Description of the Service
Wise Labs Pty Ltd provides multiple websites and applications to help people and teams better work. Through the Services, you may be able to access, and post Content to, our platform and related services. “Content” includes any materials that you or other Users post to our Service, including tasks, comments, attachments, and other information about you. The Services may also enable you to comment upon certain Content that our other Users have posted to the Service. Further, the Services may also provide you with access to features and content that are provided by our websites and apps.
For more information about the Service, please contact us at [email protected]
Wise Labs Pty Ltd – Terms Of Service
Last Revised: April 2020
Changes to these Terms
These Terms may be changed from time to time. You should review the Terms regularly to know about our practices. If changes are made, the date at the top of the policy will be updated indicating to you that a change has been made. We may at our discretion, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when they are posted. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.
Right to Use the Service
So long as you fully comply with these Terms, Wise Labs grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service.
Except as expressly authorized by these Terms, you may not: (a) disassemble, decompile or reverse engineer any of the software components of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) modify, disclose, alter, translate or create derivative works of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
When you create a member account, you agree to maintain the security of your password. If anyone other than yourself accesses your account, they may perform any actions available to you, and accept any legal terms available therein, all such activity will be deemed to have occurred on your behalf and in your name. You are encouraged to keep your log-in credentials confidential. A compromised password can lead to your sensitive and personal information being leaked. If you discover or suspect any Service security breaches, inform us immediately. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Wise Labs reserves the right to deny, deactivate, or terminate any account at our discretion.
Subject to the terms, conditions and limitations set forth in the Terms, Wise Labs grants you a nonexclusive, worldwide, personal, non-assignable, non-sub licensable, non-transferable and revocable license to use our products any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Wise Labs that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) rent, lease, lend, sell, redistribute or sublicense our products; (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of our products, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in our products. If you violate any of the restrictions set forth in the Terms, your rights to use our products will immediately cease, and you will have infringed the copyright and other rights of Wise Labs, which may subject you to prosecution and damages. Wise Labs reserves all rights not expressly granted to you in the Terms.
Access to our products is only available through a subscription after the trial has ended. Pricing is subject to change. The benefits associated with our paid subscriptions are subject to change on an ongoing basis. Subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled.
If you initiated your subscription through Apple or Google, Payment will be charged to iTunes or Google Play Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period and the Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. You can visit their respective support pages online for information about managing your auto-renewing subscription.
If you initiated your subscription from our product, you can cancel from within the product, or you can contact us at [email protected] with your written request for cancellation. Cancellations received with at least seven (7) days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than seven (7) days before the end the then-current subscription period are effective at the end of the next subscription period. Wise Labs may cancel your subscription with or without cause at any time. If Wise Labs cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by Wise Labs. Termination of your subscription will automatically terminate these Terms.
Service and Discount Codes
Wise Labs at its discretion may issue codes that allow you to receive a discount to the subscriptions or other benefits. Discount or Service codes, if available, must be redeemed at the time you order a subscription to our products and cannot be combined with any other discounts, promotions or offers without Wise Labs’ express consent. Redemption of service codes is subject to Wise Labs’ approval and valid registration with our products. Service codes are not transferable except with our express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.
Informational Purposes Only
The Services are for your basic informational purposes only. You in your sole discretion must decide whether or not to utilize the platform provided by Wise Labs. While we offer information and tools to help you manage your time and tasks, we do not provide professional advice and have no liability for your reliance on any information obtained through your use of the Services (whether provided by Wise Labs or its users).
Wise Labs’s Rights
You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service. As between you and Wise Labs, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Wise Labs or is used with permission. Wise Labs reserves all rights not expressly set forth in these Terms.
Third Party Materials
Third party content or services may be made available on or through the Services as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). Third Party Materials is not under our control nor does Wise Labs endorse it, nor are we responsible for reviewing the accuracy of any Third Party Materials. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, these Terms and all other Wise Labs policies will not govern your use of other websites and services.
Personal Data Collected by Third Parties
Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms and the parties acknowledge and agree that upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.
Relationship with Wise Labs
Your use of the Services does not create any other type of relationship between you and Wise Labs Pty Ltd. Including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by Wise Labs to you or any other User except as otherwise expressly stated in these Terms or any other written agreement signed by an authorized agent of Wise Labs.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL WISE LABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF WISE LABS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF WISE LABS’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO WISE LABS FOR THE SERVICES.
You will defend, indemnify Wise Labs and its affiliates, directors, officers, employees, strategic partners, licensors, and any other related party against all liabilities, damages, losses, costs, fees (including legal fees) and expenses arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your account.
Changes to the Service
Wise Labs reserves the right to make changes to the Terms from time to time. When changes are made, Wise Labs will make a new copy of the Terms available. Wise Labs will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected].
Suspension and Termination
Wise Labs may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at Wise Labs’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at [email protected]
Enforcement of these Terms is solely at Wise Labs’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms. You should never use an App while operating your vehicle.
If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.
Developer Name and Address
Any end-user questions, complaints or claims with respect to Wise Labs should be directed to:
Wise Labs Pty ltd
1, 31 Malabar Road
Coogee, NSW, 2034, Australia
Email: [email protected]
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