Terms of Use
Last updated April 07, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICE.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Use:
Application means the software program provided by the Company downloaded by You on any electronic device, named Vove.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Australia
Content refers to content such as text, photos, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Service refers to the Application, website and services of Vove.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms of Use (also referred as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Vove (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Vove Pty Ltd, NSW Australia .
Acknowledgment
These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY CREATING A VOVE ACCOUNT; USING ANY VOVE SERVICE; USING, BROWSING AND/OR LOGGING INTO THE APPLICATION, THIS SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS, YOU MUST CEASE USAGE OF THE APPLICATION AND RELATED PRODUCTS IMMEDIATELY.
Vove reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication and supersede all preceding Terms.
The most recent version of the Terms will be viewable on the Application in the Settings tab and also on www.Voveapp.com/terms.html, and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Service after the changes become effective, then you agree to the revised Terms. You agree that the revised Terms shall supersede any prior Terms (except as specifically stated herein), and shall govern your entire relationship with Vove, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
In order to access the Application, you must first register as a user of the Application. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details) and authorize us to use, including: (a) Email address, (b) Name, (c) Telephone number, (d) Birthday, (e) Facebook account/profile, (f) Gender, (g) Location, (h) Accommodation, (i) Nationality, (j) Photos, (k) Personal biography.
Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms.
You may not use the Application and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Vove;
(b) under 18 years of age;
(c) you are a person barred from using the Service under the laws of Australia or other countries including the country in which you are resident;
(d) you have been convicted of or pled no contest to a felony, a sex crime, or any violent crime; or
(e) you are required to register as a sex offender with any state, federal or local sex offender registry.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are only permitted to use your own phone number for creating an account or logging in.
Your Obligations as a Member
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your login credentials you use to sign into the Application, and are solely responsible for all activities that occur under those credentials;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Vove of any unauthorised use of your account or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you;
(e) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company;
(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the account. Appropriate legal action will be taken by Vove for any illegal or unauthorised use of the Application;
(g) you will not use the Service to do or share anything: (i) that is illegal, misleading, harmful, discriminatory, fraudulent and/or unauthorised; (ii) in order to damage the Company; or (iii) that infringes or violates someone else's rights;
(h) you will not stalk, intimidate, threaten, assault, defame, harass or cause distress to any other member of our Services;
(i) you will not impersonate any person or entity, or misrepresent your affiliation with a person or entity to other Members on the Service;
(j) you will not use the Application for spam purposes, soliciting money, soliciting private or personal indentifying information for commercial or unlawful purposes, defrauding members, unsolicited email or unauthorised framing of or linking to the Application;
(k) you will not upload viruses or malicious code or do anything that could disable or impair the proper workings of the Application;
(l) you will not create another account if your previous account was terminated by Us, without Our permission; and
(m) you acknowledge and agree that any automated use of the Application is prohibited.
Interactions with Other Members
YOU UNDERSTAND THAT VOVE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION CHECKS ON ITS MEMBERS. WE DO NOT INQUIRE INTO THE BACKGROUNDS OR VERIFY THE STATEMENTS OF OUR MEMBERS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. VOVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, COMPATIBILITY OR INTENT OF ITS MEMBERS.
Vove it is not responsible for the conduct of any member on or off of the Service. You agree to use caution, good judgement and the appropriate safety precautions in all interactions with other members, particularly if you meet in person.
Vove is not a party to, has no involvement in, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
(a) Unlawful or promoting unlawful activity.
(b) Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
(c) Spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
(d) Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
(e) Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
(f) Impersonating any person or entity including the Company and its employees or representatives.
(g) Depicting or promoting hatred, violence, pornography, abuse, racism, bigotry, physical harm or self harm.
(h) Violating the privacy of any third person.
(i) False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at govove@outlook.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at govove@outlook.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service and related products are protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose.
Vove retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system, design or process (or an adaptation or modification of such a system or process).
Subscriptions
Some parts of the Service are available only with a paid Subscription which you may have the option to purchase through a third party platform, such as iTunes, Apple App Store or Google Play with your Apple ID or Google Play account (“Third Party Account”), and your Third Party Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your Third Party Account. Some Third Party Account may charge you sales tax, depending on where you live, which can change.
Subscription period
You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point will expire.
Subscription cancellations
If you would like to cancel your subscription or stop your subscription from renewing automatically, you can do so by accessing your Third Party Account with iTunes, Apple App Store or Google Play, and then change or cancel your subscription with them. Deleting the Application from your device or deleting your Member account with Vove does not cancel your subscriptions.
For iTunes subscribers:
To cancel a subscription with your Apple ID, on your phone: Go to Settings > iTunes & App stores > [click on your Apple ID] > View Apple ID > Subscriptions, locate your Vove subscription and follow the instructions to cancel. More information and assistance is available at https://getsupport.apple.com.
For Google Play subscribers:
To cancel a subscription with Google Play, on your phone: launch the Google Play app on your mobile device and go to Menu > Payments and subscriptions > Subscriptions, then locate your Vove subscription and follow the instructions to cancel. More information and assistance is available at https://play.google.com.
If your subscription is cancelled, you can use your subscription service until
the end of the period you last paid for. Your subscription will not automatically renew when that period expires. You will not receive a refund for the fees You already paid for Your current Subscription period.
Billing
Your Billing will be handled exclusively by iTunes, Apple App Store or Google Play not Vove.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the Terms of Use and Privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may do so by choosing to delete your account in the "Settings" tab of the application. If you use a Third Party Account, you will need to manage in app purchases yourself through your account with iTunes. Apple App store or Google Play, Vove has no control or will be held responsible for your billings through these accounts.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Upon termination you will not be entitled to any refund for purchases or unused subscriptions.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOVE, ITS DIRECTORS, MANAGEMENT, EMPLOYEES, LICENSORS, AFFILIATES, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF PRIVACY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (B) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE, (C) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES, (D) OUR CONTENT, (E) UNAUTHORIZED ACCESS, DISCLOSURE, USE OR ALTERATION OF YOUR CONTENT, OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS, EVEN IF VOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to Vove or 100 USD if You haven't purchased anything through the Service.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) The Company will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Application and any of the products of Vove is at your own risk. Neither the Company nor the affiliates, directors, officers, employees, agents, contributors or licensors of Vove make any express or implied representation or warranty about the Services, its Content or any products or services (including the products and Services of Vove) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application or any of its Content related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Competitors
If you are in the business of providing similar Services, whether business users or domestic users, then you are a competitor of Vove. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, the Company will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Indemnity
You agree to indemnify and hold harmless Vove, its affiliates, directors, management, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, proceedings, costs, expenses (including attorney's fees), losses and damages (including legal fees on a full indemnity basis) incurred, due to, arising out of, or relating in any way to:
(a) Your access to or use of the Service;
(b) Your Content;
(c) Your conduct toward other users;
(d) Any negligent acts, omissions or wilful misconduct by you;
(e) Your violation of any law or of any rights of any third party;
(f) You accessing, using or transacting on the Application or attempts to do so; and/or
(g) Your breach of these Terms.
Disputes Resolution
PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VOVE AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and Vove agree to arbitrate any dispute arising from these Terms or relating to the Services.
ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU AND VOVE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
For any dispute between Vove and the User, the following process shall apply:
(a) First, the parties will engage in good-faith negotiations for 30 days to resolve the dispute. Within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet in Sydney, Australia (or discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
(b) If the good-faith negotiations fail, then the parties will enter into mediation. Mediation shall take place in accordance with the ACICA Mediation Rules. The mediation shall take place in Sydney, Australia and be administered by the Australian Centre for International Commercial Arbitration (ACICA);
(c) If the dispute between the parties relating to or arising out of this Agreement is not settled by mediation under Clause (b), within 60 days following the written invitation to mediate or within such other period as the parties may agree in writing, the dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
The arbitrator has the authority to grant any remedy that would otherwise be available in court.
Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in Sydney, Australia.
Governing Law
The Terms are governed by the Laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of the governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Your use of the Application may also be subject to other local, state, national, or international laws.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Use may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Use
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms of Use, You can contact us:
By email: govove@outlook.com