Terms and Conditions

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

• Application — The software program provided by the Company, named Yesandi.
• Application Store — The digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Affiliate — An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country — Refers to Australia.
• Company — (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Yesandi.
• Device — Any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Service — Refers to the Application or the Website or both.
• Terms and Conditions — (also referred to as "Terms") means these Terms and Conditions which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.
• Third-Party Social Media Service — Any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
• Website — Refers to Yesandi, accessible from https://yesandi.app
• You — The individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

To access most features of the Service, You must create an account. When You create an account, You must provide information that is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your account on the Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use as a username the name of another person or entity, or a name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at Our sole discretion, including where We determine that a user has violated these Terms.

User-Generated Content

Our Service allows You to create, post, and share content including events, messages, wishlists, and profile information (collectively, "User Content"). You are responsible for the User Content that You post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, You represent and warrant that:

• The User Content is Yours (You own it) and/or You have the right to use it and grant Us the rights and licence as provided in these Terms.
• The posting of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
• The User Content does not contain material that is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.

You retain any and all of Your rights to any User Content You submit, post or display on or through the Service, and You are responsible for protecting those rights. We take no responsibility and assume no liability for User Content You or any third party posts on or through the Service.

By posting User Content on or through the Service, You grant Us a non-exclusive, royalty-free, worldwide licence to use, store, display, reproduce, and distribute such content as necessary to provide and operate the Service. This licence ends when You delete Your content or Your account, except to the extent Your content has been shared with others who have not deleted it.

Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Yesandi and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.

Our trademarks and trade dress — including the Yesandi name, logo, visual design, colour palette, and signature gradient — may not be used in connection with any product or service without the prior written consent of Yesandi.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Service, except as generally and ordinarily permitted through the Service in accordance with these Terms.

Feedback

If You provide Us with any feedback, suggestions, ideas, improvements, or other input related to the Service ("Feedback"), You agree that We may use and implement such Feedback in any manner, including in future versions of the Service, without any obligation to compensate You or give You credit. By submitting Feedback, You grant Us a perpetual, irrevocable, royalty-free, worldwide licence to use, copy, modify, create derivative works based on, and otherwise exploit the Feedback for any purpose.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Links from a Third-Party Social Media Service

The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. The Company does not endorse or assume responsibility for any Third-Party Social Media Service. Your use of any Third-Party Social Media Service is governed by that service's own terms and privacy policies.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may do so through Your account settings or by contacting Us.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 AUD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

The Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free.

Governing Law

The laws of Australia, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at hello@yesandi.app.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email at hello@yesandi.app