Terms of Service

Introduction

The Terms and Conditions (“Terms”) describe how we at APPOINTIV regulate your use of the website - https://www.appointive.com (the “Website”).

We may change the Terms at any time. We will inform you in advance of the changes to the Terms using the available means of communication (for example, in-built notification, email, or chat).

1. Privacy Policy

Appointiv is committed to protecting your privacy. We comply with the Privacy and Personal Information Protection Act 1998 (NSW) (including the Information Privacy Principles (IPPs)) (PPIPA), the General Data Protection Regulation (GDPR), and all other relevant Australian, American, and European legislation.

2. Your Account

When using the Website, you shall be responsible for ensuring the confidentiality of your account, password, and other credentials and for secure access to your device. You shall not assign your account to anyone. We are not responsible for unauthorized access to your account that results from misappropriation or theft of your account. We may, at our discretion, and on reasonable grounds, refuse or cancel service, terminate your account, and remove or edit content.

Generally, we do not knowingly collect personal data from persons under the age of 13 (thirteen). If you are under 13 (thirteen) years old, you may not use the Website and may not enter into the Terms. Some countries may have other age threshold and if that age threshold applies to our Website, we will consider the applicable age threshold.

3. Services, Payments, and Cancellation

The Website allows you to use services available on the Website. The Website offers design services for companies and individuals of all kind (hereinafter the “Services”). The more detailed explanation of all features of the Services is available on the Website.

You shall not use the Services and Website for the illegal, immoral or inappropriate purposes The Services may not be abused and we provide some guidelines/answers in our FAQ section.

We may, at our sole discretion, set fees for using the Website or services. All fees are published separately on relevant pages on the Website. We may, at our sole discretion, at any time, change the fees with a 5 working days notice.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites/applications. You may purchase a paid subscription by paying a subscription fee in advance on a monthly, yearly or other basis or some other recurring interval disclosed to you prior to your purchase on the Website. We may change the price of the subscription fee, at our sole discretion, with a 5 working days notice. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the subscription prior to the price change.

Your Subscription will automatically renew at the end of the applicable subscription period unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect on the last day of the subscription period.

Appointiv offers a 14-day customer satisfaction period for quarterly, bi-annual, and annual subscriptions only. Monthly subscriptions are non-refundable. This is not applicable for renewals. Beyond that 14-day window of your first quarterly, bi-annual, and annual subscription, no refunds are possible under any circumstance, including unused time or change of plan. You are responsible for using the service after payment.

If you take advantage of the 14-day customer statisfaction period or other refunds, Appontiv will keep ownership of the rights to any work created during that time, and it may not be used for any purposes.

4. Third Party Services

The Website may include links to other sites, applications, and platforms (hereinafter the "Linked Websites"). We do not control the Linked Websites, and shall not be responsible for the content and other materials of the Linked Websites. We make these links available to you for providing the functionality or Services on the Website. We mentioned some of the Linked Websites in our Privacy Policy. You may also find terms and conditions of the Linked Websites on their websites.

5. Prohibited Uses and Intellectual Property

We grant you a non-transferable, non-exclusive, revocable license to access and use the Website from one device in accordance with the Terms.

You shall not use the Website for unlawful or prohibited purposes. You may not use the Website in a way that may disable, damage, or interfere in the Website.

You may not publish, transmit, modify, reverse engineer, scratch, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Website shall not entitle you to make any illegal and prohibited use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use unless otherwise authorized by us. We do not grant you any licenses to our intellectual property unless otherwise provided in the Terms or individual agreement.

Nevertheless, we may provide exceptions regarding the use and license conditions of the Content. In such a case, we may allow you to use some of the Content in a particular way.

6. Disclaimer of Certain Liabilities and Limitation

EXCEPT FOR ANY LIABILITY THAT BY LAW CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES WILL APPOINTIV, ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, COST (INCLUDING, BUT NOT LIMITED TO LEGAL COSTS) WHATSOEVER RESULTING FROM ANY USE OR ACCESS OR INABILITY TO USE OR ACCESS THE WEBSITE.

YOU INDEMNIFY AND AGREE TO KEEP HARMLESS APPOINTIV AND ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS IN RESPECT OF ANY CLAIM, PROCEEDINGS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO LEGAL EXPENSES) ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY NEGLIGENT ACT OR OMISSION IN PERFORMING YOUR OBLIGATIONS UNDER THIS AGREEMENT OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.

7. Indemnification

You agree to indemnify, defend and hold harmless us, our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Website or its Services/Content and our Services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We have the right to assume the exclusive defense and you shall cooperate with us in asserting any available defenses.

8. Termination and Access Restriction

We may terminate your access and account to the Website and its related Services or any part at any time, without notice, in case of your violation of the Terms or misappropriate behavior.

9. Miscellaneous

1. This Agreement is governed by the laws of New South Wales, Australia and the parties agree to submit to the jurisdiction of the courts of New South Wales.
2. If any part of this Agreement is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Agreement shall remain in force.
3. Our failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
4. This Agreement may not be assigned or transferred by you without our prior written consent.
5. This Agreement constitutes the entire agreement between you and us concerning your use of the Website and supersedes all previous agreements.
6. We reserve the right to modify this Agreement at any time, effective upon posting of an updated version on the Website. Continued use of the Website after any such changes will constitute your consent to such changes.

10. Complaints

We are committed to resolving any complaints about the Terms. If you would like to make a complaint regarding the Terms or our practices in relation to your personal data, please contact us via info@appointiv.com
We will reply to your complaint as soon as we can and in any event, within 30 days. According to the applicable law, in some cases, we may prolong the term.

We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you may contact your local authority.

11. Copyright Policy

If you are a copyright holder, or its agent, and you believe that any of the copyrighted material which is directly available via the Website or Services infringes your copyrighted work, please let us know. A notice of alleged copyright infringement may be sent to at the following address:

Address: L2 11 York Street, Sydney NSW 2000

A notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

• A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
• Specific identification of each copyrighted work claimed to have been infringed;
• A description of where the material believed to be infringing is located on the Website or the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
• Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
• A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

12. Contact Information

We welcome your comments or questions about the Terms, Privacy Policy, Services, Website. You may contact us in writing at:

Address: L2 11 York Street, Sydney NSW 2000