;
b. comply with all Relevant Laws with respect to your obligations under this Agreement; and
c. comply with all of our directions, policies and guidelines advised in writing to you or as displayed on the CabinKeep App from to time to time.
7.2. CabinKeep will not be liable to you or anyone else if, for any reason, the CabinKeep App is unavailable at any time or for any period. From time to time, CabinKeep may suspend or restrict access to all, or some parts of the CabinKeep App. You are responsible for making all arrangements necessary for you to download, access and use the CabinKeep App.
7.3. You must not:
a. introduce, access, store, distribute or transmit any viruses, worm, trojan, or other malicious code into the CabinKeep App.
b. violate any CabinKeep IP or any third party’s Intellectual Property Rights.
c. copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit, or distribute all or any portion of the CabinKeep App, or any other third party software that you may access or use through the CabinKeep App, in any way.
d. access all or any part of the CabinKeep App in order to build a product, service or code which competes or reproduces the CabinKeep App (in full or part);
e. modify, alter, adapt, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the CabinKeep App in any way, or otherwise learn the source code or algorithms underlying the CabinKeep App.
f. license, sell, rent, lease, sub-let, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, encumber or otherwise make the CabinKeep App available to any third party;
g. use the CabinKeep App for any unlawful purpose or other purpose not authorised by CabinKeep in writing; and
h. engage in any activity or conduct that is in breach of any Relevant Laws.
8. USER CONTENT
8.1. When you create your Account (and when you invite an Authorised User to use the CabinKeep App) and each time you (and your Authorised Users) access and use the CabinKeep App, you (and your Authorised Users) will be required to provide us with User Content. To the maximum extent permitted by Relevant Laws, we do not warrant that User Content displayed or published on the CabinKeep App by you, or any of your Authorised Users is accurate, complete, reliable, current, or error-free, nor do we make any warranty about the standard or quality of any products, services, User Content, or Content displayed on, or via, the CabinKeep App.
8.2. We disclaim all liability and responsibility arising from any reliance placed on such User Content. You and your Authorised Users (and not CabinKeep) are solely responsible for the completeness, accuracy, reliability, legality, and quality of any User Content published by you and your Authorised Users on, or via, the CabinKeep App.
8.3. For the Subscription Term, you grant CabinKeep a worldwide, non-exclusive, royalty-free, sub-licensable, and transferrable licence to use, disclose, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, the User Content (and all Intellectual Property Rights contained therein) for any purpose, including for the purpose of:
a. enabling CabinKeep to provide the CabinKeep App to you (and your Authorised Users) and otherwise perform our obligations and exercising our rights under this Agreement;
b. informing you and your Authorised Users about other products or services that CabinKeep may offer from time to time or in relation to third party products and/or services offered by us, our Affiliates or our third party providers;
c. complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings, or in response to a law enforcement agency request;
d. using usage patterns, trends, and other statistical or behavioural data derived from use of the CabinKeep App for the purposes of providing, operating, maintaining, or improving the CabinKeep App, or our other products and services; and
e. sharing User Content with an Affiliate or other third party (with whom CabinKeep may contract or be affiliated with from time to time) for the purposes of performing or improving the CabinKeep App.
8.4. In the event of any Loss to User Content, your sole and exclusive remedy shall be for CabinKeep to use reasonable endeavours to restore the User Content, that is lost or damaged, from the latest back-up of User Content maintained by CabinKeep in accordance with our standard archiving and backup procedures.
8.5. CabinKeep App shall not be responsible for any Loss, destruction, alteration, corruption, or disclosure of User Content caused by CabinKeep, your acts or omissions, or the acts of omissions of your Authorised Users or other users of the CabinKeep App or any third party.
8.6. You agree to make your own enquiries to verify information displayed on, or via, the CabinKeep App (including User Content and Content) and to assess the suitability of any information before relying upon such information. If you or your Authorised Users choose to rely upon any information displayed or listed on, or via, the CabinKeep App and/or the services (including User Content and Content), you (and your Authorised Users) do so at their own risk.
9. SUBSCRIPTION FEES
9.1. Except during the Trial Period, to access and use the CabinKeep App, you must pay the Subscription Fee in advance on a monthly or annual basis and other amounts owing to us under this Agreement during the Subscription Term.
9.2. All Subscription Fees are in Australian Dollars and are inclusive of any goods and services taxes. [q][r]To the maximum extent permitted by Relevant Laws Agreement and except as otherwise stipulated in this Agreement, the Subscription Fees and all other amounts owing to CabinKeep under this Agreement are non-refundable.
9.3. When setting up your Account, you will be offered payment options to pay the Subscription Fees. CabinKeep may, at our absolute discretion and without notice to you, change the payment method that can be used to access and use the CabinKeep App at any time.
9.4. Payment of the Subscription Fees and all other amounts owing to CabinKeep under this Agreement are made by means of direct debit in accordance with the Direct Debit Authority in clause 10. By making payment of the Subscription Fees or any other amount owing to CabinKeep under the Agreement, you will provide our Third-Party Payment Processors with accurate and complete billing information, and you authorise our Third-Party Payment Processors to access your billing information (including Personal Information) for the purpose of processing your payment.
9.5. CabinKeep may increase our Subscription Fees for the provision of the CabinKeep App or charge additional fees to access new functions or features of the CabinKeep App at any time upon [eg 30][s] days’ written notice to you. The fee increases will come into effect in the next billing cycle. If you do not agree to these fee increases, you may terminate this Agreement by cancelling your subscription after the date you received written notice of the fee increases[t][u].
10. DIRECT DEBIT AUTHORITY
10.1 By accepting this Agreement, you authorise our Third-Party Payment Processors to debit from your credit or debit card or bank account (as applicable) the Subscription Fees (or any other amount owing to CabinKeep under this Agreement) as and when such fees are due and payable under this Agreement (Direct Debit Authority).
10.2. Renewal will automatically occur on a monthly or annual basis (depending on which one you choose) until cancelled through the App Store or Google Pay subscriptions pages. You may at any time, cancel or change your Direct Debit Authority by accessing the Apple Pay or Google Pay subscription page on your mobile device. If you cancel the Direct Debit Authority, CabinKeep will not be able to provide you with access to, and use of, the CabinKeep App beyond the current billing cycle, unless you provide our Third-Party Payment Processors with a new Direct Debit Authority. If our Third-Party Payment Processors cannot process a renewal payment (for example, due to an expired card or insufficient funds), your subscription will be automatically cancelled, and your access to the CabinKeep App will cease at that time.
10.3. It is your responsibility to ensure that there are sufficient funds available on your credit or debit card to allow each debit to be made in accordance with the Direct Debit Authority. If there are insufficient funds:
a. the transaction will be rejected, and the payment will be treated as if it were never made;
b. your financial institution may charge you a fee and/or interest; and
c. you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so our Third-Party Payment Processors can process the debit.
10.4. It is your responsibility to check your credit or debit card, or bank account statement (as applicable) to verify that the amounts debited from your credit or debit card, or bank account are correct.
10.5. If you believe that an error has been made in debiting your credit or debit card or bank account (as applicable), you should update your credit or debit card or bank account details by accessing the App Store or Google Play Store (as applicable) as soon as possible. All refund requests must be made directly to the Apple Pay or Google Pay and will be handled in accordance with their respective refund policies. CabinKeep cannot issue or guarantee refunds directly.
10.6. If you cancel the Direct Debit Authority, your right to access and use the CabinKeep App will cease at the end of the current billing cycle. If you wish to resubscribe, you will need to reactivate your Account within 30 days and pay the Subscription Fees prevailing at the time or if your Account has been deleted, you will need to create a new Account and pay the Subscription Fees prevailing at the time.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. You acknowledge that CabinKeep, or our licensors, are the owners of the CabinKeep App (and any Intellectual Property Rights contained therein) including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the CabinKeep App (including any modifications, enhancements of the foregoing) (collectively, CabinKeep IP)).
11.2. Accessing and using the CabinKeep App does not give you (or anyone else) ownership of, or any right, title, or interest of CabinKeep IP.
12. OUR OBLIGATIONS
12.1. Subject to your compliance with the terms of this Agreement, during the Subscription Term, CabinKeep shall use reasonable endeavours to provide you with access to and use of the CabinKeep App.
12.2. In the event that we fail to provide you with access and use of the CabinKeep App in accordance with clause 12.1, we will use reasonable endeavours to correct any such non-conformance or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 12.1.
13. NO WARRANTIES
13.1. To the maximum extent permitted by Relevant Laws, CabinKeep excludes all express or implied representations, conditions, statutory guarantees, warranties, and provisions (whether based on statute, common law or otherwise), in connection with the CabinKeep App.
13.2. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other international, national, State, or Territory legislation where to do so is unlawful.
13.3. You acknowledge, and agree that, to the maximum extent permitted by Relevant Laws, CabinKeep make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency, validity, or security of the CabinKeep App and CabinKeep will not be liable if the CabinKeep App, becomes unavailable for any reason, including directly, or indirectly as a result of:
a. telecommunications unavailability, interruption, delay, bottleneck, failure, or fault;
b. negligent, malicious, wilful acts, or omissions of third parties (including third party service providers), or other users;
c. maintenance or repairs carried out by CabinKeep or any third-party service provider in respect of any of the systems used in connection with the provision of the CabinKeep App;
d. services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
e. A Force Majeure Event.
13.4. You acknowledge that, to the maximum extent permitted by Relevant Laws, CabinKeep does not make any warranty or representation that:
a. your access to, and use of, the CabinKeep App will be uninterrupted, virus-free or error-free; and/or
b. the CabinKeep App will be accurate, complete, reliable, current, or is suitable for any particular purpose or use under any specific conditions, and so, is provided on an “as is” basis.
13.5. You acknowledge that your access to, and use of, the CabinKeep App may be interrupted or unavailable during scheduled or unscheduled maintenance.
14. LIMITATION OF LIABILITY
14.1. To the maximum extent permitted by Relevant Laws, CabinKeep will not be liable to you or any third party for:
a. any Claims or Losses (including Consequential Loss); or
b. loss of, or damage to, any property or any personal injury, illness or death to you, any third person,
arising out of, relating or connected to, the provision or use of the CabinKeep App (or our other products or services or any Third-Party Products and Services made available through the CabinKeep App) and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
14.2. All risks in using the CabinKeep App pass to you upon creating an Account or otherwise using the CabinKeep App (whichever is earlier). CabinKeep assumes no responsibility, and we have no liability to you or anyone else for any use of, or reliance on, any Content and/or Third Party Products and Services obtained or generated from your access to, and use of, the CabinKeep App.
14.3. To the maximum extent permitted by Relevant Laws, under no circumstances will CabinKeep’s aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence), or otherwise, exceed the amount you paid to CabinKeep under this Agreement in the one month immediately preceding the date on which the Claim giving rise to such liability arose.
14.4. You agree to defend, indemnify and hold CabinKeep, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims or Losses, that may be brought against the Indemnified, or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:
a. your access to, and use of, or reliance on the CabinKeep App (including the Content and Third-Party Products and Services);
b. the use by you or any third party of the CabinKeep App;
c. any breach of our or any third party’s Intellectual Property Rights or other rights caused by you; or
d. any breach by you of this Agreement.
15. THIRD PARTY PRODUCTS AND SERVICES
15.1. You acknowledge that the CabinKeep App may require you to use or access Third-Party Products and Services and that you do so solely at your own risk.
15.2. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such Third-Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third-Party Products and Services.
15.3. We recommend that you refer to the Third-Party Provider’s terms and conditions and privacy policy prior to using the relevant Third-Party Products and Services.
15.4. CabinKeep does not endorse, sponsor or approve any Third-Party Products and Services used in conjunction with the CabinKeep App. It is your sole responsibility to determine that specific products or services meet your business and are suitable for the purposes for which they are used.
15.5. Any rights you may have to access Third Party Products and Services shall be limited to:
a. the extent of CabinKeep’s ability to pass on such rights to you; or
b. the relevant Third-Party Provider’s licensor terms.
16. PRIVACY
All Personal Information you provide to open an Account and any other information you upload, share, or publish on, or via, the CabinKeep App, is subject to CabinKeep’s Privacy Policy, which is incorporated into this Agreement. CabinKeep will not share, sell or disclose your Personal Information to any third party. You warrant that any Personal Information or any other information disclosed by you to CabinKeep on, or via, the CabinKeep App:
a. it has been collected in accordance with Privacy Laws;
b. you have the authority to upload, post, publish, or otherwise transmit such information on, or via, the CabinKeep App; and
c. you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for CabinKeep to use, disclose, store, transfer, process, or handle it.
17. TERMINATION
17.1. During the Term you may terminate this Agreement at any time by deleting your Account using the ‘delete account’ function within the CabinKeep App. [ab][ac]
17.2. We may terminate or discontinue the CabinKeep[ad] App or any major functions or features of the CabinKeep App at any time (without liability to you) by [eg 14 days’] written notice to you, or by otherwise posting it on the CabinKeep App or the Website. [ae]
17.3. You agree that CabinKeep may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):
a. your Account; and/or
b. the CabinKeep App; and/or
c. any social media pages linked to its business or the CabinKeep App; and/or
d. any other products and services offered on, or via the CabinKeep App (including Third Party Products and Services).
17.4. Cause for such suspension or termination under clause 17.3 may include, but are not limited to:
a. any serious or repeated breaches or violations of this Agreement, our policies and guidelines (including our Privacy Policy) and any other Agreements entered into between the parties;
b. serious or repeated breaches or violations of CabinKeep’s or another person’s Intellectual Property Rights or privacy rights;
c. except during the Trial Period, your failure to pay the Subscription Fees to access and use the CabinKeep App;
d. your activities, conduct or transactions on, or, via, the CabinKeep App, brings, or has the capacity to bring, CabinKeep into disrepute; and
e. requests by law enforcement or other government agencies.
17.5. You agree that all such suspensions or terminations shall be made at CabinKeep’s sole discretion and that CabinKeep shall not be liable to you or any third party for any such suspension or termination.
18. EFFECT OF TERMINATION
On termination of this Agreement for any reason:
a. CabinKeep will disable your Account and you will no longer be able to access and use the CabinKeep App. All information that is no longer needed will be securely destroyed or de-identified; however, CabinKeep will be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws; and
b. all licences to use the CabinKeep App granted under this Agreement will immediately terminate.
19. FORCE MAJEURE EVENT
CabinKeep shall not be responsible to you (or anyone else) if we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, hacker attacks, denial of service attacks, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).
20. DISPUTE RESOLUTION
20.1. Any party claiming a dispute exists under the Agreement must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought.
20.2. The parties must attempt in good faith to resolve any dispute between them first.
20.3. If the dispute cannot by resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.
20.4. Each party must continue to fulfil its obligations under this Agreement notwithstanding the existence of any unresolved dispute.
21. NOTICES
21.1. By accessing and using the CabinKeep App, you accept that communication with us will be mainly electronic. We will provide you with information by posting notices on the CabinKeep App or our Website.
21.2. You acknowledge that all contracts, notices, information, and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
21.3. Notice will be deemed received and properly served immediately when posted on the CabinKeep App or Website and as proof of service, it is sufficient.
22. UPDATES AND VARIATIONS
22.1. Without notice to you, CabinKeep may, at our absolute discretion, from time to time:
a. change, add or delete the functions, features, performance, or other characteristics of the CabinKeep App; or
b. apply or install updates to, or new versions of, the CabinKeep App.
22.2. You acknowledge that the Content on the CabinKeep App is subject to change at any time and may be out of date at any given time. CabinKeep are under no obligation to:
a. update, correct or fix any Content or errors in the CabinKeep App; and/or
b. notify you of any changes to the Content or the CabinKeep App unless required by a Relevant Law to do so.
22.3. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on the CabinKeep App. Any changes are effective immediately upon posting to the CabinKeep App. Your continued use of CabinKeep App thereafter constitutes your acceptance of all such changes to the Agreement.
22.4. Please read this Agreement before using the CabinKeep App as the Agreement may have changed since the last time you accessed and used the CabinKeep App. If you do not agree to any change, then you must immediately cease using the CabinKeep App.
23. SUPPORT SERVICES
23.1. CabinKeep may, at our absolute discretion, provide you with customer support services during Business Hours, in accordance with CabinKeep’s standard support services and maintenance policy (as amended from time to time).
23.2. If you require customer support services or you are having difficulties accessing and using the CabinKeep App, you may contact us via email at contact@thehousehubapp.com
24. GENERAL
24.1. If any provision in this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement, which, will continue in full force and effect.
24.2. No agency, principal-agent, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and us by this Agreement.
24.3. You agree to not, assign, transfer, charge, sub-contract, or deal in any other manner with all or any of your rights or obligations under this Agreement (without first seeking our written consent).
24.4. This Agreement, and any other documents referred to in it, represent the entire Agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings, or statements (whether verbal, in writing, or in some other format).
24.5. Provisions of this Agreement, which are either expressed to survive its termination, or from their nature or context it is contemplated that they are to survive, will remain in full force and effect notwithstanding such termination. Without limitation, the parties agree that clauses 7.2, 7.3, 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 20, 21 and 24 will survive the termination of this Agreement. Further, any indemnity obligations under this Agreement are independent and survives termination of this Agreement.
24.6. The laws of Queensland, Australia govern this Agreement. You agree to submit to the exclusive jurisdiction and authority of the Courts of Queensland, Australia.
25. DEFINITIONS
In this Agreement, the following words shall have the following meanings:
a. Account has the meaning in clause 5.1(b)
b. Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
c. Authorised User means a family or friend invited and authorised by you to access your User Content on, or via, the CabinKeep App.
d. Business Days means each day excluding Saturdays, Sundays and public holidays in Queensland, Australia.
e. Business Days means 9:00am to 5:00pm on Business Days.
f. Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
g. Commencement Date has the meaning in clause 3.1.
h. CabinKeep, our, us or we have the meaning in clause 1.1, and where the context permits, includes our Personnel and Affiliates.
i. CabinKeep App means the mobile application owned, operated and managed by CabinKeep, including any systems, Content and server software, the computer hardware, tools, application, database, systems, and all Intellectual Property Rights contained therein, provided or otherwise made available by us.
j. CabinKeep IP has the meaning given to it by clause 11.1.
k. Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the CabinKeep App.
l. Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties on the Commencement Date as a likely result of breach of the Agreement:
i. direct, indirect, consequential, incidental, special, remote, or unforeseeable loss, damage, cost or expense.
ii. loss of revenue, profit, income, bargain, opportunity (including marketing or advertising opportunity), use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data;
iii. costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
iv. loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.
m. Force Majeure Event has the meaning in clause 19.
n. Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.
o. Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
p. Personnel means any director, officer, or employee or contractor, of a party.
q. Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
r. Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
s. Privacy Policy means our privacy policy available on the CabinKeep App or Website (or such other web address notified by us to you from time to time), which is incorporated into this Agreement.
t. Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.
u. Subscription Fees means the fees payable by you to access and use the CabinKeep App as further described on the CabinKeep App.
v. Subscription Term has the meaning in clause 3.1.
w. Third-Party Products and Services mean any software, products, services or content (including all Intellectual Property Rights contained therein) that:
i. are provided by third party providers.
ii. interoperate with the CabinKeep App; or
iii. may be identified as third party products or services.
X. Third-Party Payment Processors means Apple Pay and [an][ao]any other third party payment processor permitted by CabinKeep from time to time.
Y. Trial Period means seven consecutive days from the date you register and set up your Account.
Z. Username has the meaning in clause 5.1(b).
aa. User Content means all data, content, materials and information (including shopping lists and domestic inventory lists and tasks):
i. uploaded to, posted or stored on, the CabinKeep App by you or your Authorised Users;
ii. transmitted by the CabinKeep App at your investigation or at the instigation of your Personnel or your Authorised Users;
iii. supplied by you or your Authorised Users to CabinKeep for uploading to, transmission by, or storage on, the CabinKeep App; or
iv. generated by the CabinKeep App as a result of the use of the CabinKeep App by you or your Authorised Users,
but excluding CabinKeep IP.
bb. Website means the website located at https://www.thehousehubapp.com/ and any other website notified by us from time to time.
cc. you or your has the meaning in clause 1.3.[ap]