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YPP Terms of Use

THESE TERMS OF USE (“TERMS“) PROVIDE AND CAPTURE IMPORTANT LEGAL INFORMATION ABOUT THE LICENSE TO USE AND ACCESS THE APP [AS DEFINED BELOW] AND THE CONDITIONS OF YOUR USE OF THE APP. THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOUR PRODUCT PASSPORT PTY LTD AND ALL VISITORS, LEGAL ENTITIES, USERS AND OTHERS WHO ACCESS AND/OR USE THIS APP (“USER(S)”, “YOU”, “YOUR”).

BY ACCEPTING THESE TERMS, BY CLICKING ‘I AGREE’ (OR SIMILAR BUTTON) OR BY ACCESSING OR USING THIS APP, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS, OR USE ALL OR ANY PORTION THE APP AND SHOULD DELETE ANY VERSIONS OF THE APP.

IF YOU CONTINUE TO USE THIS APP, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.

We, YOUR PRODUCT PASSPORT PTY LTD, with its registered office at PO BOX 6261, Point Cook VIC 3030, Australia (“Your Product Passport”, “We”, “Us”, “Company”) are the owners of the App. The App allows its Users to store the warranty related information of the products purchased by them.

  • DEFINITIONS:

 

  1. “Add-on Features” shall refer to the additional features made available on the App for additional costs as may be notified to the User.
  2. “App” the application version of the system including enhancements called as Product Passport which can be downloaded by the User on mobile phone, tablet and other devices.
  3. “Enhancement(s)/Update(s)” shall mean any modification, update or addition to the App that, when made or added to the current version of the App being used by User, provides minor functionality enhancements but does not change overall utility, functional capability, or application, where such modifications or additions are generally made available by Company to all its customers.
  4. “Intellectual Property Rights” means all rights including future rights in patents, designs, copyrights, trademarks, service marks, databases and typography rights (whether or not any of those is registered and including applications for registrations of the foregoing) together with all trade secrets, know-how and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of those which may subsist anywhere in the world.
  5. “Online Store(s)” refers to the third-party platform(s)/applications from which the App can be downloaded and subscribed to by the User.
  • GRANT OF LICENSE:

Subject to its compliance with these Terms  Company hereby grants the User a fixed-term, non-exclusive, non-transferable, revocable, non-sublicensable and a limited license to use the App for personal non-commercial enjoyment.

 

  • REGISTRATION OF USER ACCOUNT

 

  1. The App can be downloaded, installed, accessed by the User through the Online Store on the mobile phones, tablets or any other electronic devices supported by Us. In order to use the App, Users will be required to register and create a user account with password on the Online Store (“User Account”). The Company encourages You to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) for Your User Account.
  2. As part of your access to the App, You authorize Us to import your login-in credentials, details and personal information from the Online Store.
  3. You agree to:
  • provide accurate, authenticated, and true information about yourself;
  • maintain the security of Your passwords and identification as per Terms;
  • promptly update the email address and mobile number listed in connection with your User Account to keep it accurate so that we can contact you; and
  • be fully responsible for all actions through your User Account.

     4. By registering and creating a User Account, you represent and warrant that:

  • You can lawfully enter into and form contracts as per the applicable laws and that you are fully able, competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms.
  • Your use of the App does not violate any applicable law or regulation.
  • You have not been previously removed from using the Service or App by Us or your account has not been terminated by Us.
  • You do not have any other fictitious account or User ID registered on the App

 

     5. Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the App or your User Account that is known to You or suspected, and (iii) not provide false identity or information to gain access to or use the App.

 

     6. The Company also, at its sole discretion, reserves the right to refuse or cancel registration of any User Account which it deems inappropriate.

  • USER ACCOUNT SECURITY
  1. You will be responsible for maintaining the confidentiality of your User Account and You are fully responsible for all activities that occur under Your User Account. You agree to immediately notify the Company of any unauthorized use of Your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
  2. You agree to use the App only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the App by the Company or other Users.

 

  • ENHANCEMENTS AND ADD ON FEATURES

 

  1. Users acknowledge that the Company may introduce Enhancements/Updates to the App which will be available on the Online Stores, without any additional costs. The Users agree to download such Enhancements/Updates within reasonable time of such Enhancements/Updates being made available on the App. Upon failure of the User to download the Enhancements/Updates within reasonable time period, Company shall not be liable for any loss of data, interrupted performance of the App, or any other liability whatsoever.
  2. Company, may, make available Add-On Features in the App which would be available to the User on payment of additional costs. The use of these Add-On Features would be subject to terms and conditions which would be separately notified to the User from time-to-time.
  • THIRD PARTY CONTENT AND USER CONTENT
  1. All text, photographs, sounds, music and artwork, notes, messages, emails, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Third Party Content’) are third-party generated content and Company has no responsibility or liability over such Third-Party Content as Company is merely an intermediary for the purposes of these Terms. Except as expressly provided in these Terms, no part of the App including the Third-Party Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Company’s prior written consent.
  1. You shall be responsible for the content posted or transmitted on the App by you whether in written or oral form (such content being referred to as “User Content”). The User Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such User Content (i) to display your User Content on the App; and (ii) to use it for analytical purpose; and (iii) to host, copy, transmit, analyse, process, store, configure, publish and commercially use the User Content; and (iv) to exchange it with the marketplace through the interface the App supports; and (v) to share required order and/or product details with fulfilment centre or other network partners in order to provide the required Service successfully. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the User Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media,  whether now known or hereafter devised or the creation of derivative work. You agree that any User Content you post may be used by us, consistent with these Terms, and you are not entitled to any payment or other compensation for such use.
  2. Representation as to User Content: You represent, warrant, and agree that no User Content/details shared by you with App violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

  3.  

    You agree that You will not: (a) upload, post, email, transmit or otherwise make available any User content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable through the App; (b) upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (c) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam”, “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment; (f) access (or attempt to access) the App by any means other than through the interface that is provided by the Company; (g) use any deep-link, robot, spider or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the App, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials, or any company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.

    At no point of time, shall we take any responsibility for the User Content that you upload through the App and you shall indemnify and hold us harmless for any claims related to your User Content, including, but not limited to any infringing User Content, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted, linked from, or otherwise accessible through or made available via the App. If you violate these Terms, your User ID will stand terminated and its use thereof shall be permanently suspended. Notwithstanding the foregoing, to the extent applicable by law, we or another defrauded user reserve the right to proceed in legal action against you, in the event of breach under this clause of these Terms.

  4. Your responsibility for your User Content: At no point of time, shall we take any responsibility for the User Content that you upload through the App and you shall indemnify and hold us harmless for any claims related to your User Content, including, but not limited to any infringing User Content, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted, linked from, or otherwise accessible through or made available via the App. If you violate these Terms, your User ID will stand terminated and its use thereof shall be permanently suspended. Notwithstanding the foregoing, to the extent applicable by law, we or another defrauded user reserve the right to proceed in legal action against you, in the event of breach under this clause of these Terms.

  • OUR PROPRIETARY RIGHTS

 

  1. Any and all rights to the App (including its Enhancements and Add-on Features), graphics, images, layouts, logos, trademarks or text thereof including title, ownership rights and Intellectual Property Rights therein is the sole and exclusive property of Your Product Passport and its affiliates, subsidiaries, licensors, etc. as the case may be. These Terms do not grant the User any rights, title and interest in and to App, its contents, and branding thereof including Your Product Passport’s Intellectual Property Rights except where expressly and unequivocally licensed herein. Any rights not expressly and unequivocally granted to the User are reserved.
  2. All materials on this App, including but not limited to audio, images, photographs, software, text, icons, and such like (the “App Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the App Content, except as specified herein or as may be allowed on the System.
  3. There may be proprietary logos, service marks and trademarks found on the App whether owned/used by Us or otherwise. By displaying them on the App We are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the App Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
  4. You may choose to, or We may invite you to submit, or You may submit comments or feedback, review, ratings about the App including without limitation about how to improve the services and the features of the App. By submitting any comment, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Your Product Passport under any fiduciary or other obligation to maintain the secrecy of such feedback, comments or review and that We are free to use the feedback, review, ratings without any additional compensation to You, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Your Product Passport does not waive any rights to use similar or related ideas previously known to Your Product Passport or developed by its employees or obtained from sources other than You.

In case You wish to submit any oral Feedback or raise a complaint, please write to info@yourproductpassport.com

HYPERLINKS

 

The App may from time to time contain hyperlinks to other websites or mobile applications.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our App to another website or platform does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which it provides. Company is not a party to any transaction between you and such website. The Company has no liability to remove or in any manner block such third-party links or pop-ups.

 

  • PRIVACY POLICY

 

We care about the privacy of our Users, the integrity and security of the User’s personal information. The personal information collected by us is subject to and governed by our Privacy Policy located at [Insert the link for privacy Policy]. You understand that by using the App you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed.

  • NO WARRANTY

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS ENTIRELY AT YOUR OWN RISK AND THAT THE APP, AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE APP’S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR WITH RESPECT TO THE CONTINUITY OF THE ACCESS TO THE APP, (II) PERSONAL INJURY, OR ANY MENTAL EFFECTS OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE APP.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR:

  1. ANY INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
  2. ANY OTHER SERVICE MADE AVAILABLE BY THE ONLINE STORE IN CONNECTION WITH THE APP.

 

  • PROHIBITED CONDUCT

 

You agree not to engage in any of the following activities:

 

  1. General Restrictions: You agree that You will not: (a) use any software that allows “data mining” or otherwise intercepts or collects information in connection with online and mobile games in relation to this App or any portion thereof; (b) use virtual items present in the game, outside in the real world; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App; (d) disrupt the normal flow of or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges; (e) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; (f) copy, distribute, or disclose any part of the App in any medium; (g) alter or modify any part of the App without prior written consent of the Company; (h) sell, license, rent reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from the App. In addition, you may not access this App for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes.
  2. Violating laws and rights: You may not (a) use the App for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
  3. Solicitation: You may not use the App, or any information provided through the App for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
  4. Disruption: You may not use the App in any manner that could disable, damage, or impair the App, or interfere with any other party’s use and enjoyment of the App; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to the App, or violating any regulation, policy, or procedure of any network, equipment, or server.
  5. Impersonation or unauthorized access: You may not impersonate another person or entity, or misrepresent your affiliation with a person or User when using the App; You may not use or attempt to use another’s account or personal information; and, you may not attempt to gain unauthorized access to the App, or the computer systems or networks connected to the App, through hacking password mining or any other means. You may not attempt to disable, “hack” or otherwise interfere with the proper functioning of this App.
  6. Developing competing offerings: You will not use the App to develop any competing apps, websites or products which are similar or substantially similar to the App. You understand and acknowledge that if You indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the App and take any other corrective action as it deems fit.
  • Company reserves the right (but is not obligated) to do any or all of the following:
  • Remove communications that fail to conform with these Terms;
  • Terminate a User’s access to the entire App or specific features of the App;
  • Edit or delete any communications posted on the App if such communications violate these Terms.
  • INDEMNITY

 

You agree to defend, indemnify, and hold harmless the Company, its agents, representatives, managers, employees and other affiliated companies, and their employees, contractors, agents, officers, and directors, 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 out of or relating to:

  1. Your misuse of the features available on the App;
  2. Any breach of these Terms;
  3. Any breach of applicable laws, rules, and regulations;
  4. Your use of and access to the App, for any illegal purposes or in an unauthorised manner;
  5. Any gross negligence or wilful misconduct.

 

  • LIMITATION OF LIABILITY

 

THE COMPANY SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR COMPANY), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE APP, ANY PERSONAL INFORMATION CONTAINED ON THE APP. IN PARTICULAR, NEITHER THE APP NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE, WHETHER DIRECT OR CONSEQUENTIAL, PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.

  • GENERAL

 

  1. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Your Product Passport without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
  2. Conflict of Terms: If there is a conflict or contradiction between the provisions of these Terms and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module, and only to that extent.
  3. Changes in the Terms: The Company may update these Terms without notice to you. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the App after such change shall be deemed to be your acceptance of the revised Terms.
  4. Entire Terms /Severability: These Terms, together with any amendments and any additional agreement you may enter with Your Product Passport in connection with the App, shall constitute the entire agreement between you and Your Product Passport concerning the App. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  5. Electronic Record: This document is an electronic record in terms of the applicable laws of the land including without limitation Electronic Transactions Act, 2010, as amended from time to time.
  6. No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Your Product Passport’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
  7. Governing Law and Jurisdiction: This Terms shall be construed and governed by in accordance with the laws of the State of Victoria, Australia and the courts in the State of Victoria shall have an exclusive jurisdiction to adjudicate any subject matter. You agree that the courts in State of Victoria shall have exclusive jurisdiction over such disputes.

Thank you for your cooperation. If you are using the App, questions or comments regarding this App, including any reports of non-functioning links, should be submitted by Users using our Contact Us Form or via registered mail to: info@yourproductpassport.com. We try to answer every email in a timely manner but due to volume may not always be able to do so.

 

The Terms were last modified on [07 August 2023].