Mobile App Terms and Conditions of Use
1. About the Application
1.1. Welcome to 'SavR' (the 'Application'). The Application facilitates interactions between:
(a) Individuals using the SavR application (‘You’, the 'User'); and
(b) SavR Inc (USA) and SavR Technologies Pty Ltd (Australia) (the 'Provider'),
To facilitate the automation of personal monetary savings for purposes determined by the individual, which may from time to time include exclusive or non-exclusive offers of discounts, giveaways, promotions and other benefits (the 'Services').
1.2. The Application is operated by SavR Inc under License from SavR Technologies PTY. LTD. (ACN 617 911 574). Access to and use of the Application, or any of its associated products or Services, is provided by SavR Inc under license from SavR Technologies Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, 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 Application, or any of its products or Services, immediately.
1.3. SavR Inc & SavR Technologies Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SavR Inc or SavR Technologies updates the Terms, it will use reasonable endeavours to provide you with notice of updates of 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.
2. Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to 'accept' or agree to the Terms where this option is made available to you by SavR Inc or SavR Technologies Pty Ltd in the user interface.
3. The Services
3.1. In order to access the Services, the User is required to register for an account through the Application (the 'User Account').
3.2. 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 contact details), including but not limited to:
(a) an email address
(b) preferred username
(c) a mailing address
(d) a telephone number
(e) a password
(f) Social Security Number, Identity Documents, Bank credentials, Transaction Data, Savings goals, Consumer Data
3.4. You grant SavR Inc and SavR Technologies Pty Ltd the right to create personal user accounts with third party service providers using the identity information provided to SavR. The creation of such accounts will be necessary to provide ongoing functionality for the user, and enable participation in third party discount offerings on selected goods and services. SavR Application Platform may, from time to time, be paid a once off or recurring revenue in relation to such accounts.
3.5. You authorize SavR Inc and SavR Technologies Pty Ltd to generate debit transactions from the account indicated in your User profile as ‘FROM’ account, and transfer the calculated amount to the account nominated in your User profile as ‘TO’ account. For Coinbase transactions, a 'Buy' order will be created for the calculated amount and the proceeds of the buy order will be made avaialble in your SavR Coinbase Wallet. You will not dispute SavR so long as the transactions correspond to such terms. This payment authorization is valid and will remain effective unless You cancel this authorization by emailing SavR at firstname.lastname@example.org at least 3 business days in advance. Please note – Any third party fees to execute the authorised transaction may also be debited at the time of transfer, and will be deducted from or added to the calculated transfer/purchase amount prior to completion of 'To Account' Credit transactions or Cryptocurrency 'Buy' orders. Transaction fees for a successful ACH transfer are $0.10 per transaction. Transaction fees for Coinbase are calculated and charged by Coinbase and are subject to change in line with Coinbase Terms of Service. Transaction fees are subject to change at any time. Users will be notified directly via email of any planned changes to the Transaction fees charged in any instance where the Fee is controlled by SavR.
3.6. Each user will receive a Monthly Transaction statement, which will be delivered via Email to the User's email address noted in the User Profile. Users may request an interim Transaction statement at any time, by contacting email@example.com.
3.7. You warrant that any information you give to SavR Inc or SavR Technologies Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
3.8. Once you have completed the registration process by providing your name and email address, you will be a registered User of the Application ('User') and agree to be bound by the Terms.
3.9. 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 SavR Inc or SavR Technologies Pty Ltd; or
(b) you are a person barred from receiving the Services under the laws of Australia, The United States or other countries including the country in which you are resident or from which you use the Services.
(c) Your registration or use of the Service constitutes your direct or implied engagement in illegal activities, including but not limited to Online Gaming, Payments for Illegal products or services, Money Laundering, Tax Evasion or Terrorism Financing activities.
4. Your obligations as a User
4.1. As a User you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have 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;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SavR Inc or SavR Technologies Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Application ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another User of the Application (where interaction with other Users is made available to you);
(h) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;
(i) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of SavR Inc or SavR Technologies Pty Ltd;
(j) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be offered to the User at any time. Duplicate, incomplete or suspected fraudulent profiles may, without notice, result in termination of the Services. Appropriate legal action will be taken by SavR Inc or SavR Technologies Pty Ltd for any illegal or unauthorised use of the Application; and
(l) you acknowledge and agree that any automated use of the Application or its Services is authorised by the user, in accordance with these Terms and Conditions.
5. Using the Application as the ‘User’
5.1. Users create a SavR profile by providing identity documents, contact information including physical address, email address, telephone contact details, personal income, hobbies and interests and other personal information. Users link their personal transaction account with the SavR app by providing their bank credentials, and SavR conducts read only data collection of transaction history to facilitate automated personal savings, which are periodically transferred to a destination account determined by the user. The collected data will, from time to time, be utilised by SavR Inc or SavR Technologies Pty Ltd to offer products and services to individual Users or User segments. Where applicable, SavR Inc or SavR Technologies Pty Ltd will create User Accounts with third party service providers to facilitate Data Collection, Analysis, Marketing and Funds Transfer functions. As a SavR User, you consent to revieving electronic communications from SavR Ins and SavR Technologies Pty Ltd via SMS, Email, Push notifications and other electronic mediums as utilized by SavR from time to time.
5.2. You certify, under penalty of perjury that:
5.2.1 The Taxpayer Identification Number or Social Security Number I provided is correct;
5.2.2 I am not subject to backup withholding because:
(a) I am exempt from backup withholding, or
(b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or
(c) the IRS has notified me that I am no longer subject to backup withholding; and
5.2.3 I am a U.S. citizen or other U.S. person; and
5.2.4 The FATCA code(s) entered (if any) indicating that I am exempt from FATCA reporting is correct. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.
5.3.ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
5.3.1. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
5.3.2. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
6. Refund Policy
6.1. Since SavR Inc and SavR Technologies Pty Ltd is only a facilitator in introducing the User to the Provider and providing a system to calculate transaction amounts, SavR Inc and SavR Technologies Pty Ltd does not hold any liability to the User directly and will not personally refund them any payments made in the use of Services provided by external partners.
6.2. Notwithstanding the above clause, if a User is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then SavR Inc or SavR Technologies Pty Ltd requires the User to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after fourteen (14) days, contact SavR Inc or SavR Technologies Pty Ltd through the 'Contact Us' section of www.savr.online or by emailing firstname.lastname@example.org outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Application.
6.3. If contacted by a User who is requesting a refund pursuant to the above clause, the SavR Inc or SavR Technologies Pty Ltd agrees that it will immediately:
(a) Communicate with the Provider in a timely manner to determine the nature of the events relating to the refund request and
(b) Within 14 days from the date of User contact, provide the User with a written summary of the outcome of the refund request. Such notification will be delivered electronically, to the email address contained in the User’s SavR profile.
6.4. If the Provider agrees to a refund it is acknowledged that the Provider will carry out all necessary steps without further responsibility from SavR Inc or SavR Technologies Pty Ltd.
6.5. Both the User and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
7. Copyright and Intellectual Property
7.1. The Application, the Services and all of the related products of SavR Inc and SavR Technologies Pty Ltd are subject to Trademark and copyright protection. The material on the Application is protected by copyright under the laws of Australia and The United States through international treaties. Unless otherwise indicated, all rights (including trademark and copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by SavR Inc and SavR Technologies Pty Ltd or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by SavR Inc and SavR Technologies Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Application pursuant to the Terms;
(b) copy and store the Application and the material contained in the Application in your device's cache memory; and
(c) print pages from the Application for your own personal and non-commercial use.
SavR Inc and SavR Technologies Pty Ltd does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by SavR Inc and SavR Technologies Pty Ltd.
7.3. SavR Inc and SavR Technologies Pty Ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer to the user any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) 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),
7.4. You may not, without the prior written permission of SavR Inc or SavR Technologies Pty Ltd 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 Application which are freely available for re-use or are in the public domain.
7.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to SavR Inc and SavR Technologies Pty Ltd a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content, providing such information is redacted or sensitized so as not to disclose personal identity information, or compromise the security of personal information and identity.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law and the Law of the State of California (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) SavR Inc and SavR Technologies Pty Ltd 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.
9.3. Use of the Application and the Services is at your own risk. Everything on the Application 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 SavR Inc and SavR Technologies Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SavR Inc or SavR Technologies Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application, the Services or any of the products of SavR Inc or SavR Technologies Pty Ltd; and
(d) the Services or operation in respect to links which are provided for your convenience.
9.4. You acknowledge that SavR Inc and SavR Technologies Pty Ltd provide a Mobile Application and the Services are only intended to facilitate the interactions between the User and the Provider. SavR Inc and SavR Technologies Pty Ltd holds no liability to you as a result of any conduct of the Users or the misuse of Your Content by any external party.
9.5. Downloading, Using or viewing content via the SavR Application or Website is not intended to be, and should not be interpreted as, Financial advice or Investment Advice. Each individual user has unique financial circumstances, financial obligations and risk tolerance. SavR is not intended to be used as an investment tool or financial product and merely functions to automate the process of saving money. Individual users should seek independant Financial Advice from a suitably licensed professional to determine a personal investment atrategy. SavR accepts no liability, either financial, punitive or otherwise in relation to any financial loss suffered as a result of using the SavR Application.
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 SavR Inc and SavR Technologies Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, SavR Inc and SavR Technologies Pty Ltd 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.
11. Limitation of Liability
For users that direct their accrued SavR amounts to a third party financial intuition, the following dispute resolution will apply-
Please contact us by emailing email@example.com if-
11.1. if you believe a transaction receipt or a statement is wrong, or
11.2. if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared.
Your inquiry must include:
(a) your name, email associated with your account, and your account number (if available);
(b) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and
(c) the dollar amount of the suspected error.
In such instances, SavR will endeavour to adhere to the following service levels to assist in resolving your query –
Ten-Day Time Period - SavR will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. SavR shall report the results to the User in writing within three business days after completing its investigation. SavR shall correct the error within one business day after determining that an error occurred.
Forty Five-Day Time Period - If SavR is unable to complete its investigation within 10 business days, SavR may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided SavR does the following:
(e) Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. SavR need not provisionally credit the consumer's account if:
SavR does not receive written confirmation within 10 business days of an oral notice of error; or
The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)
(e) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;
(f) Corrects the error, if any, within one business day after determining that an error occurred; and
(g) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).
The time periods described above may be extended as follows:
Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
12. Limitation of Liability
12.1. SavR Inc and SavR Technologies Pty Ltd's 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.
12.2. You expressly understand and agree that SavR Inc, SavR Technologies Pty Ltd, 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.
12.3. You acknowledge and agree that SavR Inc and SavR Technologies Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your consent to the Application.
13. Third party Terms and Conditions
13.1. Where possible, SavR Inc and SavR Technologies Pty Ltd will provide Users with direction to applicable Third Party Service Terms and Conditions. By agreeing to the SavR Terms and conditions contained herewith, you are also agreeing to the terms and conditions of our third party service providers. Should there arise a conflict or challenge of any terms and conditions of our third party Providers, none of the SavR terms and conditions shall be considered invalid, suspended or amended in any way and this Agreement shall remain in full force.
14. Termination of Contract
14.1. If you want to terminate use of the Service, you may do so by deleting the Application from your device, or by contacting SavR Inc or SavR Technologies Pty Ltd via the Contact Us link at www.savr.online to facilitate account closure.
14.2. SavR Inc or SavR Technologies Pty Ltd may at any time, terminate ongoing use of the Application by you if:
(a) you have breached any provision of the Terms or show intent to breach any provision;
(b) SavR Inc or SavR Technologies Pty Ltd is required to do so by law;
(c) SavR Inc or SavR Technologies Pty Ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by SavR Inc or SavR Technologies Pty Ltd is, in the opinion of SavR Inc or SavR Technologies Pty Ltd, no longer commercially viable.
14.3. Subject to local applicable laws, SavR Inc and SavR Technologies Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SavR Inc or SavR Technologies Pty Ltd's name or reputation or violates the rights of another party.
14.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and SavR Inc or SavR Technologies Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14.5 For security reasons, WITHDRAWALS are processed from within the SavR App, and only by returning funds back to the nominated 'FROM' account on the App Platform. Withdrawals are subject to normal bank transaction processing times. If you have CLOSED the 'FROM' account prior to executing a withdrawal of saved funds, you will need to process your withdrawal request by contacting firstname.lastname@example.org and providing alternate banking details. This process may take an additional 5-7 working days to complete. It is always recommended to withdraw saved funds PRIOR to closing a 'FROM' account or deleting the SavR application.
You agree to indemnify SavR Inc and SavR Technologies Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) any breach of the Terms.
16. Dispute Resolution
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).
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.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 30 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;
(b) If for any reason whatsoever, 60 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 QCAT or his or her nominee;
(c) 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;
(d) The mediation will be held in Queensland, Australia (For Australian based users) or Delaware, United states (for USA based users)
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.
16.5. Termination of Mediation:
If 90 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.
17. Venue and Jurisdiction
The Services offered by SavR Inc and SavR Technologies Pty Ltd is intended to be viewed by residents of Australia and The United states. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia (For Australian based users) or Delaware, United States (for USA based users)
18. Governing Law
18.1. For users based in Australia - The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18.2. For users based in The United States - The Terms are governed by the laws of the State of California. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the State of California, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
19. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.