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DOWNLOAD OUR APPS HERE:

* Terms | Privacy
* *Only Chrome, Firefox, Safari and Microsoft Edge browser currently supported.

TERMS AND CONDITIONS

WARNING

UNDER THE LIQUOR CONTROL REFORM ACT 1998 IT IS AN OFFENCE

* To Supply alcohol to a person under the age of 18 years(Penalty exceeds
$8000)
* For a person under the age of 17 years to purchase or receive liquor.(Penalty
exceeds $700)

WELCOME TO SUNCOAST FRESH MOBILE ORDERING

IMPORTANT MESSAGE

Continue

NOTICE BOARD

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SPECIAL OFFERS

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TERMS

END USER AGREEMENT – “TERMS OF USE”

THESE TERMS OF USE GOVERN YOUR USE OF SAAVI MEMBERSHIP INCLUDING WEBSITE AND
MOBILE APPLICATIONS.

* This is a legal agreement between you and SAAVI Pty Ltd (“SAAVI APP” or “Us”)
regarding the use of the SAAVI APP software program (the “Software”) that you
are installing on your device and the services available through the Software
or on the SAAVI APP site (the “SAAVI APP Service”). BY DOWNLOADING THE
SOFTWARE OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY
ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE
“TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY
TERMINATE YOUR USE OF THE SOFTWARE AND SERVICE.
* THE SOFTWARE OR SAAVI APP SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. IF
YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE SOFTWARE OR
SERVICE. FURTHER, IF YOU OVER 13 BUT ARE UNDER THE AGE OF CONSENT WHERE YOU
LIVE, THEN YOU MUST GET THE CONSENT OF YOUR PARENTS PRIOR TO USING THE
SOFTWARE OR SERVICE.

1. PRIVACY.

1. Your privacy is important to SAAVI APP. SAAVI APP’s Privacy Policy for
SAAVI APP (available at http://www.saavi.com.au), hereafter referred to as
the “SAAVI APP Privacy Policy”, is hereby incorporated into these Terms by
reference. Please read the SAAVI APP Privacy Policy carefully for details
relating to the collection, use, and disclosure of your personal
information.

2. INDIVIDUAL FEATURES AND SERVICES.

. When using the Software or SAAVI APP Service, you will be subject to any
additional posted guidelines or rules applicable to specific services, and
features which may be posted from time to time (the “Guidelines”). The
Additional Use Restrictions and all other such Guidelines are hereby
incorporated by reference into the Terms. To the extent that any terms of
these Terms of Use conflict with any Guidelines, these Terms of Use shall
control.

3. MODIFICATION OF TERMS.

. SAAVI APP reserves the right, at its discretion, to change, modify, add,
or remove portions of these Terms at any time without notice to you. Please
check these Terms and any Guidelines periodically for changes. Your
continued use of the Software or SAAVI APP Service after the posting of
changes constitutes your binding acceptance of such changes. For any
material changes to these Terms, such amended terms will automatically be
effective thirty days after they are initially posted on the Software or
SAAVI APP Service.

4. OWNERSHIP.

The SAAVI APP Service and Software are owned and operated by SAAVI APP and
its licensors. The content, visual interfaces, interactive features,
information, graphics, design, compilation, computer code, products,
software, services, and all other elements of the Software or SAAVI APP
Service that are provided by SAAVI APP (“SAAVI APP Materials”) are
protected by Australian copyright, trade dress, patent, and trademark laws,
international conventions, and all other relevant intellectual property and
proprietary rights, and applicable laws. SAAVI APP Materials do not include
SAAVI APP Submissions (defined below) or any other content owned by and
submitted by users (“Users”) to the Software or SAAVI APP Service. All
SAAVI APP Materials are the copyrighted property of SAAVI APP or its
Affiliates and/or third-party licensors. For purposes of this Agreement, an
Affiliate shall be defined as an entity that controls, is controlled by, or
is under common control with SAAVI APP. Except as expressly authorized by
SAAVI APP, you agree not to sell, license, distribute, copy, modify,
publicly perform or display, transmit, publish, edit, adapt, create
derivative works from, or otherwise make unauthorised use of the SAAVI APP
Service, Software or SAAVI APP Materials. SAAVI APP reserves all rights not
expressly granted in these Terms. You shall not acquire any right, title or
interest to the SAAVI APP Service, Software, or SAAVI APP Materials, except
for the limited rights set forth in this Agreement.

5. SAAVI SUBMISSIONS.

a. Generally. The Software or SAAVI APP Service may now or in the future
permit the submission and posting of product promotions and other users
(“SAAVI APP Submissions”), and the linking, hosting, sharing, and/or
publishing of such SAAVI APP Submissions. SAAVI APP makes no
representations that it will publish or use your SAAVI APP Submissions in
any way and may or may not use your SAAVI APP Submissions in its sole
discretion. You understand that whether or not such SAAVI APP Submissions
are published, SAAVI APP does not guarantee any confidentiality with
respect to any SAAVI APP Submissions. For clarity, you retain ownership of
your SAAVI APP Submissions. However, by submitting SAAVI APP Submissions to
SAAVI APP, you hereby grant SAAVI APP and its affiliates a worldwide,
non-exclusive, fully paid-up, perpetual, royalty-free, sublicenseable, and
transferable license to use, reproduce, distribute, modify, adapt, prepare
derivative works of, display, and perform your SAAVI APP Submissions in
connection with the Software or SAAVI APP Service and SAAVI APP’s (and its
successor’s) business, including without limitation for promoting and
redistributing part or all of the SAAVI APP Submissions (and derivative
works thereof) in any media formats and through any media channels now
known or hereafter discovered. You grant SAAVI APP and its affiliates and
sublicensees the right to use the name that you submit in connection with
such SAAVI APP Submission if they choose. You agree to irrevocably waive
(and cause to be waived) any claims and assertions of moral rights or
attribution with respect to your SAAVI APP Submissions. You also hereby
grant to each user of the Software or SAAVI APP Service a non-exclusive
license to access your SAAVI APP Submissions through the Software or SAAVI
APP Service and to use, reproduce, distribute, display, and perform such
SAAVI APP Submissions, in each case as permitted by the functionality of
the Software or SAAVI APP Service and these Terms. The above licenses
granted by you in SAAVI APP Submissions you submit to the Software or SAAVI
APP Service terminate within a reasonable time after you remove or delete
your SAAVI APP Submissions from the Software or SAAVI APP Service. You
understand and agree, however, that SAAVI APP may retain, but not display,
distribute, or perform, server copies of your SAAVI APP Submissions that
have been removed or deleted. b. Representations and Warranties. You shall
be solely responsible for your own SAAVI APP Submissions and the
consequences of posting or publishing them. In connection with SAAVI APP
Submissions, you affirm, represent, and/or warrant that: (i) you own, or
have the necessary licenses, rights, consents, and permissions to use and
authorise SAAVI APP to use all patent, trademark, copyright, or other
proprietary rights in and to any and all SAAVI APP Submissions to enable
inclusion and use of SAAVI APP Submissions in the manner contemplated by
SAAVI APP and these Terms, and to grant the rights and license set forth
above, (ii) you are not listed on any Australian Government list of
prohibited or restricted parties and (iii) your SAAVI APP Submissions,
SAAVI APP’s use of such SAAVI APP Submissions pursuant to these Terms of
Use, and SAAVI APP’s exercise of the license rights set forth above, do not
and will not: (a) infringe, violate, or misappropriate any third-party
right, including any copyright, trademark, patent, trade secret, moral
right, privacy right, right of publicity, or any other intellectual
property or proprietary right; (b) slander, defame, libel, or invade the
right of privacy, publicity or other property rights of any other person;
or (c) violate any applicable law or regulation.

6. CONTENT DISCLAIMER.

You understand that when using the Software or SAAVI APP Service, you will
be exposed to SAAVI APP Submissions and other content (such SAAVI APP
Submissions and other content, collectively, “Content”) from a variety of
sources, and that SAAVI APP is not responsible for the accuracy, integrity,
quality, legality, usefulness, safety, or intellectual property rights of
or relating to such Content. You further understand and acknowledge that
you may be exposed to Content that is inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against SAAVI APP with
respect thereto. SAAVI APP does not endorse any User Submission or other
Content or any opinion, recommendation, or advice expressed therein. Under
no circumstances will SAAVI APP be liable in any way for or in connection
with any SAAVI APP Submissions or other Content, including, but not limited
to, for any inaccuracies, errors or omissions in any Content, any
intellectual property infringement with regard to any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise displayed or transmitted via the Software or
SAAVI APP Service.

7. MONITORING USERS AND CONTENT.

. You understand that all Content is the sole responsibility of the person
from whom such Content originated. This means that you, and not SAAVI APP,
are entirely responsible for all SAAVI APP Submissions that you upload,
post, e-mail, transmit or otherwise make available through the Software or
SAAVI APP Service. SAAVI APP does not control the Content posted by Users
or otherwise made available by other persons and does not have any
obligation to monitor such Content for any purpose. If at any time, SAAVI
APP chooses, in its sole discretion, to monitor the Content, SAAVI APP
nonetheless assumes no responsibility for the Content, no obligation to
modify or remove any inappropriate Content, and no responsibility for the
conduct of the User submitting any such Content. You acknowledge that SAAVI
APP may or may not pre-screen SAAVI APP Submissions, but that SAAVI APP and
its designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, or remove any User Submission that is
available via the Software or SAAVI APP Service. Without limiting the
foregoing, SAAVI APP and its designees may, at any time and without prior
notice, remove any User Submission that in the sole judgment of SAAVI APP
violates these Terms or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with the use of any SAAVI APP
Submissions or other Content, including any reliance on the accuracy,
completeness, usefulness or legality of such User Submission or other
Content.

8. AUTHORISATION FOR USE OF INFORMATION.

You hereby authorize SAAVI APP to access and use the address book, contact
lists or other similar items contained in the devices to which you have
downloaded the Software for purposes of your use of the SAAVI APP Service.

9. RESTRICTIONS.

. Subject to the terms and conditions herein, SAAVI APP grants you
permission to use the SAAVI APP Service as set forth in these Terms,
provided that (i) you use the SAAVI APP Service solely for your personal,
private, non-commercial use; (ii) you do not copy, publicly display or
distribute any part of the Software or SAAVI APP Service in any medium
without SAAVI APP’s prior written authorization; (iii) you do not alter or
modify any part of the Software or SAAVI APP Service other than as may be
reasonably necessary to use the Software or SAAVI APP Service for its
intended purposes; (iv) you do not display, transmit or share any Content
(defined below) which may be deemed by SAAVI APP as hateful, threatening,
pornographic, obscene, abusive, racially or ethnically offensive, libelous
or defamatory, or any Content that encourages conduct that would be
considered a criminal offense or bring forth liability; and (v) you
otherwise fully comply with these Terms. The SAAVI APP Service is
controlled and offered by SAAVI APP from its facilities in the Australia.
SAAVI APP makes no representations that the SAAVI APP Service is
appropriate or available for use in other locations. Those who access or
use the SAAVI APP Service from other jurisdictions do so at their own risk
and are responsible for compliance with local law.

10. PROHIBITED USES.

a. As a condition of your use of the Software or SAAVI APP Service, you
will not use the Software or SAAVI APP Service for any purpose that is
unlawful or prohibited by these Terms. Access to the SAAVI APP Materials
and the Software or SAAVI APP Service from territories where their access
or use thereof is illegal is strictly prohibited. SAAVI APP Users are
responsible for complying with all local rules, laws, and regulations
including, without limitation, rules about intellectual property rights,
the internet, technology, data, email, or privacy. b. You agree not to
reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any
portion of the Software or SAAVI APP Service, use of the Software or SAAVI
APP Service, access to the Software or SAAVI APP Service, or Content
obtained through the Software or SAAVI APP Service, for any purpose other
than as the Software or SAAVI APP Service is offered by SAAVI APP c. You
agree not to defame, harass, abuse, threaten, stalk or defraud Users of the
Software or SAAVI APP Service, or collect, or attempt to collect, personal
information about Users or third parties without their consent. d. You
agree not to intentionally interfere with or damage, impair or disable the
operation of the Software or SAAVI APP Service or any User’s enjoyment of
it, by any means, including uploading or otherwise disseminating viruses,
worms, spyware, adware or other malicious code. e. You agree not to remove,
circumvent, disable, damage or otherwise interfere with any
security-related features of the Software or SAAVI APP Service, features
that prevent or restrict the use or copying of any content accessible
through the Software or SAAVI APP Service, or features that enforce
limitations on the use of the Software or SAAVI APP Service. f. You agree
not to attempt to gain unauthorized access to the Software or SAAVI APP
Service, or any part of it, other accounts, computer systems or networks
connected to the Software or SAAVI APP Service, or any part of it, through
hacking, password mining or any other means or interfere or attempt to
interfere with the proper working of the Software or SAAVI APP Service or
any activities conducted on the Software or SAAVI APP Service. g. You agree
not to obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Software or SAAVI APP
Service. You agree neither to modify the Software or SAAVI APP Service in
any manner or form, nor to use modified versions of the Software or SAAVI
APP Service, including (without limitation) for the purpose of obtaining
unauthorized access to the Software or SAAVI APP Service. h. You agree that
you will not use any robot, spider, scraper, or other automated means to
access the SAAVI APP Service for any purpose without our express written
permission or bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to the Software or SAAVI APP Service. i.
You agree not to use any SAAVI APP logos, graphics, or trademarks without
our express written consent. j. You agree not to make unsolicited offers,
advertisements, proposals, or send spam to other Users of the Software or
SAAVI APP Service. This includes, but is not limited to, unsolicited
advertising, promotional materials or other solicitation material, bulk
mailing of commercial advertising, chain mail, informational announcements,
charity requests, and petitions for signatures k. You agree not to reverse
engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Software or SAAVI APP Service or any part thereof,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation. l. You agree not to modify,
adapt, translate or create derivative works based upon the Software or
SAAVI APP Service or any part thereof, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this
limitation.

11. ACCOUNT INFORMATION.

In order to access some features of the SAAVI APP Service, you may have to
create an account. You agree that the information you provide or authorise
third parties to provide to SAAVI APP upon registration and, at all other
times, will be true, accurate, current, and complete. You also agree that
you will ensure that this information is kept accurate and up-to-date at
all times. You acknowledge, consent and agree that SAAVI APP may access,
preserve and disclose your account information and User Submission if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to (a) comply with legal
process; (b) enforce the Terms; (c) respond to claim that any User
Submission violates the rights of third parties; (d) to respond to your
requests for customer service; or (e) protect the rights, property or
personal safety of SAAVI APP, its users and the public

12. PASSWORD.

As you will be responsible for all activities that occur under your
username and password, you should keep your password confidential. You are
solely responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. If you have reason to believe that your account is no longer
secure (for example, in the event of a loss, theft or unauthorised
disclosure or use of your account ID or password), you will immediately
notify SAAVI APP at enquiry@saavi.com.au. You may be liable for the losses
incurred by SAAVI APP or others due to any unauthorised use of your
account.

13. DEALINGS WITH ADVERTISERS.

. Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Software or SAAVI APP
Service are solely between you and such advertiser. YOU AGREE THAT SAAVI
APP WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT
INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE
PRESENCE OF SUCH ADVERTISERS ON THE SOFTWARE OR SERVICE.

14. LINKS AND THIRD PARTY SERVICES.

. SAAVI APP or third parties may provide links or functionality in the
Software or SAAVI APP Service to other services, sites or content (“Third
Party Services”). SAAVI APP has no control over such Third Party Services
or content, and therefore makes no claim or representation regarding, and
expressly disclaims responsibility for, the accuracy, quality, legality,
nature, availability or reliability of Third Party Services or content
linked to by the Software or SAAVI APP Service. SAAVI APP provides links to
you only as a convenience, and the inclusion of any link on the Software or
SAAVI APP Service does not imply our affiliation, endorsement, or adoption
of the linked site or any information therein. ACCESS AND USE OF THIRD
PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES
ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS
SOLELY AT YOUR OWN RISK. When you leave the Software or SAAVI APP Service,
our terms and policies no longer govern. You should review applicable terms
and policies, including the privacy and data gathering practices, of any
Third Party Services.

15. AVAILABILITY OF SERVICE.

. SAAVI APP may make changes to or discontinue any of the media, web
communities, products, or services available within the Software or SAAVI
APP Service at any time, and without notice. The media, products, or
services on the Software or SAAVI APP Service may be out of date, and SAAVI
APP makes no commitment to update these materials on the Software or SAAVI
APP Service.

16. USER DISAGREEMENTS.

You are solely responsible for your involvement with other Users. If you
have a dispute with one or more Users, you release SAAVI APP (and SAAVI
APP's parent, subsidiaries, Affiliates, officers, directors, agents, joint
ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of
or in any way connected with such disputes.

17. TERMS OF USE VIOLATIONS; TERMINATION.

a. SAAVI APP. You agree that SAAVI APP, in its sole discretion and for any
or no reason, may terminate any User or customer account (or any part
thereof) you may have at the Software or SAAVI APP Service or your use of
the Software or SAAVI APP Service, and remove and discard all or any part
of your account or any User Submission or Content, at any time, with or
without notice. SAAVI APP may also in its sole discretion and at any time
discontinue providing access to the Software or SAAVI APP Service, or any
part thereof, with or without notice. You agree that any termination of
your access to the Software or SAAVI APP Service or any account you may
have or portion thereof may be effected without prior notice, and you agree
that SAAVI APP shall not be liable to you or any third-party for any such
termination. SAAVI APP does not permit infringing activities on the
Software or SAAVI APP Service, and reserves the right to terminate access
to the Software or SAAVI APP Service, and remove all content submitted, by
any persons who are found to be infringers. Any suspected fraudulent,
abusive, or illegal activity may be referred to appropriate law enforcement
authorities. These remedies are in addition to any other remedies SAAVI APP
may have at law or in equity. b. User. If you are dissatisfied with the
Software or SAAVI APP Service, please let us know (enquiry@saavi.com.au).
Your input is valuable to us. Your only other remedy with respect to any
dissatisfaction with (i) the Software or SAAVI APP Service, (ii) any term
of this Terms of Use, (iii) any policy or practice of SAAVI APP in
operating the Software or SAAVI APP Service, or (iv) any content or
information transmitted through the Software or SAAVI APP Service, is to
terminate this Terms of Use and your account. You may terminate this Terms
of Use at any time by upon written notice to SAAVI APP by uninstalling and
destroying the Software and discontinuing all use of the SAAVI APP Service.

18. INDEMNIFICATION; HOLD HARMLESS.

You agree to indemnify and hold harmless SAAVI APP, and its parent,
subsidiaries, Affiliates, its suppliers, licensors and partners, and the
officers, directors, employees, agents and representatives of any of them
from any and all claims, losses, obligations, damages, liabilities, costs
or debt and expenses (including Solicitors’s fees) arising out of (i) your
use or misuse of the Software or SAAVI APP Service; (ii) your SAAVI APP
Submissions, including SAAVI APP’s use, display or other exercise of its
license rights granted herein with respect to your SAAVI APP Submissions;
(iii) your violation of these Terms; (iv) your violation of the rights of
any other person or entity, including claims that any User Submission
infringes or violates any third party intellectual property rights; and (v)
your breach of the foregoing representations, warranties, and covenants.
SAAVI APP reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
us and you agree to cooperate with our defense of these claims. You agree
not to settle any matter without the prior written consent of SAAVI APP.
SAAVI APP will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.

19. DISCLAIMERS; NO WARRANTIES.

a. No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, SAAVI APP, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (INCLUDING, IF
YOU DOWNLOADED THE SOFTWARE FROM THE APPLE APP STORE, APPLE, INC.) DISCLAIM
ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAAVI APP OR
THROUGH THE SOFTWARE OR SAAVI APP SERVICE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS
SECTION 20 AND SECTION 21, THE TERM “SAAVI APP” INCLUDES SAAVI APP'S
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS,
AFFILIATES AND SUBCONTRACTORS. You further acknowledge that SAAVI APP and
its Affiliates (and if you downloaded the Software from the Apple App
Store, Apple) have no obligation whatsoever to furnish any maintenance or
support services with respect to the Software and/or SAAVI APP Service. b.
“As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT
THE USE OF THE SOFTWARE OR SAAVI APP SERVICE IS AT YOUR SOLE RISK. THE
SOFTWARE OR SAAVI APP SERVICE, SAAVI APP SUBMISSIONS AND ANY THIRD-PARTY
MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SAAVI APP SERVICE ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT
WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. c.
Platform Operation and Content. SAAVI APP, ITS SUPPLIERS, LICENSORS,
AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SAAVI APP MATERIALS, SAAVI
APP SUBMISSIONS, SOFTWARE OR SAAVI APP SERVICE, OR ANY OTHER INFORMATION
OFFERED ON OR THROUGH THE SOFTWARE OR SAAVI APP SERVICE OR ANY THIRD PARTY
SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL
COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
d. Accuracy. SAAVI APP, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE OR SAAVI APP SERVICE OR ANY THIRD PARTY SERVICES
IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. e. Harm to
Your Computer or Device. YOU UNDERSTAND AND AGREE THAT YOU IF YOU USE,
ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA
THROUGH THE SOFTWARE OR SAAVI APP SERVICE (INCLUDING RSS FEEDS) OR ANY
THIRD PARTY SERVICES, IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR
COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF
SUCH MATERIAL OR DATA.

20. LIMITATION OF LIABILITY; DAMAGES

a. Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL
THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SAAVI APP OR ITS
AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR
SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA
OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT
RESULT FROM YOUR USE OR THE INABILITY TO USE THE SAAVI APP MATERIALS AND
SAAVI APP SUBMISSIONS ON THE SOFTWARE OR SAAVI APP SERVICE OR ANY THIRD
PARTY SERVICES, THE SOFTWARE OR SAAVI APP SERVICE ITSELF, OR ANY OTHER
INTERACTIONS WITH SAAVI APP, EVEN IF SAAVI APP OR A SAAVI APP AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN SUCH CASES, SAAVI APP’S LIABILITY WILL BE LIMITED
TO THE EXTENT PERMITTED BY LAW. b. Limitation of Damages. IN NO EVENT SHALL
SAAVI APP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY
PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR
YOUR USE OF THE SOFTWARE OR SAAVI APP SERVICE (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE
AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID
SAAVI APP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE
LIABILITY. c. Third Party Services. THESE LIMITATIONS SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR
PROVIDED ON ANY THIRD PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER
THAN SAAVI APP AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SOFTWARE OR
SAAVI APP SERVICE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SERVICES.

21. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.

a. Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES,
REMEDIES OR LIABILITY CONTAINED IN THIS TERMS APPLY TO YOU TO THE FULLEST
EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE
JURISDICTION IN WHICH YOU ARE LOCATED.

22. ADDITIONAL TERMS FOR APPLE APP STORE APPLICATIONS. THIS SECTION 22 APPLIES
TO YOU ONLY IF YOU HAVE DOWNLOADED THE SOFTWARE FROM THE APPLE APP STORE.

a. Acknowledgement. SAAVI APP and you acknowledge that these Terms are
entered into solely between you and Us, and not with any third party,
including Apple, Inc. These Terms are not intended to provide for usage
rules for the Software that are less restrictive than the Usage Rules set
forth for Licensed Applications in, or otherwise conflict with, the App
Store Terms of Service as of the date hereof (which you acknowledge you
have had the opportunity to review). b. License to Software. Subject to all
the terms and conditions herein, SAAVI APP hereby grants you a personal,
limited, non-commercial, nonexclusive, non-sublicensable, non-assignable,
revocable license to download, install and use one (1) copy of the
Software, in object code form, only on your App Store compatible device
(“Device”) for the sole purpose of personally using the Service and, if you
have downloaded the Software from the Apple App Store, as permitted by the
Usage Rules set forth in the Apple App Store Terms of Service. c.
Acknowledgement. You acknowledge that Apple has no responsibility for
addressing any claims relating to the Software or SAAVI APP Service or your
possession and/or use of the Software or SAAVI APP Service, including but
not limited to (i) product liability claims; (ii) any claim that the
Software or SAAVI APP Service fails to conform to any applicable legal or
regulatory requirement; and (iii) any claims arising under consumer
protection or similar legislation. d. Express Third Party Beneficiary. You
acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party
beneficiaries of these Terms, and that, upon your acceptance of the terms
and conditions of these Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce these Terms against you as a
third-party beneficiary hereof.

23. MISCELLANEOUS.

a. Notice. SAAVI APP may provide you with notices, including those
regarding changes to these Terms, by email, regular mail or postings on the
Software or SAAVI APP Service. Notice will be deemed given twenty-four
hours after email is sent, unless SAAVI APP is notified that the email
address is invalid. Alternatively, we may give you legal notice by mail to
a postal address, if provided by you through the Software or SAAVI APP
Service. In such case, notice will be deemed given three days after the
date of mailing. b. Governing Law. These Terms shall be governed by and
construed in accordance with the laws of the State of Victoria, Australia,
without giving effect to any principles of conflicts of law. c.
Jurisdiction. You agree that the SAAVI APP Service shall be deemed solely
based in Victoria, Australia and a passive service that does not give rise
to personal jurisdiction over SAAVI APP, either specific or general, in
jurisdictions other than the State of Victoria, Australia and that any
action at law or in equity arising out of or relating to these Terms or the
Software or SAAVI APP Service shall be filed only in the state courts in
and for Victoria, Australia and you hereby consent and submit to the
personal and exclusive jurisdiction of such courts for the purposes of
litigating any such action. d. Waiver. A provision of these Terms may be
waived only by a written instrument executed by the party entitled to the
benefit of such provision. The failure of SAAVI APP to exercise or enforce
any right or provision of these Terms will not constitute a waiver of such
right or provision. e. Severability.. If any provision of these Terms shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions. f. Assignment. The
Terms and related Guidelines, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned
by SAAVI APP without restriction. Any assignment attempted to be made in
violation of this Terms or Use shall be void. g. Independent Contractor.You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and SAAVI APP as a result of these Terms or
use of the Software or SAAVI APP Service. You further acknowledge that by
submitting SAAVI APP Submissions or other Content, no confidential,
fiduciary, contractually implied or other relationship is created between
you and SAAVI APP other than pursuant to these Terms. h. Survival.The
Sections entitled “Ownership; Proprietary Rights”, “SAAVI APP Submissions”,
“Disclaimers; No Warranties”, “Indemnification; Hold Harmless”, “Limitation
of Liability and Damages”, and “Miscellaneous” will survive any termination
of these Terms. i. Headings. . The heading references herein are for
convenience purposes only, do not constitute a part of these Terms, and
shall not be deemed to limit or affect any of the provisions hereof. j.
Entire Agreement. This is the entire agreement between you and SAAVI APP
relating to the subject matter herein and supersedes all previous
communications, representations, understandings and agreements, either oral
or written, between the parties with respect to said subject matter. The
Agreement shall not be modified except in a writing, signed by both
parties, or by a change to these Terms or Guidelines made by SAAVI APP as
set forth in Section 3 above. k. Third Party Compliance. Your use of the
Software or SAAVI APP Service must comply with applicable third party terms
of agreement when you are using the Software and/or SAAVI APP Service. l.
Third Party Software.. The Software may be distributed alongside certain
third party software ("Third Party Software") provided under separate
license terms (the "Third Party Terms"). Your use of the Third Party
Software in conjunction with the Software in a manner consistent with these
Terms is permitted, however, you may have broader rights under the
applicable Third Party Terms and nothing in these Terms is intended to
impose further restrictions on your use of the Third Party Software. m. New
Versions of the Software. SAAVI APP, in its sole discretion, reserves the
right to add additional features or functions, or to modify or provide
programming fixes, updates and upgrades, to the Software or SAAVI APP
Service. SAAVI APP has no obligation to make available to you any
modifications, updates, support, maintenance or subsequent versions of the
Software or SAAVI APP Service. You may have to agree to a renewed version
of this Terms of Use if you want to download, install or use any
modifications, updates or new versions of the Software. You acknowledge
that SAAVI APP may automatically issue any modifications, updates or
upgraded versions of the Software and, accordingly, may modify, update or
upgrade the version of the Software that you are using or have installed on
your Device. You hereby agree that your device may automatically request
and receive such modifications, upgrades or updates. n. Claims. YOU AND
SAAVI APP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SOFTWARE OR SAAVI APP SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. o. Disclosures.The Software and SAAVI APP Service are offered by
SAAVI Pty Ltd., email:enquiry@saavi.com.au

Last Updated: 31 January 2019

PRIVACY

SAAVI PRIVACY POLICY

* SAAVI understands the importance of protecting the privacy of SAAVI users.
The information collected is used primarily to identify you should you lose
your password. SAAVI also reserves the right to contact you to seek ways to
improve the services we and our subsidiaries offer, to improve the SAAVI
service offerings, the www.saavi.com.au web site content, and to contact you
with any updates to the web site or for other marketing purposes. Certain
areas of the www.saavi.com.au website require registration or a password for
access. Information obtained from registered users of these areas may also be
used for SAAVI marketing purposes, and cookies may be used in those and other
areas, as is described in this Policy.

* WHAT INFORMATION DOES SAAVI CAPTURE ABOUT VISITORS TO ITS WEB SITE?

The www.saavi.com.au web server uses an extended log file format which
captures: date and time of visit, referring address (location from which a
visitor comes to www.saavi.com.au), type of Internet browser, and visitor's
IP address. (Each computer that connects to the Internet is assigned a unique
number, an IP address, for identification purposes). The log file does not
capture a visitor's email address.

* DOES SAAVI OR WWW.SAAVI.COM.AU ASK FOR PERSONAL INFORMATION?

Several areas of the SAAVI website and the www.saavi.com.au website asks for
personal information. This list may be expanded without notice. In the event
that it is expanded, additional information may be required. In these areas,
your name, address, email address, gender, date of birth and postcode are
requested. This information is collected to help us further develop our
services, to provide you access to valuable SAAVI and internet-based
information and services, and to bill you for those services if you elect to
use them.

* HOW DOES SAAVI OR WWW.SAAVI.COM.AU USE THE INFORMATION?

The information collected through this site or mobile app helps us identify
the type of mobile apps and web site content our customers value most. We use
this information to market and improve the web site and our services. We also
use this information to send you email notifications about updates to the web
site, and to contact you by other means for marketing and other purposes. Our
policy is to not give, sell or otherwise distribute the information collected
through this site to third parties outside of SAAVI and its subsidiaries
(unless required by law); provided, however, in some cases we may use
suppliers to assist us in collecting, using or otherwise processing for our
benefit the information obtained through this site. Our practice is to
require our suppliers to conduct such activities consistent with this policy
and our requirements.

* WHAT IS A COOKIE?

A cookie is a series of data characters that, when programmed into a mobile
app or web site, is placed by the web server into the browser's application
folder on your computer. Once placed onto your PC or mobile phone, the cookie
will allow the web site or mobile app to "recognise" you as a unique
individual.

* DOES SAAVI OR THE WEBSITE USE COOKIES?

Yes. Cookies are used to achieve two goals. The first is to provide SAAVI
with the capability to personalise information for certain segments of its
customer base. Secondly, in some instances, cookies are used to allow SAAVI
the opportunity to associate individual customers with their information
profiles.

* CAN COOKIES BE REMOVED FROM MY MOBILE PHONE OR HARD DRIVE?

Yes, cookies can be removed from your mobile phone or hard drive. Also,
depending on what type of web browser and what browser version you are using,
you may be able to change the properties on your cookie file so that cookies
are not used or saved. Please check with your mobile phone, its browser
provider for more information on removing cookies

* HOW DO I CONTACT SAAVI?

We can be reached via email at enquiry@saavi.com.au
Your use of SAAVI and the www.saavi.com.au website constitutes your agreement
to this Privacy Policy.
Effective Date: 31 January, 2019

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