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Effective Date 20 December 2020

The following terms and conditions (collectively, these “Terms and Conditions”) apply to your use of the mobile Application known as the ‘Gus App’, including any content, functionality and services offered on or via the Gus App or on our website (‘Site’) and form a bonding contractual agreement between Gus App and you as the user of the Gus App.

Please read the Terms and Conditions carefully before you start using the Gus App, because by using the App you accept and agree to be bound and abide by these Terms and Conditions.

The Gus App is operated by Safe Travel International Pty Ltd.

By downloading software, accessing our app or using our website, you agree to accept these terms and conditions of use.

For that reason these Terms are important and you should ensure that you read them carefully each time you use the Gus App as our terms and conditions may change from time to time.

By using the Gus App, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Gus App or our website.

You agree and warrant not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

You are over the age of 18 years old.

The Gus App including its functions and tools as is available for download is subject to this licence. You acknowledge that the Gus App is licenced to you subject to your acceptance, acknowledgment and compliance with the terms and conditions herein.

WARNING

YOU ACKNOWLEDGE AND AGREE THAT THE GUS APP IS SUBJECT TO THE FOLLOWING LIMITATIONS:

IF YOU HAVE NO MOBILE PHONE DATA CONNECTION OR ACCESS OR NO WIRELESS INTERNET ACCESS YOU WILL NOT BE ABLE TO USE GUS APP.

YOU ACCEPT AND ACKNOWLEDGE THAT USE OF THE GUS APP MAY NOT BE AS ACCURATE AS CALLING EMERGENCY SERVICES FROM A LAND LINE AND IS SUBJECT TO THE FOREGOING LIMITATIONS.

Conduct on the Gus App

Your use of the Gus App is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Gus App.

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Gus App, you agree that you will NOT upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:

The Gus App may contain links to other websites as well as content added by people other than us. We provide such for convenience only. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. If you decide to access a linked third party website you do so at your own risk and Gus App will not be liable for your use of such.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Gus App. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Gus App.

However, we and our agents have the right, at their sole discretion, to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Gus App, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we retain complete editorial control over the Gus App and our Website.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property

By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Gus App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Safe Travel International Pty Ltd.

You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Gus App in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Gus App.

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and Gus App, that Gus App own all intellectual property rights in the Site or have been authorised to use such. These can include but are not limited to graphics, text, html code, trademarks, graphics, logos, icons, images, software and moral rights to content. The rights are protected from reproduction, licence, sale distribution or other dealings and are not to be used without our written permission.

By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

The licence in this clause will survive any termination of these Terms.

You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in the above clauses.

Third Party Apps and websites

This Gus App may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.

The third party websites may contain information or material that some people may find inappropriate or offensive.

The third party websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Gus App or party by us, or any warranty of any kind, either express or implied.

Disclaimer of Warranties, Limitations of Liability and Indemnification

We are not liable for damages, direct or consequential, resulting from your use of the Gus App, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Gus App. Because the Gus App is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

NO WARRANTY:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT USE OF THE GUS APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SUBJECT TO ANY CONDITION, WARRANTY, GUARANTEE OR RIGHT IMPLIED OR IMPOSED BY THE COMPETITION AND CONSUMER ACT 2010 (CTH) (“CCA”) OR ANY OTHER LAW WHICH CANNOT BE EXCLUDED BY AGREEMENT. THE GUS APP AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE GUS APP HEREBY DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES AND RIGHTS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS WARRANTIES AND/OR GUARANTEES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GUS APP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICE PERFORMED OR PROVIDED BY, THE GUS APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GUS APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GUS APP OR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GUS APP OR ITS AUTHORISED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICE PROVE DEFECTIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. GUS APP PROVIDES NO WARRANTY AS TO THE ACCURACY AND VALIDITY OF INFORMATION A PROVIDED.

Limitation of Liability:

Subject to the qualifications set out in section 64A of Schedule 2 of the CCA or any other law of Australia, Gus App’s liability for breach of any implied or imposed condition, warranty, guarantee or right in connection with the supply of the Service is limited to any one or more of the following (at the election of Gus App): (i) supplying the Service again (ii) refunding the months subscription.

SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL GUS APP BE LIABLE FOR DEATH, PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GUS APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Term and termination

This Terms and Conditions will become effective in relation to you when you create a Gus account or when you download the Gus App or when you start using the Gus App and will remain effective until terminated by you or by us. Gus reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Gus App whether in contravention of this Terms and Conditions or otherwise.

If Gus App terminates these Terms and Conditions, or suspends your account for any of the reasons set out in this section, or in these terms generally, Gus App shall have no liability or responsibility to you.

On termination, you shall cease all use of the Gus App, and destroy all copies, full or partial, of the Gus App.

Gus App may change at any time however if we do so they will be updated on the Gus App and our website for your review. We do not have to inform you of such change in Terms and Conditions.

We reserve the right to prevent you from using the Gus App service, to take any action to prevent damage, liability or loss to the business, reputation or goodwill of Gus App or its Third party providers business, reputation or goodwill.

We reserve the right to use whatever resources are available including information provided by you to trace your IP address, contact your ISP, relevant legal and statutory authorities if you breach the Gus App terms of use and or policies.

Changes to the Terms and Conditions

We may, without notice to you, change, modify, update or alter at anytime these Terms and Conditions, the content, services and information on the Gus App and your continued use provides and confirms your consent to the acceptance of such changes, modifications, alterations or amendments and agreement to abide and be bound by such changes, modifications, updates or alterations of the Terms and Conditions or Services

You acknowledge and agree that it is your responsibility to review the Gus App and these Terms and Conditions from time to time and to familiarize yourself with any modifications.

We may let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of these Terms and Conditions.

Changes to this Privacy Policy are effective when they are posted on the Gus App or the Site.

Assignment

Gus App may assign its rights under the agreement with you and these Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.

Governing Law

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Commonwealth of Australia and the State of New South Wales without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Gus App shall be instituted exclusively in a court or tribunal of competent jurisdiction in Sydney, New South Wales, Australia.

Maintenance

Gus App has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. Maintenance services will be limited to such upgrades as may be made available by Gus App from time to time. Gus App may also make available email support in response to reasonable requests for support in relation to the Gus App made to the following email address

 

Subscriptions

Gus offers two types of subscriptions which you must purchase to use functionality within the app.

Payments for subscriptions will be charged to your iTunes Account for iOS Users, or Google Play account for Android users at confirmation of purchase.

Subscriptions automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

Your iTunes Account for iOS Users, or Google Play account for Android users will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.

Subscriptions may be managed by the user and auto-renewal may be turned off by logging into iTunes for iOS Users, or Google Play for Android users and cancelling a subscription at any time.

 

The Gus App Team 19 July 2018

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