About the Application
Welcome to Newie (the "Application"). The Application facilitates recurring billing between (a) ‘Users’ and (b) ‘Service Providers’ for services delivered by Service Providers outside of the application (the "Services").
The Application is operated by Reco App PTY. LTD. (ACN 649 841 234). Access to and use of the Application, or any of its associated Products or Services, is provided by Reco App. Please read these terms and conditions (the "Terms") carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
Reco App reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Reco App updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by using or browsing the Application.
In order to access the Services, both the Users and the Service Providers are required to register for an account through the Application (the "Account").
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including a Preferred username or Email address.
You warrant that any information you give to Reco App in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Application ("Member") and agree to be bound by the Terms
Your obligations as a Member
As a Member, you agree to comply with the following:
- You will not share your profile with any other person;
- You will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- You have sole responsibility for protecting the confidentiality of your password and/or email address;
- Use of your password by any other person may result in the immediate cancellation of the Services;
- Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Reco App of any use of your password or email address or any breach of security of which you have become aware;
- You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- Any content that you broadcast, publish, upload, transmit, post or distribute on the Application ("Your Content") will always be accurate, correct and up to date and you will maintain reasonable records of Your Content;
- There is no tolerance for objectionable content of any kind on Newie. If we deem Your Content to be objectionable you will be banned from the Service;
- You agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Members is made available to you);
- Access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;
- You will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Reco App;
- You will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
- You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Reco App for any illegal or unauthorised use of the Application; and you acknowledge and agree that any automated use of the Application or its Services is prohibited.
Copyright and Intellectual Property
The Application, the Services and all of the related products of Reco App are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Reco App or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Reco App, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to use the Application pursuant to the Terms copy and store the Application and the material contained in the Application in your device"s cache memory.
Nothing you do on or in relation to the Application will transfer any: business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You or the owner of Your Content still owns the copyright in the content sent to us, but by submitting Your Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other Users or Service Providers of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit Your Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of Your Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
Removal of Your Content
Your Content will be removed from the Application and any associated advertising within 60 days of submitting a Request for Removal to Reco App. Removal requests should be emailed to Reco App at email@example.com.
We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorisation or legally valid reason may lead to a violation of Newie’s policies.
Not all unauthorised uses of copyrighted content constitute an infringement. In many countries, exceptions to copyright infringement allow the use of copyrighted works under certain circumstances without authorisation. These include the fair use doctrine in Australia, United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).
Reco App respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Reco App of your infringement claim in accordance with the procedure set forth below.
Reco App will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Reco App at firstname.lastname@example.org (Subject line: “DMCATakedown Request”).
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or
- intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Reco App will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Reco App make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Reco App) referred to on the Application.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application); costs incurred as a result of you using the Application, the Services or any of the products of Reco App; and the Services or operation in respect to links which are provided for your convenience.
You acknowledge that Reco App Application and the Services are only intended to facilitate the interactions between the Users and the Service Providers and does not offer any services other than the Services and Reco App holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Reco App. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Reco App will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Limitation of Liability
Reco App"s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Reco App, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that Reco App holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Application.
Termination of Contract
If you want to terminate the Terms, you may do so by providing Reco App with 3 days" notice of your intention to terminate by sending notice of your intention to terminate to Reco App via the "Contact Us" link on our homepage.
Reco App may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision; Reco App is required to do so by law; Reco App is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or the provision of the Services to you by Reco App is, in the opinion of Reco App, no longer commercially viable.
Subject to local applicable laws, Reco App reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Reco App"s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Reco App have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Reco App, its affiliates, employees, agents, contributors, third party content Service Providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or any breach of the Terms.
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must: Within 60 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; if for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Fair Trading or his or her nominee; The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; The mediation will be held in, Australia.
Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation: If 60 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction: The Services offered by Reco App is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Governing Law: The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice: Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance: If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.