TERMS & CONDITIONS OF USE

TERMS & CONDITIONS OF USE

About the website and the mobile applications

Welcome to inapptouch.com (Website). The Website allows you to access and use the InAppTouch.Com (Services).

The Website is operated by Chatsifieds.com, ACN/ABN 51620592403 . Access to and use of the Website, or any of its associated products or Services, is provided by Chatsifieds.com. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, 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 Website, or any of Services, immediately.

Chatsifieds.com reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Chatsifieds.com 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

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

About the Service

Chatsifieds.com is managed business instant group messaging solutions!

Free and Professional accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

Some accounts may be governed by a separate Software Licensing Agreement with Chatsifieds.com, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

Acceptable use of the Service

(a) InAppTouch.Com, its related features, and website must only be used lawfully.

Chatsifieds.com reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

To engage in any act that would disrupt the access, availability, and security of InAppTouch.Com and other Chatsifieds.com services, including but not limited to:

Tampering with, reverse-engineering, or hacking our servers.

Modifying, disabling, or compromising the performance InAppTouch.Com or other Chatsifieds.com services.

Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.

Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Chatsifieds.com.

For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

To stalk, harass or threaten users and any member of the public.

To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Chatsifieds.com or any third party

To access or search any part of the Service, or any other Service owned by Chatsifieds.com other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

To post, upload, share, or otherwise circulate content in violation of InAppTouch.Com’s content policy

Verification: Do not falsely represent Chatsifieds.com verification.

Security and Data Privacy

Chatsifieds.com takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Chatsifieds.com’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Chatsifieds.com’s processes, policies, and obligations in respect of InAppTouch.Com security breaches.

Data Use

Chatsifieds.com collects, stores, and processes your data on InAppTouch.Com. The data is used to provide Services to you, as well as to facilitate Chatsifieds.com’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Chatsifieds.com. The Privacy Policy also addresses Chatsifieds.com’s processes, policies, and obligations in respect of data encryption and removal requests.

Subscription to use the Service

In order to access the Services, you must first purchase a subscription through the Website (Subscription ) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member (‘Member’).

In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (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 contact details), including but not limited to name, email address, phone numbers, address, company registrations, business licenses and credit card details.

You warrant that any information you give to Chatsifieds.com 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 user of the Website and agree to be bound by the Terms (“User”). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period ).

You may not use the Services and may not accept the Terms if:

you are not of legal age to form a binding contract with Chatsifieds.com; or

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

Payments

Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

Payments made in the course of your use of InAppTouch.Com may be made using third-party applications and services not owned, operated, or otherwise controlled by Chatsifieds.com. You acknowledge and agree that Chatsifieds.com will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for InAppTouch.Com services.

You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

You agree and acknowledge that Chatsifieds.com can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

Refund Policy

Chatsifieds.com offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer’s rights under the Australian Consumer Law.

Chatsifieds.com will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Chatsifieds.com makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund ).

Copyright and Intellectual Property

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

All trademarks, service marks and trade names are owned, registered and/or licensed by Chatsifieds.com, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

use the Website pursuant to the Terms;

copy and store the Website and the material contained in the Website in your device’s cache memory; and

print pages from the Website for your own personal and non-commercial use.

Chatsifieds.com does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Chatsifieds.com.

Chatsifieds.com retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

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 Chatsifieds.com 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, which are freely available for re-use or are in the public domain.

Policies for Group

A group is a group owned by an individual or business.

Creation and Use: Do not create groups, or events for illegal or harmful activities. Ensure the content complies with our terms of use. Repeated or severe violations may result in removal.

Names: Do not use profanity or violate our terms of use in group or event names. Do not change the name of your group or event to mislead others. Do not use any names that infringes on the intellectual property rights of others. This includes, but is not limited to, copyrighted material, trademarks, or trade secrets.

Chatsifieds.com is not responsible for the content or actions of group members. All members are responsible for their own posts and comments, and should respect the rules and guidelines of the group. We reserve the right to remove any content or members who violate these guidelines.

Group admins are responsible for monitoring their groups and ensuring that all posts and comments are relevant and appropriate. However, from time to time, we may take necessary actions to remove posts, comments, or users from any group if they violate our community guidelines or terms of service. These actions may include, but are not limited to, removing offensive or inappropriate content, suspending or banning users who engage in disruptive or harmful behavior, or restricting access to the group for individuals who violate our policies. We reserve the right to take any action we deem necessary to protect the integrity and well-being of the group and its members.

Purpose: This group is intended for individual or business use to sell, promote, and discuss their own products and services. The group is not intended for unauthorized solicitation, advertising, or spamming.

All members must comply with applicable laws and regulations, including those related to data privacy and intellectual property.

Membership: This group is open to anyone who is interested in a group. Members must be respectful and contribute to the group in a positive manner. We reserve the right to reject or remove any member who does not comply with these policies.

Posting: Only posts related to the topic of the group will be allowed. Posts that are off-topic, spammy, or inappropriate will be removed. Members should not use the group to promote their own businesses or products excessively.

Gambling: Do not promote online gambling without prior, written permission.

Drug and Alcohol Addiction Treatment: Do not promote drug and alcohol addiction treatment centers without prior, written permission.

Online Pharmacies: Do not promote the sale of prescription pharmaceuticals via online pharmacies without prior, written permission.

Behavior: Members must behave in a respectful and professional manner. Personal attacks, hate speech, and other forms of inappropriate behavior will not be tolerated. Members should not engage in any behavior that is illegal or that could be considered harassment or bullying.

Content: Members must not post any content that is inappropriate, obscene, or illegal. This includes, but is not limited to, content that is defamatory, libelous, or violates any copyright or intellectual property rights.

Privacy: Members must not share personal information about other members without their consent. This includes, but is not limited to, full names, addresses, phone numbers, or financial information.

Intellectual Property: Members must not post any content that infringes on the intellectual property rights of others. This includes, but is not limited to, copyrighted material, trademarks, or trade secrets.

Data Collection: Group admins must provide notice and obtain explicit consent before collecting content or information from users.

Event Costs and Invitations: Clearly and prominently disclose any required actions or expenses to attend or participate in an event. Do not generate event invitations by automated means.

Reporting: Members can report any inappropriate content or behavior to the group administrators. Group administrators will review all reports and take appropriate action, including removing content or banning members.

Promotions: If you use your group or event to host a promotion (such as a contest, giveaway, or sweepstakes), you must ensure that it complies with all applicable legal and regulatory requirements. This includes providing entrants with a clear and comprehensive set of official rules, disclosing all offer terms and eligibility requirements, and registering the promotion with the relevant authorities. You must also obtain fully informed and unconditional consent from participants, including a release of liability and acknowledgment that the promotion is not sponsored, endorsed, or associated with Chatsifieds.com. Furthermore, you must not require or incentivize participants to share, repost, or tag others as a condition of entry. Please be aware that Chatsifieds.com does not assist with the administration of promotions, and using our services to do so is at your own risk.

Chatsifieds.com reserves the right to reject any group application in our sole discretion. By submitting a group application, you acknowledge and agree that we may reject your application for any reason or no reason at all, and that we shall not be liable for any damages or losses resulting from such rejection. We reserve the right to modify or terminate this policy at any time without notice.

Termination: Chatsifieds.com reserves the right to terminate membership in any group for any violation of these policies. We also reserve the right to terminate membership for any other reason, at any time, without notice.

Changes: These policies are subject to change at any time, and members will be notified of any changes. Members are expected to regularly review the policies and adjust their behavior accordingly.

Account Integrity and Authentic Identity Policy

To maintain a safe environment and empower free expression, we remove accounts that are harmful to the community, including those that compromise the security of other accounts and our services.

We prohibit the use of our services for any of the following activities:

Severe or persistent violations of our terms of use
Coordinating with other accounts or entities to violate or evade our terms of use
Representing dangerous individuals or organizations
Creating accounts with the intent to violate our terms of use
Using inauthentic or scripted means to create accounts
Creating accounts to evade enforcement actions or violate our terms of use
Misrepresenting your identity to deceive others or evade enforcement

We consider the following factors when assessing misleading identity misrepresentation:

Repeated or significant changes to identity details
Misleading profile information
Using stock imagery or stolen photos
Other related account activity

In addition, we prohibit the impersonation of others by using their photos or creating accounts pretending to be another person or entity.

We also prohibit the following activities:

Creating accounts for minors (under 13 years old)
Creating accounts for convicted sex offenders
Creating accounts for individuals or entities prohibited from receiving our products and services under applicable laws

In certain cases, we may seek further information about an account before taking actions such as temporarily restricting or permanently disabling the account.

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:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

Chatsifieds.com 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 the Services is at your own risk. Everything on the Website 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 Chatsifieds.com make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Chatsifieds.com) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

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;

the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

costs incurred as a result of you using the Website, the Services or any of the products of Chatsifieds.com; and

the Services or operation in respect to links which are provided for your convenience.

Limitation of Liability

Chatsifieds.com’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.

You expressly understand and agree that Chatsifieds.com, 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 Contract

(a) The Terms will continue to apply until terminated by either you or by Chatsifieds.com as set out below.

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

not renewing the Subscription prior to the end of the Subscription Period;

providing Chatsifieds.com with 14 days’ notice of your intention to terminate; and

closing your accounts for all of the services which you use, where Chatsifieds.com has made this option available to you.

(c) Any notices pursuant to Clause (b) of the Termination of Contract above should be sent, in writing, to Chatsifieds.com via the ‘Contact Us’ link on our homepage.

(d) Chatsifieds.com may at any time, terminate the Terms with you if:

you do not renew the Subscription at the end of the Subscription Period;

you have breached any provision of the Terms or intend to breach any provision;

Chatsifieds.com is required to do so by law;

the provision of the Services to you by Chatsifieds.com is, in the opinion of Chatsifieds.com, no longer commercially viable.

(e) Subject to local applicable laws, Chatsifieds.com reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Chatsifieds.com’s name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify Chatsifieds.com, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

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;

any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

any breach of the Terms.

Dispute Resolution (DR)

(a) 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).

(b) 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.

(c) Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

Within 28 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;

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 Australian Mediation Association;

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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in Melbourne, Australia.

(d) 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.

(e) Termination of Mediation:

If 2 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 Chatsifieds.com is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria.

Governing Law

The Terms are governed by the laws of Victoria. 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 Victoria, 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.

Severance

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.