PrefCard ("PrefCard, "we", "us", "our") provides its app ("App") to you ("you, "your", "User") subject to these Terms and Conditions ("Agreement").
By your continued use of the App you are deemed to agree to and accept the terms of this Agreement.
If you do not agree to the terms of this Agreement you should not continue to use this App.
PrefCard is committed to protecting your privacy. We comply with the National Privacy Principles and all other relevant Australian legislation.
PrefCard may collect anonymous information about your usage of the App such as your IP Address and the screens you view. We may also collect any personal information you choose to provide to us via the "Account" screen. We may send HTML-based emails to you from time to time and track whether you choose to open these emails. This information is collected primarily to improve your visit to the App and to optimize your viewing experience.
We may use any email addresses provided by you to us via the "Account" screen or by any other means to send updates and news regarding PrefCard or the App. You may choose not to receive communications of this type by "opting out" at the bottom of any such email communication.
We use reasonable measures to ensure that any information collected by us is kept private however we cannot guarantee the security of such information despite such efforts.
Other than as provided in this Agreement, we will not disclose any personal information to any Third Parties without your consent unless we are required to do so by law or to enforce the terms of this Agreement or in the event of the sale of PrefCard to any third party.
This App is for your personal, non-commercial use only. You are strictly prohibited from the following:
We either own or have a valid licence to use all intellectual property included on this App, including, but not limited to registered and unregistered trade marks, graphics, logos, text, images, audio, video clips, software, data compilations, button icons and digital downloads.
Nothing contained herein grants you any licence or any right to use, in any way, any of the intellectual property included on the App without our prior written consent.
We reserve the right, in our sole discretion and without cause, to restrict or terminate your access to the App, without prior notice to you and without incurring any liability.
Third Party Apps
The App may contain links to third party websites. We do not monitor such websites, are not responsible for the material and content included on them and are not responsible for any potential damage arising out of or in connection with your use of such links. Any User access to third party websites at their own risk.
Use of the App and Technical Issues
Despite our best efforts, we make no warranties that our website is free from infection by computer viruses or other contamination.
Under no circumstances shall we be liable for any loss or damage, including personal injury or death, resulting from use of our App or from the conduct of any other Users on the App. The App is provided "as is" and "as available" and we expressly disclaim any warranty of fitness for any particular purpose or non-infringement.
Our App is controlled from its facilities in Australia. We make no representations as to the availability or appropriateness of the App for use from other territories. Any access from other territories is at the User’s own risk and the User is responsible for compliance with any local laws.
Limitation of Liability
EXCEPT FOR ANY LIABILITY THAT BY LAW CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES WILL HEADJAM, ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, COST (INCLUDING, BUT NOT LIMITED TO LEGAL COSTS) WHATSOEVER RESULTING FROM ANY USE OR ACCESS OR INABILITY TO USE OR ACCESS THE APP.
YOU INDEMNIFY AND AGREE TO KEEP HARMLESS HEADJAM AND ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS IN RESPECT OF ANY CLAIM, PROCEEDINGS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO LEGAL EXPENSES) ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY NEGLIGENT ACT OR OMMISSION IN PERFORMING YOUR OBLIGATIONS UNDER THIS AGREEMENT OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.