TERMS OF USE
Last updated: December 2023
Welcome to Your Daily Organizer. Below, we've outlined both your rights and our rights in connection with the provision of our Services (as defined below). Please review them carefully.
OVERVIEW
1. MckBui Solutions Pty Ltd ABN 11 647 540 583, trading as Your Daily Organizer (YDO), offers access to the YDO mobile application, platform, associated websites, and services (referred to collectively as the Services) under these Terms of Service (the Terms), the YDO Privacy Policy (Privacy Policy), as well as any supplementary guidelines or regulations published on the Services or provided to you, or pertaining to particular services and features associated with the Services. From time to time, the Services may offer specific paid services (referred to as Additional Services), and these Additional Services will have their own separate terms and conditions that will be provided to you when you access them. These terms and conditions for Additional Services will become a part of these Terms through reference.
2. The Services include products, features, applications, technologies, software, and hardware designed to enhance your organization and boost your productivity within a single digitized, centralized, and dynamic platform.
3. The Services are currently available to individuals living in the United States, Australia or New Zealand. If you do not reside in one of these countries, especially if you are a resident of the European Union or the United Kingdom, please do not subscribe for the Services or share any personal information or data with us. The Services are made available to persons who subscribes as users of the Services, or who otherwise access the Services (Users).
4. The Terms apply to all Users. By subscribing, registering, downloading, accessing, or using the Services, you are entering into a legally binding agreement with YDO regarding your usage of the Services. You confirm that you have read, comprehended, and consent to be bound by these Terms. If you do not agree to these Terms, do not access or otherwise use any of the Services.
5. The provision of the Services and the agreement outlined in these Terms cannot be performed without YDO processing data about you, and other Users. We highly value your privacy. Please see our Privacy Policy for further information on how we handle information and data.
6. You can find more information about the Services at yourdailyorganizer.com. You agree to comply with these Terms and any supplemental terms which YDO makes available to you on the Services which shall form part of the Terms.
7. This agreement is written in English. To the extent a translated version of the Terms conflicts with the English version, the English version shall prevail.
USER OPTIONS
8. YDO offers different User plans for the YDO Services (Subscription Plans). A different subscription fee applies to each Subscription Plan (Subscription Fee). The different levels for the Subscription Plans are as follows:a. Shared Subscription: This is the free level of the Services designed for a single User where a Standard User has shared a List access to the single User (Shared User). It enables the Shared User to utilise the List features of the app relating to the shared list. The Shared User is required to sign up to YDO using their email address. Shared Subscription is free to use.b. Standard Subscription: This is a subscription level of the Services designed for Standard Subscription Users (Standard Users). It allows Users to have access to all the features of YDO.
9. Users can subscribe to a Subscription Plan by purchasing a Subscription Plan for a specified subscription period displayed on the relevant platform (for example, the YDO website, the Apple App Store or Google Play) at the time of purchase (Subscription Period).
10. You are required to make advance payments for the Subscription Fee for each Subscription Period. If you opt to pay through a third-party platform (e.g., Apple App Store or Google Play), your Subscription Fee will be debited from your third-party billing account. Users have the option to select monthly or annual billing when choosing a Subscription Plan. Billing plans will automatically renew on a monthly or annual basis, depending on your chosen Subscription Period, unless you cancel your Subscription Plan in accordance with the section titled ‘Account Suspension and Termination’. If you do not cancel by the relevant time we will automatically renew your Subscription Plan and your nominated account/credit card will be charged for the upcoming Subscription Period
11. Unless stated otherwise, all Subscription Fees include GST.
12. We reserve the right to modify the Subscription Fee with a minimum notice of 30 days to you. However, any such change will not impact the ongoing Subscription Period.
FREE TRIAL PERIOD AND PROMOTIONAL OFFERS
13. YDO may periodically provide free trial periods for the Services. Throughout the free trial period, no Subscription Fee will be imposed. You may terminate your free trial subscription as specified in clause 5. Failure to cancel your free trial subscription prior to its end date, will result in the charging of the Subscription Fee, based on the Subscription Plan you initially chose when registering for the free trial. It is your responsibility to be aware of the end date of your free trial period and the corresponding Subscription Fee for your chosen Subscription Plan
14. YDO may, at its discretion, provide Users with various promotional discounts or perks, such as discount codes (Promotions). These discount codes are distributed to Users via a link, which Users can click to redeem a subscription to a Subscription Plan at a reduced cost. YDO reserves the right to offer, withdraw, modify, cancel, or determine your eligibility for any Promotion or free trial as we see fit, to prevent any misuse of the Promotion or free trial. Promotions and free trials may be subject to additional terms and conditions, which will apply alongside and prevail over these Terms in the event of any inconsistencies.
ACCOUNT CREATION AND REGISTRATION
15. In order to access and use the Services you are required to create a User Account.
16. We aim for our Services to be accessible and inclusive, while also prioritizing safety, security, and compliance with the law. As a result: (a) You must be at least 18 years of age or older and legally eligible to enter into a binding contract. Minors aged 13 to 17 are only allowed to use YDO under the ownership of a parent or legal guardian with appropriate permission; (b) You must not be legally restricted from receiving any aspect of our Services under applicable laws or engaging in payments related to the Services if you are listed on a relevant denied party register; and (c) Your account must not have been previously disabled by us due to violations of the law, our Terms, or any of our policies. At its sole and absolute discretion, YDO may refuse to allow any User to register or create a User Account, or may cancel or suspend any existing User Account.
17. You are limited to a single (1) User Account. It is prohibited to sell, rent, lease, share, or grant access to your User Account, including your username, to any other individuals, including the act of charging anyone for administrative privileges on your User Account. YDO reserves all available legal rights and remedies to prevent unauthorised use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorised activity.
18. When you register for a User Account, you agree to: (a) provide true, accurate, current and complete information about yourself (User Account Data); and (b) keep up-to-date the User Account Data. By registering a User Account you represent that you are not a person prohibited from receiving the Services by YDO or under the laws of any applicable jurisdiction.
19. You agree that YDO may use your User Account Data to provide Services that you access or use and as otherwise set forth in these Terms. YDO has the right to suspend or terminate your User Account and refuse current or future use of the Services if you provide any User Account Data that is inaccurate or not current, or YDO has reasonable grounds to suspect that such User Account Data is inaccurate or not current.
20. You are solely responsible for keeping confidential your User Account password and for restricting access to your password, your computer and mobile device while logged into the Services. While we make every effort to use reasonable security measures to protect against unauthorised access to your User Account, we cannot, however, guarantee absolute security of your User Account, User Account Data, your User Content or the personal information you provide. We cannot promise that our security measures will prevent third-party 'hackers' from unlawfully gaining access to the Services or its contents.
21. You agree to immediately notify YDO of any unauthorised use of your User Account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to User Account Data and any other information or User Content you provide to YDO.
22. You further agree that YDO may contact you: (a) via text messages, email, telephone or through the Services in the provision of access to the Services; and (b) by email or text messages in connection with a User Account, including for marketing purposes.
ACCOUNT SUSPENSION AND TERMINATION
User termination
23. You have the option to terminate your Subscription Plan before the renewal date or as otherwise specified by us or one of our third-party billing partners. Subject to the paragraphs in the section titled, ‘YDO termination’, in the event of subscription cancellation, you will maintain access to your paid Subscription Plan until the billing period concludes, including free trial periods for Subscription Plans. YDO does not issue refunds or credits for partial subscription periods.
24. In case of a payment failure during the auto-renewal of a paid Subscription Plan, a grace period will be applied to your subscription. The duration of this grace period is determined by the platform through which the Subscription Plan was initially acquired. Throughout this grace period, you will retain access to the relevant Subscription Plan for a specified period while YDO makes further attempts to process the payment.
25. In the event of an unsuccessful payment, your paid Subscription Plan will be cancelled.
26. Your data will be held for 90 days after a cancellation and will be deleted thereafter, so you will not be able to retrieve the data even if you resubscribe at a later date.
YDO termination
27. You acknowledge and agree that YDO may immediately terminate your User Account and/or access to the Services, without prior notice, in certain serious circumstances, including but not limited to:a) Violations or breaches of the Terms or other related agreements, policies, or guidelines.
b) Requests from law enforcement or other government agencies.
c) A request initiated by you (e.g., a request for the deletion of your User Account).
d) Cessation or substantial modification of the Services (or any part thereof).
e) Unanticipated technical or security complications.
f) Prolonged periods of inactivity.
g) Failure to pay outstanding fees related to the Services.
28. You agree that all terminations for cause shall be made in YDO’s sole discretion and that YDO will not be liable to you or any third-party for any termination of your User Account or access to the Services.
29. Termination of your User Account may result in:a) removal of access to all offerings within the Services;
b) deletion of personal information, files and Content associated with your User Account; and
c) barring of further use of the Services.
INTELLECTUAL PROPERTY
30. The Services are owned and operated by YDO. Unless stated otherwise, all content, information, and other materials available on the Services (excluding User Content, as outlined in the section titled ‘User Content’) are the intellectual property of YDO. This includes YDO's trademarks (including Your Daily Organizer) and any other proprietary designations, logos, slogans, or product and service names used by YDO. The overall visual appearance of the Services, encompassing visual interfaces, page headers, button icons, scripts, graphics, layout, compilation, information, software, computer code (including source code and object code), services, text, images, data, audio files, other files, and their selection and arrangement (collectively referred to as the Materials), are protected by applicable intellectual property and proprietary rights and legislation. All Materials featured on the Services are the sole property of YDO or its subsidiaries, affiliated companies, and/or third-party licensors. They may not be used, in whole or in part, in association with any product or service that is not offered by YDO. Furthermore, they must not be utilized in a manner that is likely to create confusion among customers or tarnish the reputation of YDO, unless YDO have provided its prior written consent. Any use of YDO trademarks must adhere to any guidelines issued by YDO from time to time.
31. Any other trademarks mentioned in the Services belong to their respective owners and are used solely for identification purposes. When products, services, processes, or other information are referred to on the Services, using trade names, trademarks, suppliers, or any other means, this does not indicate or suggest endorsement, sponsorship, or recommendation by YDO or any other form of affiliation.
32. Unless stated otherwise in writing by YDO, accepting these Terms entitles you to a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive right and license to access and utilize the Services. This access and usage privilege is contingent upon your adherence to these Terms. This includes refraining from copying, altering, generating derivative works from, reverse engineering, reverse assembling, or any other attempts to uncover source code. Additionally, you must not engage in actions such as selling, assigning, sublicensing, granting a security interest in, or otherwise transferring any rights associated with the Services, except as permitted by applicable law.
33. You will not remove, modify, or conceal any copyright, trademark, service mark, or other proprietary rights notifications integrated within or accompanying the Services.
34. Except as expressly permitted by applicable law or authorised by YDO or applicable third-party service providers or advertisers, in writing, you agree not to alter, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or content available on the Services (other than User Content that you may submit), in whole or in part.
END USER LICENCE AGREEMENT
35. The Services can be accessed through the Apple App Store, Play Store or other download methods and are provided to you under a license, not sold. Your right to use each aspect of the Services is contingent upon your prior acceptance of the End User License Agreement (EULA) and these Terms. YDO, as the licensor, retains all rights to the Services that are not expressly granted to you under the EULA.
36. YDO grants to you a non-transferable licence to use the Services on any Apple-branded or Android products that you own or control and as permitted by the Apple Usage Rules or equivalent rules in respect of Android devices (together, Rules) and these Terms (Licensed Application). The EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by YDO that replace or supplement the original Licensed Application, unless such upgrade is accompanied by its own licence.
37. Unless otherwise provided in the Rules, you are not permitted to distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, distribute or sublicense the Licensed Application. If you sell your device to a third-party, you must uninstall the Licensed Application from the device beforehand. Copying (except as allowed by this license and the Rules), reverse-engineering, disassembling, attempting to uncover the source code, altering, or creating derivative works of the Licensed Application, its updates, or any part thereof is strictly prohibited, except to the extent that such restrictions are prohibited by applicable law or permitted by the licensing terms governing the use of any open-source components included with the Licensed Application.
38. If you obtained or downloaded the Licensed Application from the App Store, you consent to utilizing the Services exclusively in the following manner: (a) on a compatible and operational Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) in compliance with the “Usage Rules” set forth in the Apple Store Terms of Service.
39. If you accessed or downloaded the Licensed Application from any app store or distribution platform (like the Apple App Store or Google Play Store) (each, an App Provider), then you acknowledge and agree that:
a. These Terms constitute an agreement between you and YDO, not with the App Provider. In this regard, YDO bears sole responsibility for the Licensed Application, and the App Provider is not obligated to provide any maintenance or support services for the Licensed Application.
b. If the Licensed Application fails to meet any relevant warranty, you can report this to the App Provider. In such cases, the App Provider may refund the purchase price to you (if applicable), and to the fullest extent allowed by applicable law, the App Provider will have no further warranty obligations regarding the Licensed Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Licensed Application to conform to any warranty will be the sole responsibility of YDO. App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Licensed Application or your possession and use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
c. If a third party asserts that the Licensed Application or your ownership and utilization of it infringes upon their intellectual property rights, YDO will be responsibile for investigating, defending, settling, and resolving any such claims of intellectual property infringement to the extent mandated by these Terms.
d. App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your licence of the Licensed Application, and that, upon your acceptance of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your licence of the Licensed Application against you as a third-party beneficiary thereof.
40. You must also comply with all applicable third-party terms of service while using the Licensed Application.
41. You agree to comply with all laws and regulations to ensure that neither the Licensed Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using Licensed Application, you represent and warrant that: (i) you are not located in a country that is subject to a Government embargo, or that has been designated as a ‘terrorist supporting’ country; and (ii) you are not listed on any list of prohibited or restricted parties.
USER CONTENT
42. Typically, YDO does not hold the copyright to the information, photographs, or other materials that you upload, submit, transmit, display, perform, post, store, or share (collectively, Share) through the Services (User Content).
43. You represent and warrant that you hold all necessary rights (including without limitation intellectual property rights) pertaining to all content you Share in relation to the Services, including User Content. Additionally, you ensure that Sharing such content will not infringe upon any third-party rights, which includes, but is not limited to, copyright, moral rights, or confidential information.
44. You acknowledge and agree that your relationship with YDO is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place YDO in a position that is any different from the position held by members of the general public, including with regard to your User Content. Your User Content will not be subject to any obligation of confidence on the part of YDO other than as set forth in our Privacy Policy, and YDO will not be liable for any use or disclosure of any User Content you provide. You understand that you, and not YDO, are entirely responsible for all User Content that you upload, email, transmit or otherwise make available via the Services. YDO does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such User Content. YDO may, in its sole discretion and without prior notice, screen, monitor, refuse or remove any User Content from the Services for any reason, including without limitation User Content that violates these Terms or is otherwise objectionable. User Content removed from the Services may continue to be stored by YDO, including, without limitation, in order to comply with certain legal obligations. Nothing in these Terms constitutes any authorisation by YDO with respect to any use of music on any of our Services.
45. You acknowledge that the Services do not serve as a backup or storage solution, and you agree not to depend on the Services for such purposes. YDO will not be held responsible for any loss of User Content under any circumstances, including situations where the Services are altered, suspended, or terminated. Additionally, you recognize that the Internet may be susceptible to security breaches and that the transmission of User Content or other information may not be completely secure.
46. YDO shall not be held responsible in any manner for any User Content, including but not limited to any inaccuracies or omissions within User Content, or any losses or damages of any nature arising from the access and/or utilization of User Content provided on the Services. You assume all risks associated with accessing and/or using any User Content linked to the Services, including reliance on the accuracy, comprehensiveness, or utility of said User Content.
47. If your User Content breaches these Terms, you may be held legally accountable for such User Content. In the relationship between you and YDO, any User Content is considered non-confidential and non-proprietary, and YDO will not be responsible for any utilization or disclosure of User Content.
USER BEHAVIOUR
48. The Services are intended for your personal, non-commercial use. Without prior written consent from YDO, you are prohibited from altering, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any part of the Services, usage of the Services, or access to User Content for commercial purposes.
49. You are prohibited from utilizing the Services, or aiding or encouraging any other party, to partake in any action or inaction that:
a. Violates any applicable law, statute, ordinance or regulation;
b. Intentionally or unintentionally causes harm or subverts the intended function of the Services;
c. Is false, inaccurate or misleading or deceptive;
d. Infringes any third-party’s intellectual property rights;
e. Is fraudulent or involves the sale of counterfeit or stolen items;
f. Is obscene or contains any material that, in YDO’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
g. Is defamatory, libellous, threatening or harassing; or
h. Illegally intercepts, accesses, or expropriates any system, data, or personal information from the Services without authorization.
50. You may not use the Services or encourage any other party to engage in any of the following Prohibited Activities:
a. Accessing the Services through means other than the interfaces provided by YDO.
b. Utilizing, copying, altering, creating derivative works from, reverse engineering, decompiling, or attempting to extract the source code of the software underpinning the Services, or any part thereof, unless expressly allowed or mandated by law, and in all cases, without prior written notice to YDO.
c. Endeavoring to disrupt, diminish, impair, or compromise the integrity or security of the Services or the computer systems, services, User Accounts, or networks of any other party (including but not limited to activities like 'hacking' or 'denial of service' attacks), including any actions that typically precede security breach attempts, such as scanning, probing, vulnerability testing, or any network or hosting activity that may lead to blacklisting or other blockage of YDO's internet protocol space.
d. Evading payment of charges or fees associated with the Services.
e. Distributing or disclosing any part of the Services through any medium, including automated or non-automated 'scraping.'
f. Employing any automated systems, including 'robots,' 'spiders,' 'offline readers,' etc., to access the Services.
g. Taking actions that, at our sole discretion, unreasonably or disproportionately burden the YDO infrastructure.
h. Collecting or harvesting any information pertaining to an identified or identifiable individual, including User Account details and data about Services users.
i. Using the Services for commercial solicitation purposes.
j. Accessing Services content through any technology or means not provided or authorized by the Services.
k. Submitting personally identifiable information to the Services or YDO, except as required for establishing and operating your User Account.
l. Submitting information to the Services or YDO that may be shielded from disclosure under applicable law.
m. Circumventing the measures employed by YDO to prevent or restrict access to the Services, including features that limit content use or copying or enforce usage restrictions on the Services or its content.
n. Violating any applicable law, statute, ordinance, or regulation or encouraging any behavior that could constitute a criminal offence or result in civil liability.
o. Removing any copyright, trademark, or other proprietary rights notices present in or on the Services.
p. Conducting any form of network monitoring or running a network analyzer, packet sniffer, or similar technology to intercept, decode, mine, or display any packets used for communication between YDO's servers, the Services, or any data not intended for you.
q. Misusing any communication methods available on the Services, including sending communications and materials unrelated to the subject matter for which YDO provides the communication method.
51. You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial purposes only. This permission is contingent upon ensuring that the link does not present YDO or any of its products or services in a false, deceptive, disparaging, or defamatory manner. Additionally, the linking website must not feature any pornographic, unlawful, offensive, harassing, or otherwise objectionable content. You are also granted the right to utilize any RSS feeds found on the Services for your personal, non-commercial use, strictly in accordance with the guidelines provided by the Services. We retain the authority to withdraw these licenses in a general sense or your right to use specific links or RSS feeds, at any time, with or without cause.
52. You confirm that you have the authority to engage in communication with your contacts through the Services.
53. To access the Services, you may need to use your personal computer or mobile device and engage in communication or utilize storage on these devices. You acknowledge that you are accountable for any internet or mobile connection costs and fees, including, but not limited to, charges linked to sending communications through your device while accessing the Services.
THIRD PARTIES
54. YDO may offer third-party content on the Services (Third-Party Content). YDO neither regulates nor endorses any Third-Party Content, and it provides no assurances or warranties of any nature concerning the Third-Party Content, including its accuracy or comprehensiveness. It is important to note that YDO does not generate, maintain, or supervise Third-Party Content. Consequently, YDO bears no responsibility for any Third-Party Content found on the Services.
55. It is your responsibility to determine whether you wish to visit or utilize third-party websites or applications linked from the Services (Reference Sites). YDO does not have control over or endorse any Reference Sites, nor does it vouch for the accuracy or completeness of the information, materials, products, or services found on or accessible through Reference Sites. Furthermore, any interactions or business transactions you engage in with advertisers located on or through the Services are strictly between you and those advertisers. The decision to access and use Reference Sites, including the information, materials, products, and services offered through them, is entirely at your own risk
56. You acknowledge and agree that YDO will not be held responsible for any losses or damages, of any nature, that you may experience as a result of your interactions with Third-Party Content, Reference Sites, or service providers or advertisers accessible via the Services.
USER FEEDBACK
We appreciate your input, opinions, suggestions, and other forms of communication regarding the Services and the content and services we provide through the Services (Feedback). By providing Feedback, you grant YDO a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to reproduce, distribute, generate derivative works from, publicly display and perform, and otherwise utilize such Feedback. This includes the ability to manufacture, market, offer for sale, import, and export products and services based on the Feedback. Consequently, we kindly request that you refrain from sending YDO any Feedback that you do not wish to grant us the aforementioned license for.
DISCLAIMER
57. When choosing to utilize the Services, you do so, at your own sole risk.
58. YDO explicitly disclaims all warranties, including but not limited to the warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising from the course of dealing or trade usage. YDO does not provide any assurance that the Services will fulfill your specific requirements or be accessible without interruptions, secure, or free from errors. Furthermore, YDO does not warrant the quality of any Users or the Services, collective content, or the accuracy, timeliness, truthfulness, completeness, or reliability of any collective content generated or obtained through YDO and the Services. It also does not guarantee the achievement of any specific outcomes.
59. YDO expressly disclaims any responsibility or liability to any person or entity for any loss, damage (including actual, consequential, indirect, punitive or otherwise), injury, claim, liability, or any other consequence arising from or related to any content found on the Services.
60. YDO does not guarantee that the Services will be delivered in a promptly or at all.
61. No advice or information obtained from YDO, whether oral or written, through the Services or any content therein, will create any warranty not expressly made herein.
LIMITATION OF LIABILITY
62. With the exception of liability that cannot be legally excluded, including the Non-Excludable Guarantees as defined below, YDO (including its officers, employees, and agents) disclaims responsibility and excludes all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity), whether it be direct, indirect, special, or consequential, arising in any way out of:
a. the Services not being available for use at any time;
b. any theft, unauthorised access or third-party interference;
c. any lost, misdirected or corrupt emails or communications over, to or from Services;
d. any technical difficulties or equipment malfunction (whether or not under YDO’s control); or
e. any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained in connection with use of the Services, however caused, including failure of the Services or incorrect or corrupt data supplied by YDO to a User.
63. Nothing in these Terms limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 Cth or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
INDEMNITY
64. You agree to indemnify and hold YDO and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of User Content you submit, upload, transmit or otherwise seek to make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to YDO are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
JURISDICTION
65. These Terms are governed by the laws of New South Wales, Australia. You and YDO submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
GENERAL
66. These Terms constitute the entire agreement between you and YDO with respect to your use of the Services.
67. You acknowledge and agree that the Terms and your utilization of the Services do not establish any joint venture, partnership, joint controllership, employment, or agency relationship between you or your organization and YDO.
68. A failure by YDO to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any other person or you.
69. In the event that a court of competent jurisdiction determines any provision of the Terms to be invalid, the parties agree that the court should make an effort to uphold the parties' original intentions as expressed in the provision, while the remaining provisions of the Terms remain fully valid and effective.
70. Any communication from YDO to you through email, standard mail, or notices, posts, or links on the Services will be considered valid notice as per the Terms. A printed copy of the Terms and any notice provided in electronic format will be admissible in legal or administrative proceedings related to the Terms to the same extent and subject to the same conditions as other business documents and records initially produced and kept in printed form.
71. Any rights not expressly granted herein are reserved.
CHANGES TO TERMS AND SERVICES
72. YDO reserves the right to update the Terms at any time and for any reason in its sole discretion. From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the site. Those changes will go into effect on the revision date shown in the revised Terms. By continuing to use the site or services, you agree to the revised Terms. If the revised Terms are not acceptable to you, your only recourse is to cease using the Services.
CONTACT AND SUPPORT
73. You may contact us about these terms by email: info@yourdailyorganizer.com.
