Terms and Conditions for YesVR Training App
These terms and conditions (the “Terms”) govern your use of the YesVR Training App (the “App”) owned by YesVR Pty Ltd (the “Company”). By accessing or using the App, you agree to be bound by these Terms. If you disagree with these Terms, do not access or use the App.
Use of the App
The App is intended for use only by persons of legal age to enter into a binding contract in the country in which they reside. By accessing or using the App, you represent and warrant that you are of legal age to enter into a binding contract.
You may use the App only for lawful purposes and in accordance with these Terms.
The Company may suspend or terminate your access to the App if you utilize the App in violation of these Terms.
The App is controlled and operated by the Company from its offices in Sydney, Australia. The Company makes no representation that materials on the App are appropriate or available for use in other locations. Those who choose to access the App from other locations do so on their initiative and are responsible for compliance with applicable local laws.
Intellectual Property
The copyright in all material provided on the App is held by the Company, its affiliates, or the original creator of the material.
The contents of the App may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of the Company or the copyright owner, except that you may copy, download or print the materials on the App for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded or printed materials.
You also may not, without the Company’s permission, “mirror” any material contained on the App or any other server. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted material. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the App, including but not limited to customer identities.
All trademarks, service marks, and trade names in the App are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. Any unauthorised use of any material on the App may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
The section in the Terms of Service states that the materials provided in the Services, including materials in linked services, are provided “as is” without any express or implied warranties. The Company and its affiliates disclaim all warranties, including any warranty of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The exclusion of implied warranties may not apply to you, depending on the applicable law.
The Company does not guarantee that the materials or functions in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or results of the use of the materials in the Services in terms of their correctness, accuracy, reliability, or otherwise.
If your use of materials from the Services results in the need for servicing, repair, or correction, you agree that your use of the Services, including all content, data, or software distributed, downloaded, or accessed from or through the Services, is at your sole risk. You will be solely responsible for any damage to your business, your computer system, or loss of data that results from the download of such content, data, and/or software.
Under no circumstances shall the Company, its affiliates, agents, and suppliers be liable for any damages, including direct, indirect, incidental, special, punitive, consequential, or other damages (including lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in the Services or any linked services, even if the Company is advised of the possibility thereof, nor for any claim by a third party. If the use of materials from the Services results in the need for servicing, repair, or correction of user equipment or data, the user assumes any cost thereof.
By using the Services, you agree to release, defend, indemnify, and hold the Company and its affiliates harmless from and against any claims, losses, liabilities, damages, and expenses (including attorney’s fees) arising out of your use of the Services or your violation of these Terms.
Indemnification
You agree to defend, indemnify, and hold harmless YesVR Pty Ltd, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable Lawyer’s fees) arising out of or relating to your violation of these Terms or your use of the Services.
Termination
These Terms will remain in full force and effect while you use the Services. YesVR Pty Ltd may terminate these Terms or suspend your access to the Services at any time, for any reason, and without notice to you. Upon termination, you must immediately cease all use of the Services and destroy any materials obtained from the Services.
Miscellaneous
These Terms constitute the entire agreement between you and YesVR Pty Ltd regarding the use of the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. YesVR Pty Ltd’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Governing Law
These Terms and your use of the Services will be governed by and construed in accordance with the laws of Australia, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Services will be instituted exclusively in the federal or state courts located in Sydney, Australia.
Contact Information
If you have any questions about these Terms or the Services, please contact us at [email protected]
