LISMORE APP – TERMS OF USE

Terms and Conditions

LISMORE APP PTY LTD TERMS OF USE

By visiting or using this Lismore App, You agree to be bound by these Terms. We may change these Terms at any time and will post the changes on the Lismore App. If You disagree with the changes, then You must stop visiting and using this Lismore App.

DEFINITIONS

In these Terms, the following words have the following meanings:

Lismore App: means the Mobile Application (The Lismore App) and the Web Application (https://lismoreapp.com.au) owned and operated by Us.

Including: means including without limitation.

Our IP: means intellectual property owned or licensed by Us relating to Our Lismore App, Products or Services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Lismore App or Our Products or Services and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including

source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.

Privacy Statement: means Our Privacy Statement available at https://lismoreapp.com.au/PrivacyStatement.

Products: means any products provided to You by Us via the Lismore App.

Services: means any services, features or functionalities provided to You by Us via the Lismore App.

Website: means this website.

We, Us and Our: means Lismore App Pty Ltd.

You: means you as an individual, and Your has a corresponding meaning.

ACCESS AND USE

You agree to access and use the Lismore App and any Products and Services in accordance with these Terms and all applicable laws. You may:

• Temporarily download one copy of the Lismore App content for personal, non- commercial, transitory viewing only.

You may not:

• Archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Lismore App content;
• Circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Lismore App;
• Use any automated tools or mechanisms, including any robot, spider or scraper to access the Lismore App or insert any code or manipulate the Lismore App;
• Reverse engineer, disassemble or decompile any software or software processes in relation to the Lismore App;
• Use the Lismore App content for any commercial purpose, or for any public display (commercial or non-commercial);
• Remove any copyright or other proprietary notices on the Lismore App;
• Install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the Website or the ability of others to access and use the Lismore App, Products or Services.

OUR OPTIONS

Under these Terms, We may:

• Edit or remove any content, features or functionality of the Lismore App;
• If you are a Member, monitor Your account and activities on the Lismore App;
• If You are not a Member, monitor Your use of the Lismore App;

If You breach these Terms, We may:

• Suspend or terminate Your account (if You are a Member); and/or
• Take legal action against You.

INTELLECTUAL PROPERTY

Unless expressly provided for in these Terms (or separately agreed between us in writing), Your use of this Lismore App or Our Products or Services do not transfer the ownership or grant any right or title in or to any of Our IP to You or any third party. You

agree and acknowledge that:

• We retain all right, title and interest in and to the Our IP and You agree to not attack, dispute or contest the validity, or the ownership, of Our IP; and
• No ownership rights in any of Our IP are vested or created by the limited rights of use granted to You under these Terms, and that all use of Our IP under these Terms, continues for Our benefit.

PRIVACY AND COMMUNICATION

By using the Lismore App, You agree to abide by and comply with Our Privacy Statement located at https://lismoreapp.com.au/PrivacyStatement. You agree that We can send You information relating to Our Products and Services by using electronic messages or other means. You may unsubscribe from the electronic messaging services at any time by emailing Us here.

MEMBER’S AREA

If you are a Member of the Lismore App, You agree to comply with the following when posting feedback and/or other content in the Member’s discussion area.

You may not:

• post defamatory statements;
• post retaliatory feedback;
• post content that contains swear words or other offensive or inappropriate material;
• post content that discloses personal information about a Member or any other person (without their consent);

We may remove and/or edit Your content if:

• It breaches these Terms and/or any other agreement You have with Us;
• We receive a Court order to remove the content;
• in Our sole discretion, We consider it appropriate for whatever reason to remove the content.

NO WARRANTY

To the maximum extent permitted by law, We expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Lismore App.

You acknowledge that:

• Your use of the Lismore App is at Your sole risk;
• The Lismore App are provided “as is” and “with all faults”; and
• the Lismore App may not be secure, timely, uninterrupted, error-free or otherwise reliable;
• We may cease to make available any of the Wanaka App content;
• the transmission of information via the internet is not secure and We cannot guarantee the security of Your data in transmission to or from our Lismore App.

LINKED SITES

This Lismore App may contain links to other websites of which We do not have control and are not governed by these Terms or Our policies. Any link to other websites is not an endorsement of those websites by Us and We are not responsible for the content,

accuracy and/or availability on those websites.

INDEMNITY

You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Lismore App, including but not limited to any breach by You of warranties under these Terms, and from any third party claims arising out of or incidental to Your use of this Lismore App.