In these terms and conditions, “we” “us” and “our” refers toGlobal Property Specialists Pty Ltd.
We reserve the right to amend this Notice at any time andyour use of the website following any amendments willrepresent your agreement to be bound by these terms andconditions as amended. We, therefore, recommend that eachtime you access our website you read these terms andconditions.
We value privacy
We take the protection of your personal information very seriously.This policy is designed to describe the personal information wecollect, how we protect it and what we do with it.
From time to time, we may need to change this policy. If we do so,we will post the updated version onour website (www.crunchr.com.au/privacy-policy) and it will apply toall of your information held by us at the time.
Registration and Subscription
- You may access the Crunchr App for free, however not allservices will be available for free users.
- However, our services (including storage limit) mayupgrade or change from time to time, please refer to ourwebsite or user manual for further information.
- You agree to ensure that your registration details are trueand accurate at all times and you undertake to update yourregistration details from time to time when they change.
- On registration, you must create your own password.
- You agree to keep your payment and registrationinformation accurate, confidential and current on oursystem at all time.
- Unless otherwise specified, each CRUNCHR Account ormembership may only be used to support one person.
- We reserve the right to terminate, restrict, or suspend yourmembership or subscription at any time at our owndiscretion if you breach these terms and conditions or webelieve your activity is inappropriate or unlawful.
- Our services are provided to adults over the age ofeighteen (18) years. By proceeding to purchase throughthe Crunchr App or website, you acknowledge that youare over 18 years of age.
- All prices are in Australian Dollars (AUD) and areinclusive of GST unless otherwise specified on theCrunchr App or website.
- We endeavour to ensure that our price list is current. Ourprice list can be accessed via the Crunchr App or websiteand we reserve the right to amend our prices at any time.
- On subscription you agree to pay for our services ascurrently set out on our website or the Crunchr Appwhichever is latest published.
- We will charge a (monthly, 6 monthly or yearly)subscription fee periodically in advance from the date ofregistration and payment. You agree and authorise us toautomatically renew your subscription and charge thecurrent amount of subscription fee at one month beforethe end of the current subscription period. Yoursubscription and membership may be cancelled if we donot receive your subscription fee payment on time.
- You must provide at least one months notice to cancelyour subscription.
- When you cancel your subscription, we will not provideany refund for the remaining subscription period.However, you will still be able to access our service untilthe end of your subscription period.
- We provide no facility for users to put their account onhold.
- We provide data storage for your receipts. Your data,images, and / or files stored on our system will remainyour property. You hereby expressly grant us aworldwide, non-exclusive, royalty-free, perpetual,irrevocable, sub-licensable and transferable license to useyour data, information, images, and / or files in any wayfor the purpose of providing our service to you, and agreeto sign any documentation to that effect if require.
- We will endeavour to maintain the integrity of your data,images, and / or files, and keep them safe. We alsoendeavour to adhere the best practice policies andprocedures to prevent data loss, but do not make anyguarantees that there will be no loss of Data. We expresslyexclude liability for any loss of data regardless of itscause.
- You acknowledge and agree that once the account isterminated, we may not able to retrieve any data for you.Hence, you acknowledge that it is your responsibility tokeep a hard or soft copy of your receipts as a backup, andregularly export, and safely store spreadsheets anddownload images where entitled.
- Crunchr App is not a replacement of your hardcopyreceipts storage. You acknowledge that you must keep|your hard or soft copy receipts safe (and duplicate or backup) outside our system all data input into our system.
- We do NOT backup or keep any receipt data or image foruser(s) without subscription. If you registered for asubscription, you may not be able to access or retrieve anyof the data, Content or images you added or created usingCRUNCHR prior to subscription.
- When you visit our website or use our app, we give you alimited licence to access and use our information forpersonal use.
- You are permitted to download a copy of the informationon the Crunchr App or website to your computer for yourpersonal use only provided that you do not delete orchange any copyright symbol, trade mark or otherproprietary notice. Your use of our content in any otherway infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth),you are not permitted to copy, reproduce, republish,distribute or display any of the information on this websitewithout our prior written permission.
- The licence to access and use the information on ourwebsite does not include the right to use any data miningrobots or other extraction tools. The licence also does notpermit you to metatag or mirror our website without ourprior written permission. We reserve the right to serve youwith notice if we become aware of your metatag ormirroring of our website.
- This website may from time to time contain hyperlinks toother websites. Such links are provided for convenienceonly and we take no responsibility for the content andmaintenance of or privacy compliance by any linkedwebsite. Any hyperlink on our website to another websitedoes not imply our endorsement, support, or sponsorshipof the operator of that website nor of the informationand/or products which they provide.
- Linking our website is not permitted. We reserve the rightto serve you with notice if we become aware of suchlinking.
Intellectual Property Rights
- The copyright to all content on this website includingapplets, graphics, images, layouts and, text belongs to usor we have a licence to use those materials.
- All trade marks, brands and logos generally identifiedeither with the symbols TM or ® which are used on thiswebsite are either owned by us or we have a licence to usethem. Your access to our website does not license you touse those marks in any commercial way without our priorwritten permission.
- Whilst we take all due care in providing our services, wedo not provide any warranty either express or impliedincluding without limitation warranties of merchantabilityor fitness for a particular purpose.
- To the extent permitted by law, any condition or warrantywhich would otherwise be implied into these terms andconditions is excluded.
- We also take all due care in ensuring that our website isfree of any virus, worm, Trojan horse and/or malware,however, we are not responsible for any damage to yourcomputer system which arises in connection with your useof our website or any linked website.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010(“C&C Act”) defines a consumer. Under the C&C Actwe are a supplier of either goods or services or both toyou, and as a consumer the C&C Act gives you statutoryguarantees.
Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given byus to you if you are a consumer
- If you are a consumer within the meaning of Schedule 2of the C&C Act of our goods or services then we give youa warranty that at the time of supply of those goods orservices to you, if they are defective then:-
- We will repair or replace the goods or any part ofthem that is defective; or
- Provide again or rectify any services or part of themthat are defective; or
- Wholly or partly recompense you if they aredefective.
- As a consumer under the C&C Act you may be entitled toreceive from us notices under Schedule 2 section 103 ofthe C&C Act. In that regard:-
- If you are a consumer within the meaning ofSchedule 2 of the C&C Act and the goods or services weare providing relate to the repair of consumer goods thenwe will give you any notice which we are obliged to giveyou under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaininguser-generated data then we hereby give you notice thatthe repair of those goods may result in the loss of the data.
- You warrant that all the data, images, and / or files whichyou upload to our system will not breach any law, and wereserve the right to remove any unlawful data, images, and/ or files in our sole discretion. You acknowledge andagree that we shall not decline any legal request issued byany governmental institutions or organisations to accessyour information, data, images, and / or files.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule2 of the C&C Act then this clause applies to you. If youare a consumer within the meaning of the C&C Act thenthis clause has no effect whatsoever to in any way limitour liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability forbreach of an implied warranty or condition is limitedto the supply of the services again or payment of thecosts of having those services supplied again.
- We accept no liability for any loss whatsoeverincluding consequential loss suffered by you arisingfrom services we have supplied.
- We do not accept liability for anything contained inthe post of a user or in any form of communicationwhich originates with a user and not with Us.
- We do not participate in any way in the transactionsbetween our users.
- To the full extend permit by law, if You suffer loss ordamage as a result of our negligence or failure to complywith these Terms, any claim by You against us arisingfrom our negligence or failure will be limited in respect ofany one incident, or series of connected incidents, to theAccess Fees paid by You in the previous 30 days.
- You agree that you use the Crunchr App at your own risk.
- The Crunchr App is provided on an “as is” and “asavailable” basis without any representation orendorsement made and we make no warranties, whetherexpress or implied, in relation to it and its use.
- You must bear the risk associated with the use of theInternet. Whilst we will try to ensure that materialincluded on the Crunchr App or our Website is correct,reputable and of high quality, we cannot acceptresponsibility if this is not the case. We will not beresponsible for any errors or omissions or for the resultsobtained from the use of such information or for anytechnical problems you may experience with the CrunchrApp or Website. If we are informed of any inaccuracies inthe material on the Crunchr App or Website we willattempt to correct this as soon as reasonably possible.
- You acknowledge that we will not be liable for anydamage or loss, due to:
- Incompatibility of the Crunchr app or our websitewith any of your equipment, software ortelecommunications links;
- Technical problems including errors on, orinterruptions to usage of the Crunchr app or ourWebsite;
- Unsuitability or unreliability of the Crunchr app or ourWebsite;
- Inadequacy of the Crunchr app or our Website to meetyour requirements;
- To the full extent allowed by applicable law, any lossof profits, loss of business, loss of anticipated savings,wasted expenditure, loss of privacy and loss of data,pure economic loss or any consequential losses,indirect, incidental damages, special or punitivedamages whatsoever that arise out of or are related tothe Crunchr app, our Website, or materials youuploaded to our system, or any loss of stored data andinformation for any reason.
- Viruses or other computer bugs or malfunctionsacquired by you from the use of the Internet, theCrunchr app or our Website;
- In the case of the company ceasing operations;
- Modify or withdraw, temporarily or permanently, ofany material (or any part) of the Crunchr app or ourWebsite without notice to you, and you confirm thatwe shall not be liable to you for any modification to,or withdrawal of, the Crunchr App, our Website, or itscontents.
- You acknowledge that we do not provide any kind ofadvice, including but not limited to legal advice, financial,accounting and or tax advice, nor hold ourselves out toprovide advice of any kind.
- You acknowledge that when you authorise a third party asa guest user to your account, the guest user may haveaccess to all your data and information, includingdisclosing, adding, deleting, or modifying any of yourdata and information.
- When you authorise a third party to be a guest user ofyour account, you acknowledge and agree that you willassume all responsibilities and liabilities of any activitiesor omission of that third party. You agree to indemnifyand hold us harmless from all claims, actions, damages,costs and expenses including legal fees arising as a resultof any User’s breach of these Terms or infringement ofany law of your guest user.
- Whilst Crunchr app or our website intends that theServices should be available 24 hours a day, seven days aweek, it is possible that on occasions the Services orWebsite may be unavailable to permit maintenance orother development activity to take place. We shall not beresponsible for any losses incurred during this downtime.
- You acknowledge and agree that we, including alldirectors, employees, contractors, related and affiliatedpersons, are not responsible for the conduct or activities ofother users of Crunchr app.
- By accessing or using our app, you agree to indemnify andhold us harmless from all claims, actions, damages, costsand expenses including legal fees arising from or inconnection with any goods and services provided to youby a third party service provider, or a third party softwareor system, including but not limited to processing onlinepayments, integrating XLS to other accounting software,etc.
- By accessing or using our app, you agree to indemnifyand hold us harmless from all claims, actions, damages,costs and expenses including legal fees arising as a resultof any User’s breach of these Terms or infringement ofany law by using the Crunchr app.
- You acknowledge and agree that, in no circumstances willthe we be liable for any direct, incidental, consequential orindirect damages, loss or corruption of data, loss ofprofits, goodwill, bargain or opportunity, loss ofanticipated savings or any other similar or analogous lossresulting from a user’s access to, or use of, or inability touse the Crunchr app or any content, whether based onwarranty, contract, tort, negligence, in equity or any otherlegal theory, and whether or not the we knew or shouldhave known of the possibility of such damage, to businessinterruption of any type, whether in tort, contract orotherwise.
- Crunchr cannot and will not provide you with anyprotection, representation, or documentation for anyinvestigations or proceedings including but not limited totaxations Audit.
- By using these Services, you agree that we may market toyou or offer you access to products or services from thirdparties (“Third Party Products”). If you decide to use oraccess any Third Party Products, you agree that you aresolely responsible for your relationship with the providerof the product. CRUNCHR is not affiliated with ThirdParty Products and does not endorse or recommend anyThird Party Products. You agree that the providers of theThird Party Products, and not CRUNCHR are solelyresponsible for their own actions or inactions.CRUNCHR is not liable for any damages, claims orliabilities arising out of or related to any Third PartyProducts.
- These terms and conditions are to be governed by andconstrued in accordance with the laws of Queensland andany claim made by either party against the other which inany way arises out of these terms and conditions will beheard in Queensland and you agree to submit to thejurisdiction of those Courts.
- If any provision in these terms and conditions is invalidunder any law the provision will be limited, narrowed,construed or altered as necessary to render it valid butonly to the extent necessary to achieve such validity. Ifnecessary the invalid provision will be deleted from theseterms and conditions and the remaining provisions willremain in full force and effect.
- We undertake to take all due care with any informationwhich you may provide to us when accessing our website.However we do not warrant and cannot ensure thesecurity of any information which you may provide to us.Information you transmit to us is entirely at your own riskalthough we undertake to take reasonable steps to preservesuch information in a secure manner.
- This Agreement is between you and us, and not Apple,Inc. or Google Inc (jointly and separately referred to as“Marketplaces”). Notwithstanding the foregoing, youacknowledge that Apple and its subsidiaries are third partybeneficiaries of this Agreement and Marketplaces has theright to enforce this Agreement against you. Apple, Inc. orGoogle Inc are not responsible for the App and its content.
Updates and Patches
- Please make sure you always export ALL images and dataprior to applying updates or patches on the device or anysoftware.
- Use of these Services may be affected by the updates orpatches you applied on your device or software. Youagree that you are solely responsible for theserequirements, including any applicable changes, updatesand fees as well as the terms of your agreement with yourmobile device and telecommunications provider.
- You understand that once you apply an update or patcheson your device or software including the Crunchr app, youmay NOT be able to revert back to a prior update versionof the same or similar data.
- Any updates or patches provided are on an “as is” basisand may contain errors or inaccuracies that could causefailures, corruption or loss of data and information fromany connected device. To the maximum extent permittedby law, you acknowledge and agree that all use of anyupdates is at your sole risk.
- The user is required to refer back to the Crunchr app orour website for the latest applicable software on theirdevices and computers in order for all features to beoperational.