Terms and Conditions of Use

About Our Website and Mobile app

Welcome to the 88-DAYS website and mobile app.

The website and mobile app is operated by S J Developments (ABN 55 227 744 348).

Access to and use of the website and mobile app, or any of the associated Products or Services, is provided by S J Developments.
Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the website and/or mobile app, 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 Mobile app, or any of its Services, immediately.

S J Developments reserves the right to review and change any of the Terms by updating this page at its sole discretion. When S J Developments updates the Terms, it will use reasonable endeavours to provide you with notice of updates to 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

By using or browsing the website and/or mobile app you accept the Terms and Conditions

Registration to use the Services

In order to access the Services, you must first register for an account through the website or mobile app (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 other details), including:
– (a) an email address
– (b) preferred username
– (c) a mailing address
– (d) a telephone number
– (e) a password
– (f) date of entry in Australia
– (g) your age

You warrant that any information you give to S J Developments 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 website and mobile app (‘Member’) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:
– (a) you are not of legal age to form a binding contract with S J Developments
– (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services. 

Your obligations as a Member

As a Member, you agree to comply with the following: 

  1. you will use the Services only for purposes that are permitted by: 
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  2. you have the 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; 
  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify S J Developments of any unauthorised use of your password or email address or any breach of security of which you have become aware; 
  4. access and use of the website and mobile app is limited, non-transferable and allows for the sole use of the mobile app by you for the purposes of S J Developments providing the Services; 
  5. you will not use the Services or the website and/or mobile app in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of S J Developments; 
  6. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the website and/or mobile app without notice and may result in termination of the Services. Appropriate legal action will be taken by S J Developments for any illegal or unauthorised use of the website and/or mobile app; and 
  7. you acknowledge and agree that any automated use of the website and/or mobile app or its Services is prohibited. 

The website and mobile app, the Services and all of the related products of S J Developments are subject to copyright. The material on the website and mobile app 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 website and mobile app (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, mobile app, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by S J Developments or its contributors. 

All trademarks, service marks and trade names are owned, registered and/or licensed by S J Developments. All rights are expressly reserved by S J Developments. 

S J Developments retains all rights, title and interest in and to the website and mobile app and all related Services. Nothing you do on or in relation to the website and/or mobile app will transfer any: 

  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or 
  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or 
  3. 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 may not, without the prior written permission of S J Developments and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the website and/or mobile app which are freely available for re-use or are in the public domain.

Privacy

S J Developments takes your privacy seriously and any information provided through your use of the Mobile app and/or Services are subject to S J Developments’ Privacy Policy, which is available here

General Disclaimer

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.

 Subject to this clause, and to the extent permitted by law: 

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and 
  2. S J Developments 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 website and/or mobile app and the Services is at your own risk. Everything on the website and/or mobile app 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 S J Developments make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of S J Developments) referred to on the website and/or mobile app. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. 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; 
  2. the accuracy, suitability or currency of any information on the website and/or mobile app, the Services, or any of its Services related products (including third-party material and advertisements on the website and/or mobile app);
  3. costs incurred as a result of you using the website and/or mobile app, the Services or any of the products of S J Developments; and 
  4. the Services or operation in respect to links which are provided for your convenience. 

Competitors

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 S J Developments. Competitors are not permitted to use or access any information or content on our website and/or mobile app. If you breach this provision, S J Developments 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

S J Developments’ 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 S J Developments, 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. 

Termination of Account

The Terms will continue to apply until terminated by either you or by S J Developments as set out below. 

If you want to terminate the Terms, you may do so by: 

  1. providing S J Developments with 7 days’ notice of your intention to terminate; and 
  2. closing your Accounts for all of the services which you use, where S J Developments has made this option available to you. Your notice should be sent, in writing, to S J Developments via the ‘Contact Us’ link on our homepage. 

S J Developments may at any time, terminate the Terms with you if:

  1. you have breached any provision of the Terms or intend to breach any provision; 
  2. S J Developments is required to do so by law; 
  3. the provision of the Services to you by S J Developments is, in the opinion of S J Developments, no longer commercially viable. 

Subject to local applicable laws, S J Developments reserves the right to discontinue or cancel your Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the website and/or mobile app or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts S J Developments’ name or reputation or violates the rights of those of another party. 

Indemnity

You agree to indemnify S J Developments, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 

  1. 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; 
  2. any direct or indirect consequences of you accessing, using or transacting on the website and/or mobile app or attempts to do so; and/or 
  3. any breach of the Terms. 

Dispute Resolution

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: 

  1. Within 14 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; 
  2. If for any reason whatsoever, 28 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 Conflict Resolution Service or his or her nominee; 
  3. 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; 
  4. The mediation will be held in Queensland, 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 3 months 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 S J Developments is intended to be viewed by people worldwide. In the event of any dispute arising out of or in relation to the website and/or mobile app, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia. 

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