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Terms and conditions

 

Jugglr Terms of Use

 

INTRODUCTION

A               M3B Labs Pty Ltd (ACN 608 681 910), (“M3B Labs”, “we”, “Jugglr” or “us”), operates an online platform (“Jugglr”) allowing its users (“Users”) including you (“You”) to connect, provide personal help, and outsource tasks. This is done through Jugglr’s online platform which includes our website at www.jugglrapp.com, the Jugglr mobile application, and any other platform we may introduce in the future (together, the “Jugglr Platform”). This Terms of Use Agreement (“TOU”) governs Your access to and use of the Jugglr Platform, and any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Jugglr Platform (“Content”). In this TOU, “User” used generically refers to any User, including You, and “You” refers to You specifically. [See clause 1.2 for more detail on the meaning of “User”.]

B               Our permission to You to access and use the Jugglr Platform is conditioned on Your acceptance of and compliance with all terms and conditions set out in this TOU. By accessing or using the Jugglr Platform, You indicate that You agree to be bound by the TOU, which includes any policies referred to in and incorporated into the TOU, in particular the Privacy Policy, which is available at www.jugglrapp.com/privacy-policy. You must agree to and accept the TOU (including the Privacy Policy) as a pre-condition for accessing and using the Jugglr Platform. If You do not agree to the TOU (including the Privacy Policy), You must stop using the Jugglr Platform immediately.

C               We reserve the right to change the TOU from time to time. The version that is current at the time of Your use of the Jugglr Platform is the version that controls Your use at that particular time. We will notify You of that change by sending You an email or by posting a website or mobile application notice. By continuing to access or use the Jugglr Platform after a change is made to the TOU, You consent to be bound by the amended TOU.

 

1               SCOPE OF JUGGLR SERVICE            

1.1          Jugglr provides a platform for connecting mothers who are looking for a particular task or service being provided for them (“Jugglr Receivers”) with those willing to provide a particular task or service (“Jugglr Givers”).

1.2          In the TOU, a “User” includes Jugglr Givers, Jugglr Receivers, and any other persons that access or use the Jugglr Platform.

1.3          A User creates an account with Jugglr when a User completes a registration form on the Jugglr Platform and the account is verified. We reserve the right not to verify an account application or to withdraw Your verification, at any time and for any reason. The Jugglr Platform is a private network and it is completely within our discretion who we allow to use it.

1.4          You acknowledge that other Users are not employees, contractors, partners or agents of M3B Labs. Users do not have authority to enter into written or oral, whether implied or expressed, contracts on behalf of M3B Labs.

1.5          While we use our best endeavours to encourage honesty and respect by Users in their dealings with one another, M3B Labs accepts no liability for any aspect of inter-User interaction, including but not limited to: the description of help offered by a User; the quality, timing, legality, failure to provide, or any other aspect whatsoever of the help provided by a User; nor the integrity, responsibility, or qualifications of a User; or the actions or omissions whatsoever of any User. Where we deem it appropriate or required, we will endeavour to resolve any disputes or identified issues between Users. However, M3B Labs has no obligation to any User to assist or involve itself in any way in any dispute between Users.

1.6          We are interested in ensuring the reputation, viability and integrity of the Jugglr Platform, and we take seriously any reports or complaints about User misuse or misbehaviour. We encourage all Users to report to us any inappropriate, unlawful, or offensive conduct or actions of another User that comes to their attention. We will investigate all such complaints and will take any action we consider warranted, including suspending a User’s account or deleting that account.

1.7          Each User who is a Jugglr Giver represents that she is legally capable and authorised to provide the help she gives to other Users via the Jugglr Platform. If You are a Jugglr Giver, You hereby warrant to us that You have that authority, and You also indemnify us and will keep us indemnified from any claim by any person or other loss arising from the fact that You do not have that authority.

1.8          M3B Labs does not become a principal or employer of, or business partner or joint venture with a User merely by reason of that person’s use of the Jugglr Platform, in particular as a Jugglr Giver, and neither is a Jugglr Giver a contractor or agent of M3B Labs. You must not represent Yourself as any of these things to any person, in particular to any Jugglr Receiver. Jugglr Givers are not entitled to any remuneration from us for providing help to Jugglr Receivers. If You do so, You indemnify and will continue to indemnify us against all costs and losses whatsoever arising from or connected with that misrepresentation.

1.9          Creating a trusted and safe network of mothers for You is our priority. You hereby expressly agree that M3B Labs makes no warranty as to the truth or accuracy of any aspect of any information provided by other Users, including, but not limited to, the ability of Jugglr Givers to perform tasks or provide help, or the honesty or accuracy of any information provided by the Users, or of any Jugglr Receiver’s ability to pay (if applicable) for the help requested.

1.10       If any inaccurate, false, misleading or deceptive information is provided to You by another Jugglr User, we request that You report the matter to us immediately so that we can take appropriate action. If You provide or upload inaccurate, false, misleading or deceptive information, or post any offensive Content or Content that breaches another person’s intellectual property rights, we may take any action against You that we consider appropriate. You agree that the Privacy Policy will not apply to prevent us from complying with a request from a person who has been injured by Your actions in breach of this clause for Your name and address, in connection with a complaint to police, a government authority or legal proceedings.

1.11       All information related to the help requested or provided is supplied by the Users to each other. M3B Labs does not moderate, review, approve or verify any User-provided information prior to publication on the Jugglr Platform. M3B Labs makes no representations about the suitability, reliability, timeliness, or accuracy of the help provided by Users through the Jugglr Platform, whether in public, private, or offline interactions. As mentioned elsewhere in the TOU, however, we will respond quickly to complaints regarding User-provided information.

 

2               ELIGIBILITY TO REGISTER

2.1          We believe that a world where mothers can easily connect, share and care for each other is a better world. In order to create this world for the User, to be an eligible User You must be a mother. A User account can only be created in the name of an individual and each User may not have more than one active account at any given time. You must be 18 years of age or older to be an eligible User. You warrant that You are a female individual over 18 years of age.

2.2          The User must provide her real name and current postal code when she registers. When the User registers with the Jugglr Platform, she confirms that the information she had provided is current and accurate at the time of registration and contains at least the minimum mandatory information required to register as indicated by us.

2.3          Should the User register with the Jugglr Platform via Facebook or any other online platform controlled by a third party, she remains bound by the TOU including our Privacy Policy.

2.4          M3B Labs may use the information provided by the User as part of the registration process to verify the accuracy of that information (including, but not limited to, contacting the User by using the information).

2.5          User accounts will be verified through peer verification using other mothers in the relevant local community who are already verified in the Jugglr Platform and/or by any other verification method approved by M3B Labs from time to time.

2.6          At its absolute discretion, M3B Labs may refuse to allow any person to register or create an account with the Jugglr Platform or cancel or suspend any existing account.

2.7          By accessing or using the Jugglr Platform, the User represents and warrants that she meets, and will continue to meet, the eligibility conditions applicable to her registration.

2.8          Any personal information collected by the Jugglr Platform will be held and used by M3B Labs in accordance with our Privacy Policy.

 

3               PAYMENT FACILITY

3.1          Our purpose at M3B Labs is to unlock untapped potential for mothers, making it easy for them to trust and help each other. Where a Jugglr Receiver pays an agreed price for the help provided by a Jugglr Giver, a transaction Service Fee where applicable will be charged to the Jugglr Receiver as a percentage of and in addition to the agreed price. In addition, a fee will be charged to the Jugglr Receiver for the use of the payment facility through an approved payment provider in accordance with this Agreement.

3.2          For transactions involving payment in exchange for a service, the User will have to enter her credit/debit card details. Jugglr does not hold User credit/debit card or bank details. The security and privacy of Your payment and account details is protected using industry standard encryption managed by our approved payment provider(s), currently STRIPE (please visit https://stripe.com/au/privacy for more information about STRIPE’s security system).

3.3          Please not that while we use our best efforts to select our affiliate service providers, such as payment services providers, for their good reputation and reliability, including their approach to information security, we do not control their activity. We will respond quickly to any report from the User of malfunction or misuse of information, and we welcome Your feedback regarding our service partners.

3.4          For transactions involving payment in exchange for a service, the Jugglr Receiver assumes full and sole responsibility for the payment of all agreed compensation and expenses, if any. Users of the Jugglr Platform will be liable for any taxes such as GST required to be paid as a result of exchanging services for payments on the help provided under the TOU (other than taxes on M3B Labs’ income).

3.5          By registering and creating a User account, You agree to be bound by STRIPE’s terms and conditions which are located at https://stripe.com/au/terms. M3B Labs confirms that the services offered by Stripe are Third Party Services and subject to further terms set out for Third Party Services below.

3.6          By paying for help by using the Jugglr Platform, the Jugglr Receiver agrees to be bound by STRIPE’s Privacy Policy which is located at https://stripe.com/au/privacy and hereby consents and authorises M3B Labs and STRIPE to share with one another any information and payment instructions the Users provide and, to the extent required to complete the transaction, with any other third party service provider(s).

 

4               GIFT CARDS AND VOUCHERS        

4.1          Official and authorised Jugglr gift cards (“Gift Cards”) and vouchers or promotional codes (“Vouchers”) may be available and be used in the Jugglr Platform. Each Voucher and Gift Card will have its associated Terms and Conditions with which the User will have to comply in order to access and use them.

 

5               THIRD PARTY SERVICES  

5.1          In order to enhance its value proposition and help mothers connect and help each other, M3B Labs may from time to time include on the Jugglr Platform promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by M3B Labs. Third Party Services may be promoted on the Jugglr Platform as a convenience to our Users who may find the Third Party Services of interest or of use.

5.2          Third Party Services are offered to the User pursuant to the terms and conditions and privacy policies of those third parties. M3B Labs does not control the providers of these Third Party Services, nor their online platforms, and is not responsible for the availability or accuracy of their Content or advertising; or the quality or conformity to description of their products or services. The existence of links on the Jugglr Platform to such websites (including without limitation external websites that are framed by the Jugglr Platform, as well as any advertisements displayed in connection therewith) does not mean that M3B Labs endorses any of the material on such websites, or has any association with their operators. It is the User’s responsibility to evaluate the content and usefulness of the information obtained from other sites.

5.3          If You believe that any Content posted by another User or advertising by a Third Party Services provider is false, deceptive, misleading or inaccurate, or that the goods and services they provide is of sub-standard quality or does not conform to published description, please notify us immediately so that we can investigate the matter and take action which is appropriate in our opinion. We do not wish to associate ourselves with poor service providers and we appreciate Your assistance to identify these persons.

5.4          If the User engages with any Third Party Service provider, her agreement will be directly with that Third Party Service provider and does not involve M3B Labs. M3B Labs makes no representation or warranty as to any aspect of the Third Party Services, including as to quality or suitability. The User hereby agrees to release M3B Labs from liability for any loss that the User may experience as a result of using hyperlinks to, or responding to advertisements to Third Party Services that appear on the Jugglr Platform.

5.5          As part of the functionality of the Jugglr Platform, the User may link her account with other online accounts she may have with third party platform operators (such as Facebook. Here, each such account is referred to as a “Third Party Account”. This linkage can be made either by the User: (1) providing her Third Party Account login information through the Jugglr Platform; or (2) allowing M3B Labs to access her Third Party Account, as permitted by the applicable terms and conditions that govern her use of each Third Party Account.

5.6          You warrant that You are entitled to disclose Your Third Party Account login information to M3B Labs and/or grant M3B Labs access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating M3B Labs to pay any fees or making M3B Labs subject to any usage limitations imposed by such third party service providers. You indemnify and will continue to indemnify M3B Labs against any claims by the operator of the third party platform accessed by Your Third Party Count that we have accessed that platform illegally or in breach of any contract or terms of use.

5.7          By granting M3B Labs access to any Third Party Accounts, You understand that: (1) M3B Labs may with Your permission access, make available and store (if applicable) selected Content that You have provided to and stored in Your Third Party Account (the “SNS Content”) so that it is available on and through the Jugglr Platform via Your account, and (2) M3B Labs may submit and receive additional information to Your Third Party Account to the extent You are notified when You link Your account with the Third Party Account.

5.8          Unless otherwise specified in this Agreement, any SNS Content will be considered to be User Generated Content for all purposes of the TOU. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through Your account on the Jugglr Platform. Please note that if a Third Party Account or associated service becomes unavailable or M3B Labs’ access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Jugglr Platform. You hereby release us from any claims for inconvenience or loss resulting from such an event.

5.9          You will have the ability to disable the connection between Your account on the Jugglr Platform and Your Third Party Accounts at any time. Your relationship with any and all third parties associated with Your Third Party Accounts is governed solely by Your agreement(s) with such third party service providers.

5.10       M3B Labs does not review any SNS Content for any purpose, including but not limited to the following things: accuracy, legality or non-infringement of other person’s legal rights, and M3B Labs is not responsible for any SNS Content. M3B Labs accepts Your representation that Your SNS Content is acceptable and lawful, and uploads that Content on that basis. You hereby indemnify and will continue to indemnify M3B Labs from any loss or claims deriving from You authorising SNS Content which is inaccurate, unlawful, infringes another’s person’s legal rights, or is otherwise malicious or harmful.

5.11       You acknowledge and agree that M3B Labs may access, with Your permission, Your e-mail address book associated with a Third Party Account and Your contacts list stored on Your mobile device or tablet computer solely for the purposes of identifying and informing You of those contacts who have also registered to use the Jugglr Platform. You warrant that You have legal authority to hold and disclose to us such personal information, and You hereby indemnify and will continue to indemnify M3B Labs from any loss or claims deriving from any breach of this warranty.

5.12       At Your request made via e-mail to support@jugglrapp.com, M3B Labs will deactivate the connection between the Jugglr Platform and Your Third Party Account and delete any information stored on M3B Labs’ servers that was obtained through such Third Party Account, except information that we are required to keep by law in relation to the exchange of services and anonymised selected profile information. Please note that we are or may become subject to data retention laws, and must comply with the requirements of those laws where they apply.

5.13       All Content (whether provided by M3B Labs, a User or a third party) within the Jugglr Platform may not be used on third party sites or for other business purposes without M3B Labs’ prior permission and in accordance with M3B Labs Privacy Policy.

 

6               USER’S OBLIGATIONS      

6.1          The User hereby agrees that at all times:

  • To comply with all parts of the TOU (including all Jugglr policies referred to in Information paragraph B above) and all applicable laws and regulations;
  • To post only accurate information on the Jugglr Platform;
  • To treat other Users with respect;
  • To promptly and efficiently perform all her obligations to other Users under the TOU;
  • To not use the Jugglr Platform for any illegal or immoral purpose; and
  • To comply with all laws that apply to her as a Jugglr Giver or Jugglr Receiver, or otherwise when using the Jugglr Platform.

6.2          The User must ensure that the login and password used to access the Jugglr Platform and the details of her account (and any other information used to remember these details) are kept in a private and secure manner. She must immediately notify M3B Labs if she is, or has become, aware that there is, or has been, unauthorised use of her login, password or account or any other security breach relating to her account. The User is responsible and liable for any person or third party that uses her login and password or any other details of her account to access the Jugglr Platform, with her encouragement or permission.

6.3          M3B Labs has no control over the use of any User’s account which is accessed using stolen, pirated or improperly shared login details, until we are made aware of that matter, and we therefore expressly disclaim any liability for any person’s loss or damage resulting from such an event. You hereby release us from any claim that You have or in future may have resulting from such loss or damage where the unauthorised User accessed Your account using Your login details which were not protected or held securely by You, or were made available or shared with that person by You in breach of the TOU.

6.4          The User hereby grants M3B Labs a non-exclusive, unrestricted, perpetual, worldwide, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence and right to use, reproduce, modify and adapt any Content and information posted on or shared with the Jugglr Platform by the User, including, but not limited to the purpose of including that material and information on the Jugglr Platform and/or advertising, marketing, or publicising the Jugglr Platform in any media.

6.5          Any information posted on the Jugglr Platform must not, in any way whatsoever, be potentially or actually harmful to M3B Labs or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by M3B Labs or the other person. Without limiting any provision of this Agreement, You warrant that any information that You supply to M3B Labs will be up to date and kept up to date and must not:

  • Be false, inaccurate or misleading or deceptive;
  • Be fraudulent or involve the sale or supply of counterfeit or stolen items, or goods or services that are illegal;
  • Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  • Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
  • Be defamatory, libellous, threatening, harassing or vilify another person because of their race, ethnicity, sexual orientation or religious or political beliefs;
  • Be obscene or contain any material that, in M3B Labs’ sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to pornographic, inappropriately sexualised or unlawful images;
  • Contain any malicious code, routines, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Jugglr Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information, or which captures any other person’s information without their authorisation;
  • Modify, adapt, translate or reverse-engineer any part of the Jugglr Platform; or
  • Attempt any of the above acts or encourage or permit another person to do or attempt to do any of the above acts.

6.6          M3B Labs reserves the right to monitor Your use of the Jugglr Platform to ensure that Your conduct is appropriate and in accordance with the TOU. Any behaviour that could be deemed offensive or inappropriate (“Inappropriate Conduct”) will not be tolerated.

6.7          Inappropriate Conduct for the purposes of this TOU may include, but is not limited to:

  • Posting anyone’s identification details or other personal information or sensitive financial information on the Jugglr Platform, without that person’s consent.
  • Impersonating another person when using the Jugglr Platform or creating accounts by automated means or under false or fraudulent pretences.
  • Posting unauthorised or unsolicited commercial communications (such as spam) on the Jugglr Platform.
  • Soliciting login information or accessing an account belonging to someone else.
  • Offering any contest, raffle, lottery, giveaway, or sweepstakes (“promotion”) without prior written consent from M3B Labs.
  • Using the Jugglr Platform as a platform to promote political, religious or ideological views.
  • Using M3B Labs’ copyrighted texts, slogans or taglines, or our logos and trademarks, or otherwise acting in a way that suggests we are endorsing Your actions, without our prior, written permission.
  • Breaching or compromising another User’s privacy or the security of another User’s account.
  • Facilitating or encouraging any violations of this clause 6.7 by another person.
  • Any other conduct that M3B Labs may determine to be inappropriate and notifies You not to do, including by posting messages on the Jugglr Platform and amending this TOU.

6.8          In any case where M3B Labs determines there has been a breach of this TOU by You, or there has been Inappropriate Conduct by You, we may terminate Your User account and report the breach to any relevant law enforcement agency, government authority or regulator.

6.9          You must only verify another User through our peer verification process within Jugglr, if that other User is known to you and part of your trusted and safe network.

 

7               CONTENT               

7.1          All Content, whether posted publicly so that other Users of the Jugglr Platform can see it or communicated privately to us or another User, is the sole responsibility of the User who created that Content. M3B Labs reserves the right to intervene to limit communications which is Inappropriate Conduct, by a method of our choosing.

7.2          The User may not provide M3B Labs with any Content that she does not own or have the legal right or authority to publish, or that is defamatory, infringing, illegal or otherwise wrongful, or which offends any of the principles set out in clauses 6.5 and 6.7.

7.3          All Content uploaded by the User will be available to those persons as determined by the User via her account settings and can be collected and used by such persons. We accept no liability for Your errors or poor judgment in deciding Your account settings, or for any loss or damage that You experience from those errors or poor judgment, and You hereby release us from all liability for any claims that You may have at any time for Your loss or damage resulting from those errors or poor judgment.

7.4          M3B Labs uses our best endeavours to ensure that Your Content is only available to those persons permitted by the Your account settings. We implement security protocols to avoid access and viewing of Your Content by persons not authorised by You. M3B Labs disclaims liability for loss or damage resulting from unauthorised persons gaining access to Your Content unless that loss or damage resulted from or was contributed to by our negligence.

7.5          Once Your Content is published in a manner that allows other persons to view it, M3B Labs cannot control what those persons may do with that information. Therefore, we encourage You to think before You post, and only talk about topics that You would be happy sharing publicly.

7.6          Your reliance on or use of any Content or resources acquired by You through the Jugglr Platform from another User is at Your own risk. While we use our best endeavours to ensure that Users understand that they must use the Jugglr Platform responsibly, because of the peer-to-peer nature and purpose of the Jugglr Platform, M3B Labs cannot monitor all Content made available via the Jugglr Platform in real time. Accordingly, until we are made aware of Inappropriate Content and have a reasonable opportunity to intervene, M3B Labs does not accept any liability for loss or harm resulting from such Content.

7.7          M3B Labs does not support, represent, endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, communications, or opinions expressed by any User via the Jugglr Platform.

7.8          We will use our best efforts to manage and monitor the Jugglr Platform to ensure that no harmful, inaccurate or other Inappropriate Content is presented in the Jugglr platform, or, if it any such Content is posted there, we will endeavour to remove it from the platform as quickly as reasonably possible. In the event that, despite our efforts, You are exposed to any Content that could be deemed offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been categorised incorrectly or are deceptive, we request You to notify us as soon as possible so that we can take prompt action to remove it from the Jugglr Platform.

7.9          Under no circumstances will M3B Labs be liable in any way for any Content, including, but not limited to, errors or omissions, or any loss or damage of any kind experienced as a result of Your reliance or use of any Content posted, emailed, transmitted or otherwise made available by another User via the Jugglr Platform or derived from the Jugglr Platform.

 

8               LIMITATION OF LIABILITY               

8.1          Despite anything else provided in the TOU, M3B Labs does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified by the law in force in the State of Western Australia, Australia, or any other the law that governs a User’s interactions with the Jugglr Platform.

8.2          For the purposes of this TOU, a “Non-Excludable Condition” includes any implied condition, warranty or guarantee implied into this TOU by the Competition and Consumer Act 2010 (Cth) or by another applicable law, the exclusion of which from a contract would contravene any such law or cause any part of this TOU to be void.

8.3          Except for any liability that we expressly accept in this TOU, or any Non-Excludable Condition , M3B Labs, on behalf of:

  • itself; and
  • its affiliates; licensors; partners in promotions, sweepstakes or contests; and
  • any such party’s principals, agents, employees, officers, directors, corporate partners, or participants;
  • hereby specifically disclaims all liability for:
  • any loss or damage (actual, special, direct, indirect or consequential); and
  • of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed; and
  • including, without limitation, any liabilities arising in connection with the conduct, act or omission of any other User, any dispute with any other User, or reliance on or implementation of any instruction, advice, act, or service provided to You by another User; and
  • otherwise arising out of or in any way connected with Your use of the Jugglr Platform, and Your interaction with any other User or other third party to who You have access or who has access to You via the Jugglr Platform.

8.4          M3B Labs’ liability to the User for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of the following: resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred, unless the law requires otherwise.

8.5          The User hereby releases M3B Labs and each of the persons referred to in clause 8.3 from any claims that the User may have any time for any damage, loss, expense, suits, claims and/or demand of liability, arising in any way from:

  • the User’s use or inability to use the Jugglr Platform; or
  • any Content submitted by the User or submitted by using her account to the Jugglr Platform, including, but not limited to the extent such Content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.

8.6          Subject to any applicable law to the contrary, M3B Labs reserves the right, at its own expense, to assume the exclusive control of any claim by or against You relating to Your use of the Jugglr Platform. You will not, in any event, settle any claim or demand against You relating to such use without the written consent of M3B Labs.

 

9               PRIVACY               

9.1          The Jugglr Platform’s Privacy Policy, which is available at www.jugglrapp.com/privacy-policy, applies to all Users and forms part of this Agreement. Use of the Jugglr Platform confirms and indicates that You consent to, and authorise, the collection, transfer, storage, processing, use and disclosure of Your personal information by M3B Labs in accordance with the Jugglr Privacy Policy.

9.2          While we use our best efforts to ensure that Users do not abuse the Jugglr Platform in contravention of the TOU, we are not able to monitor that use in real time because of the peer-to-pear nature of the platform. Accordingly, You hereby release M3B Labs from any claims that You may have at any time for defamation, invasion of Your rights to privacy, and unauthorised use and exploitation of Your identity, likeness or voice, arising from the actions or omissions of any other User of the Jugglr Platform, except to the extent caused or contributed to by our negligence.

 

10            CONFIDENTIAL INFORMATION    

10.1       In this TOU, “Confidential Information” includes:

  • any and all of M3B Labs’ trade secrets, confidential and proprietary information, and all other information and data of M3B Labs that is not generally known to the public or to third parties who could derive value, economic or otherwise, from the exploitation, use or disclosure of that information; and
  • all private or non-public technical, financial, strategic and other proprietary and confidential information relating to M3B Labs’ business, operations and assets, including information about M3B Labs’ Users or partners, or other business information disclosed directly or indirectly by any means including text or electronically, symbolically or by computer code or algorithms, and whether readable by humans or machines only;

BUT does not include:

  • information already in the public domain at the time of disclosure; or
  • information that the recipient can prove it has already developed independently;
  • information that the recipient derived from an independent source, not in breach of any confidentiality obligation; and
  • information that the recipient is compelled to disclose by force of law or any order of a court or competent government authority.

10.2       The User hereby acknowledges that our Confidential Information is a valuable, special and unique asset of Company and agrees that, in the event that she has access to such information, she will not disclose, transfer, use or exploit, or induce or encourage any other person to disclose, transfer, use or exploit, any part of our Confidential Information for any purpose not sanctioned by this TOU. The User must promptly notify M3B Labs in writing of any actual or suspected unauthorised disclosure, transfer, use or exploitation of Confidential Information. The User must use her best efforts to protect our Confidential Information from unauthorised disclosure, transfer, use or exploitation.

 

11            DISCLAIMERS     

11.1       Although the Jugglr Platform has been built to be a safe and secure network of mothers helping one another, with processes and systems in place to verify the identity of registered Users, You agree that Your use of and access to the Jugglr Platform is entirely at the Your risk. As stated elsewhere in this TOU, we will act promptly to take appropriate action whenever we are alerted to abuses of the Jugglr Platform, and we You to report any abusive activity or Inappropriate Conduct of any other User that You notice or experience.

11.2       You hereby acknowledge that the Jugglr Platform is provided on an “as is” basis without express warranties of any kind regarding its functionality, including, but not limited to: fitness for a particular purpose, suitability for any intended use; any particular standards of quality; and continuity of operation and freedom from outages, downtime or interruptions M3B Labs does not make any representation or warranty as to the accuracy, completeness or currency of the Content on the Jugglr Platform or information posted to or transmitted to or via the Jugglr Platform by any User; or the acts or omissions (online or offline), suitability, honesty, character or capability of the Users. To the extent permitted by law, the exclusion of implied warranties made by clause 8.3 applies specifically to the matters referred to in this clause.

11.3       Without limiting the foregoing clauses, neither M3B Labs nor its affiliates or licensors warrant that Your access to the Jugglr Platform will be free of technical problems affecting Your use, or that any technical defects in the Jugglr Platform will be corrected, or that the transmission of information via the Jugglr Platform or its operation will be error-free. You acknowledge that neither M3B Labs nor any of its affiliates or licensors is responsible for the conduct, whether online or offline, of any other User, which disrupts, degrades, interrupts or compromises Your use of the Jugglr Platform.

11.4       M3B Labs uses its best efforts to put in place processes and systems to monitor and secure the operation of Jugglr Platform, to the extent that is feasible, given the nature, design and functioning of the Jugglr Platform, however, neither M3B Labs nor its affiliates or licensors warrant that the Jugglr Platform will at all times be free from viruses, worms, Trojan horses, or other malicious or harmful components which have been introduced by persons beyond our control or acting in breach of the TOU. Accordingly, M3B Labs and its affiliates and licensors cannot and do not guarantee that Content or any personal information supplied by You via the Jugglr Platform will never be hacked, misappropriated, intercepted, deleted, destroyed or misused by others. As stated elsewhere in this TOU, we will act promptly to take appropriate action whenever we are alerted to abuses of the Jugglr Platform, and we You to report any hacking or other misuse of Your Content or personal information that You notice or experience

11.5       M3B Labs reserves the right to add, change, or discontinue features of the Jugglr Platform, in our absolute discretion, at any time. If You are dissatisfied with the configuration of the Jugglr Platform at any time, You can opt not to use or access the Jugglr Platform and/or the affected feature.

 

12            MODIFICATIONS TO THE TOU

12.1       M3B Labs reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this TOU (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Jugglr Platform or any Content or information through the Jugglr Platform at any time without any liability accruing to M3B Labs. The version of the TOU that applies to Your use of the Jugglr Platform at any particular time is the version in force at that time. Please check the version information displayed at the end of this TOU.

12.2       M3B Labs will endeavour to notify You of updates to the TOU by email or website notice, but will not be liable for any failure on Your part to note the changes. It is Your responsibility to check what version of the TOU applies whenever You use the Jugglr Platform.

12.3       Except as may be stated in this TOU (including in an incorporated Policy), or as otherwise notified to You, all amended terms of the TOU will automatically be effective one day after the new version is posted on our Website or is notified to You by email (whichever is sooner). Each time You use the Jugglr Platform in any manner after the updated version takes effect in this manner, You acknowledge that any changes to the TOU (including the incorporated Policies) will apply to You, and You confirm Your agreement to be bound by the TOU as amended.

12.4       If any future changes to the TOU are unacceptable to You or cause You to no longer be in compliance with the TOU (including any incorporated Policies), You must terminate Your User account and stop using or accessing the Jugglr Platform.

 

13            RELATIONSHIP   

13.1       No agency, partnership, joint venture, employee-employer or other similar relationship is intended or created between You and us by this TOU or Your use of the Jugglr Platform. In particular, You have no authority to contractually bind or incur any liabilities on behalf of M3B Labs, its related entities or affiliates in any way whatsoever.

13.2       M3B Labs confirms that all Third Party Services that may be promoted on the Jugglr Platform are provided solely by such Third Party Service providers, and that, if You engage with such a party to receive goods or services then You are dealing with them directly and not with us in any manner. Our role is limited to providing a platform where Users can provide assistance (which may include the provision of goods and services) to each other, or where advertisers can market services and goods to Users.

13.3       It is Your responsibility to confirm that any Jugglr Giver with whom they engage is adequately insured, if that matter is relevant, before engaging that person to provide any goods or services, as part of Your agreement with that person. While we use our best efforts to ensure that all Users act responsibly, You acknowledge that we are unable to monitor or police every transaction that occurs via the use of the Jugglr Platform. To the extent permitted by law, M3B Labs specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of a Third Party Service.

 

14            PUBLIC AREAS – ACCEPTABLE USE               

14.1       The Jugglr Platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with each other. You may only use such Public Areas to send and receive messages and material that are relevant and proper to the applicable forum, and in accordance with any instructions posted by us on the Jugglr Platform.

14.2       In addition to all other prohibitions and limitations set out in this TOU, while using the Jugglr Platform You may not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including M3B Labs staff, and other Users, or use information derived from Your use of the Jugglr Platform to do any of those things outside the Jugglr Platform.
  • publish, post, upload, distribute or disseminate any illegal, offensive, defamatory, obscene or unlawful material or information.
  • use the Jugglr Platform for any purpose in violation of any applicable law.
  • upload material that violates the intellectual property rights or rights of privacy or publicity of any person.
  • upload malicious or harmful electronic programs or routines including viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another person’s computer including the components of the Jugglr Platform and the hardware of any other User or any advertiser.
  • post or upload any Content regarding which You do not have complete legal authority to do so, including necessary licences, rights or other permissions.
  • conduct or forward surveys, contests, pyramid schemes, chain letters or anything similar.
  • impersonate another person or User or allow any other person or entity to use Your identification to post or view comments.
  • post the same Content repeatedly (“Spamming”), in particular unsolicited advertisements. Spamming is strictly prohibited and will result in termination of Your account without further notice from us.
  • download any file posted by another User that You know, or reasonably should know, cannot be legally distributed through the Jugglr Platform, including any material apparently posted in breach of any person’s intellectual property rights.
  • restrict or inhibit any other User from using and enjoying the Public Areas.
  • imply or state that any statements that You make are endorsed by M3B Labs, unless You have first obtained the written consent of M3B Labs.
  • use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Jugglr Platform and the information placed on it in any manner.
  • hack or interfere with the Jugglr Platform, its servers or any connected networks, or use the Jugglr Platform as an avenue to hack the hardware of any other person, including any other User or any advertiser.
  • copy, adapt, alter, license, sublicense or translate the Jugglr Platform for Your own personal or commercial use.
  • remove or alter, visually or otherwise, any copyright notices, trademark registration symbols or notifications, or other proprietary marks and rights owned by M3B Labs.
  • upload Content that is offensive and/or harmful, including, but not limited to, Content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
  • upload Content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner, in particular minors under 18 years of age.
  • use the Jugglr Platform to collect Usernames and or/email addresses of other Users by electronic or other means.
  • use the Jugglr Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining M3B Labs’ trade secret information for public disclosure or other purposes.
  • attempt to circumvent the payments system or avoid payment of service fees in any way including, but not limited to, processing payments outside of the platform otherwise acting in a fraudulent manner.
  • register under false or altered or alternative Usernames or identities, including in particular after Your account has been suspended or terminated, or register under multiple Usernames or identities.
  • induce or encourage any person to engage or attempt to engage in any of the restricted activities listed above.

14.3       You acknowledge that all Content posted to Public Areas of the Jugglr Platform by You may be available to viewing and use by other Users, and that consequently You may be identified by Your name or login identification when communicating in Public Areas. As stated elsewhere in the TOU, while M3B Labs encourages all Users to act responsibly we cannot control and therefore cannot be responsible for the actions of other Users with respect to any Content posted by You in Public Areas. Please notify us of any alleged misuse or other Inappropriate Conduct by any other User relating to Your Content, so that we can take such action that in our opinion is appropriate, in the circumstances.

 

15            DISPUTE RESOLUTION     

15.1       You agree that You will not litigate any dispute with us regarding this TOU or the Jugglr Platform, except for applications for urgent injunctions, unless You have first followed the procedures set out in this clause. You must notify us in writing of any dispute. We will then contact You, as soon as reasonably practicable, to negotiate that matter. You and we must negotiate in good faith to attempt to resolve the matter. If a negotiated solution is not possible within a reasonable timeframe, You agree that we may refer the matter to a mediator, and may provide the mediator with all necessary information required to understand the nature and scope of the dispute, including Your personal information. The mediator must be independent of both You and us and must operate under a recognised code of mediation practice. You and we must participate in the mediation in good faith in an attempt to resolve the dispute. We will pay the cost of the initial two hours of mediation, after which You and we will share the cost of the mediation equally. Only after negotiation and mediation have both failed may either You or we resort to litigation to determine the dispute, in which case clause 17.1 will apply.

15.2       You agree that M3B Labs has the right to hold or refund any payment related to a dispute until the dispute has been resolved.

15.3       If M3B Labs provides You with information regarding any other Users for the purposes of resolving a disputes in accordance with clause 15.1, You acknowledge and agree that such information can be used by You only for the purpose of resolving the dispute (and no other purpose) and that You will indemnify M3B Labs against any claims relating to any other use of information not permitted by this clause.

15.4       If You have a complaint about the Jugglr Platform or the conduct of any of our employees, agents, affiliates or any other User, please contact M3B Labs at support@jugglrapp.com and we will endeavour to resolve Your complaint as quickly as possible.

 

16            TERMINATION   

16.1       Either You or we may terminate Your account at any time for any reason. On termination of Your account, the TOU will cease to apply to You, except for any terms that are of continuing operation.

16.2       The following terms of the TOU will continue to apply after Your account is terminated, namely: all confidentiality and privacy obligations; all payment obligations; all releases, warranties and indemnities; all disclaimers and other restrictions and limitations on liability; the provisions regarding the resolution of disputes; all provisions applying to the intellectual property rights of any person; all provisions establishing Your liability for misuse however described of the Jugglr Platform or harm caused to other Users or any other person; all restrictions applying to our proprietary information and the components of the Jugglr Platform; and any other provisions which by their nature or language are clearly intended to be of continuing operation.

16.3       At Your request made via e-mail to support@jugglrapp.com, M3B Labs will delete any information stored on M3B Labs’ servers that was obtained through using the Jugglr Platform, except for any information we are required to keep by law in relation to the exchange of services and anonymised selected profile information.

16.4       If M3B Labs terminates or suspends Your account, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, M3B Labs reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16.5       M3B Labs may stop making the Jugglr Platform available (or any part, service or feature of it) at any time without prior notice to You. If the Jugglr Platform is discontinued entirely, Your account will be terminated.

 

17            GENERAL

17.1       The TOU and Your contractual relationship with us are governed by the laws in force in the State of Western Australia , and You agree that those laws will apply to all matters arising under this TOU or Your use of the Jugglr Platform, and that the courts of that State will have exclusive jurisdiction over all such matters.

17.2       The provisions of this TOU are severable, and if any of those provisions is held to be invalid or unenforceable, such provision will be regarded as severed and the remaining provisions will be remain in full force and effect to the greatest extent possible.

17.3       Your contractual relationship with us under the TOU may be assigned by M3B Labs to a third party without Your consent, including but not limited to the following assignments: (1) to a parent or subsidiary, (2) to an acquirer of our assets, or (3) to any other legal successor or acquirer of our business. In the event of an assignment, You will remain bound by this TOU. This TOU will inure to the benefit of the legal successors and assignees of M3B Labs.

17.4       This TOU sets out the entire understanding and agreement between You and M3B Labs with respect to the subject matters dealt with here.

17.5       Failure by M3B Labs to enforce any provision(s) of this TOU will not be construed as a waiver of any provision or right on any other or future occasion.

18            INTELLECTUAL PROPERTY RIGHTS

18.1       All text, graphics, editorial writing, data, formatting, graphs, designs, HTML, image (look and feel), photographs, music, sounds, images, software, videos, designs, typefaces and other elements (collectively “Proprietary Material”) that the Jugglr Platform uses or is comprised of is owned or licensed by M3B Labs, excluding Content created by Users (“User Generated Content”) that M3B Labs has the licensed right to use and display under these TOU. The Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed by the domestic and international laws of copyright, patents, and other proprietary rights, and You may not use the Proprietary Material in any manner or for any use except those authorised by the TOU. Your use of the User Generated Content is also governed by the TOU.

18.2       Further to clause 18.1, in particular You may not copy, download, use, redesign, reconfigure, or retransmit any part of the Proprietary Material from the Jugglr Platform without M3B Labs’ express, prior written consent and, if applicable, the consent of any holder of the rights to any User Generated Content in question. Any use of such Proprietary Material, other than as permitted by this TOU is expressly prohibited and may subject You to civil and criminal penalties. In general You may download material (whether Proprietary Material or User Generated Content) from the Jugglr Platform in accordance with any instructions posted there for Your personal viewing, but not for any other use, including any commercial use.

18.3       The service marks and trademarks of the Jugglr Platform and M3B Labs are service marks owned or licensed by M3B Labs. Any other trademarks, service marks, logos and/or trade names appearing via the Jugglr Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the respective owner.

 

19            COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT            

19.1       M3B Labs respects the intellectual property of others, and expects its Users to do the same. If You believe, in good faith, that any materials provided on or in connection with the Jugglr Platform infringe upon Your copyright or other intellectual property rights, please send the following information to our Copyright Agent at support@jugglrapp.com.

  • a description of the copyrighted work that You claim has been infringed, including the URL (Internet address) or other specific location on the Jugglr Platform where the material You claim is infringed is located. Please include enough information to allow M3B Labs to locate the material, and please explain why You think an infringement has taken place;
  • a description of the location where the original or an authorised copy of the copyrighted work exists: for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  • your address, telephone number, and email address; and
  • a statement by You that You believe in good faith that the disputed use is not authorised by the copyright owner, its agent, or the law

19.2       After we have investigated Your copyright infringement claim, and have contacted the person alleged to have infringed Your copyright, we may request You to do the following:

  • provide a statement by You, made under penalty of perjury e.g. in a statutory declaration, that the information in Your complaint is accurate, and that You are the legitimate copyright owner or are properly authorised to act on the copyright owner’s behalf; and
  • if You are not the actual copyright owner, provide a statement from the owner demonstrating that You are authorised to act on their behalf.

 

20            SPECIAL PROMOTIONS   

20.1       M3B Labs from time to time may provide certain promotional opportunities, sweepstakes and contests to its Users. All such promotions will be run at the sole discretion of M3B Labs, in accordance with the law in force in the State of Western Australia, and can be activated, modified or removed at any time by M3B Labs without advance notification to You (unless the law requires otherwise). The liability of any of M3B Labs and its promotion partners with regard to such promotional opportunities, sweepstakes and contests will be as stated in clause 8 of this TOU.

 

21            MISCELLANEOUS               

21.1       You agree and acknowledge that, by providing us with Your mobile phone number when registering to use the Jugglr Platform, You indicate Your consent to our use of Your mobile phone number for calls and texts in order to provide our services and improve upon the performance of the Jugglr Platform. M3B Labs will not impose any charges on new for such calls or texts, but standard message charges or other charges from Your telecommunications carrier may apply. You may opt-out of receiving text messages from us by modifying Your account settings on the Jugglr Platform, or by emailing us at: support@jugglrapp.com

21.2       By registering Your account and using the Jugglr Platform, You acknowledge that You have read, understood and agree to each and every provision of this TOU.

21.3       The following rules of interpretation apply to the TOU:

  • a word that denotes the singular includes the plural, any gender includes the other genders, and a person includes a corporation.
  • a reference to any communication or notification includes communication or notification made by letter, email or some other written method, provided that the communication or notification is delivered.
  • a reference to any law includes all amendments, subsidiary legislation and replacement legislation.
  • a reference to “this TOU” or “the TOU” includes all documents incorporated by reference, in particular the Jugglr policies referred to in Introduction paragraph B, like the Privacy Policy.
  • the word “include’ in any form means to include without limitation.
  • where a word or phrase is defined, another part of speech and grammatical form of that word or phrase has a corresponding meaning.
  • headings are for convenience only and do not affect interpretation construction of the text.
  • no rule of construction applies to the disadvantage of M3B Labs merely because the TOU is composed by M3B Labs.
  • if a party consists of two or more persons, than those persons are affected jointly and severally by any applicable provisions of the TOU.
  • any words or phrases that are defined in any provision of this TOU have the defined meaning throughout the TOU, unless indicated otherwise.

21.4       The TOU will apply to you while you are a User, and any obligations identified as continuing obligations will continue to apply to You afterwards, as indicated in clause 16.2.

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