Terms of Service for the use of the website and app of vaxxvault by an Individual
2. vaxxvault Access
2.1. Subject to your compliance with these Terms of Service, vaxxvault hereby grants you a non-exclusive, non-transferable license to download, install and use the App on Your mobile device and to access and browse the Website.
2.2. We will use our reasonable endeavours to make the Service available to You at all times, but We cannot guarantee an uninterrupted or fault free service.
2.3. We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features, and functionalities of the App.
2.4. Without prejudice to our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable your access to the App at any time without notice to You in the event you breach any of the provisions herein.
2.5. In the event that We, in our sole discretion, considers that you are making any illegal and/or unauthorised use of the App, and/or your use of the App is in breach of these Terms, We reserve the right to take any action that it deems necessary, including terminating without notice Your use of the App and, in the case of illegal use, instigating legal proceedings.
3. No health, safety or other professional advice
By using the Service, You acknowledge that We do not provide any health, safety or other professional advice and that You should obtain appropriate qualified advice concerning the suitability of the Service.
4. Warranties and Liabilities
4.1. To the maximum extent permitted by law, We shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by use of the Service, or by any failure, delay, interruption or otherwise of the provision of the Service, or by our failure to perform any of our obligations under these Terms.
4.2. We do not guarantee that Individual Data provided by You is accurate or valid.
4.3. In no event shall We be liable to You for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
4.4. To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations, and liabilities in connection with the Service, and the information provided in the App or Website.
4.5. Links to third party websites and companies may appear on the App or the Website. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
4.6. By using the Service, You agree that the exclusions and limitations of liability set out in these Terms are reasonable.
5. Privacy & Individual Data
5.1. In the course of using the Services, you may transfer to vaxxvault content or data, including any testing, vaccination or other personal data (“Individual Data”). You agree and consent to the use, transfer, processing, and storage of Individual Data in accordance with these Terms.
5.2. Your Individual Data is stored by vaxxvault in a secure environment on our host’s secure servers. From time to time, at Your request, Your Individual Data may be transferred or made available to other users of the Service and may be stored by such users.
6. Intellectual property rights
vaxxvault owns and controls all the copyright and other intellectual property rights in the App and the Website and all the copyright and other intellectual property rights in the App and the Website are reserved. Your use of the App and the Website does not grant or transfer to You any rights, title or interest in relation to the App or the Website. The vaxxvault logo is a trademark of vaxxvault and unauthorised use is prohibited.
You agree to defend, indemnify and hold harmless vaxxvault, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including the transfer of Individual Data to other users of the Service at Your request; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
8.1. These Terms form the entire agreement between You and vaxxvault and supersede any other communications or advertising with respect to the Service. These Terms may only be modified with the prior written consent of vaxxvault. We may alter or amend these Terms at any time by posting a new version on the Website. By continuing to use the Service after such alteration, You will be deemed to have accepted the new version and any amendment to these Terms.
8.2. These Terms and their performance shall be governed by and construed in accordance with the laws of Victoria, Australia and the parties hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.
8.3. If any provision of these Terms is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the Terms shall be construed in a manner as to give the greatest effect to the original intention.
8.4. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
8.5. Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
8.6. You agree that because of the unique nature of the App and Our proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Us and monetary damages would be inadequate compensation. Therefore, you agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
8.7. Before commencing any form of litigation, including court proceedings, professional mediation or arbitration, each party to these Terms agrees to:
8.7.1. give the other party notice of the dispute and its nature;
8.7.2. give the other party the opportunity to remedy any breach of these Terms within 30 days; and
8.7.3. hold good faith negotiations with the other party to settle the disputed matter.
8.8. No party to these Terms will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, governmental action, or general internet disturbance) that was beyond the party’s reasonable control (except for payment of any money owed).
8.9. Any notices to vaxxvault must be in writing and emailed to firstname.lastname@example.org. Notices will be deemed to have been given when verified by automated receipt or electronic log.