Terms and Conditions
All use of Cofounda is subject to Cofounda's Customer Terms. All users must agree to the terms available at www.cofounda.com © Cofounda Pty Ltd 2012.
The Cofounda logo is a trade mark of Cofounda Pty Ltd.
This application contains reference to, name and logo of Linkedin Corporation 2012.
Cofounda Terms and Conditions of Use
1.1 The Cofounda App and Website (Cofounda) is owned and operated by Cofounda Pty Ltd ACN 153 282 770 and its related bodies corporate (Cofounda).
1.2 These terms and conditions represent the agreement between Cofounda and any person who accesses or uses Cofounda.
1.3 By clicking the ["Accept"], or by accessing and/or using Cofounda (whichever occurs first), the user (referred to in these terms and conditions as You or Your) agrees to be bound by these terms and conditions.
1.4 Cofounda reserves the right to amend Cofounda (including any of its functionality) and these terms and conditions at any time. Any amendments made to these terms and conditions will be effective immediately on them being available on the Cofounda website (www.Cofounda.com) and/or via the Cofounda App. You should check these terms and conditions periodically for changes.
2.1 In order to connect with Cofounda, You must register to use Cofounda and provide certain information (Customer Information) to Cofounda or its third party contractors via Cofounda or a nominated website to enable Cofounda to provide you with the Cofounda functionality.
2.2 By registering and providing the Customer Information, You warrant that:
(a) the Customer Information that You provide to Cofounda is not false, misleading, fraudulent or defamatory and does not infringe the intellectual property rights of any third party;
(b) You will only provide current, accurate and up-to-date information and will continually update all Customer Information as required;
(c) You will keep Your registration username and password secure; and
(d) You will not impersonate any other person or use another person's registration details.
2.3 On registration Cofounda will issue you with or confirm your username and password/PIN code. You must keep these secure at all times.
2.4 Cofounda is not responsible for any activity (including purchases made through Cofounda) that may occur as a result of the disclosure by You of Your registration details and/or password to third parties, or through unauthorised access to or use of Your personal information. You are solely responsible for all activity that occurs via your registration details and/or the use of Cofounda on your computer or mobile device.
3.1 By using Cofounda you may be able to purchase services (Products). These Products are advertised, promoted, offered, sold and/or supplied by Cofounda . The products include but are not limited to: subscription services, exchange of non-disclosure agreements, and submission of ideas to the angel board.
3.2 The Service products (Services) are advertisers or partners that provide specific goods or services to the users of Cofounda. Services are entirely responsible for all Products made available and or purchased through or via Cofounda. You should refer to any applicable terms and conditions provided by the Services in connection with the Products. All disputes relating to the quality of Products and inquiries regarding refunds must be directed to the Service.
3.3 Any dispute between You and the Service (for example in relation to the Product quality or customer service) must be resolved by You and the Service. Cofounda is under no obligation to resolve or assist You in resolving a dispute with a Service.
4.1 The data and information that You provide via Cofounda, including but not limited to any personal information You submit for the purpose of registering with or otherwise using Cofounda, may be used by Cofounda or its authorised third party contractors to:
(a) provide you with the Cofounda service (including by disclosing Your personal information to a Service(s) to the extent necessary to facilitate any order You place via Cofounda);
(b) monitor Your use of Cofounda;
(c) customise any advertising or promotional material made available via Cofounda; and
(d) contact You with information regarding Cofounda.
4.2 Cofounda may log (and Cofounda may have access to) information about the mobile device or computer used to access Cofounda (including Your IP address, operating system and browser type) and the date and time of access.
4.4 You consent to the transfer of Your Personal information if clause 10.4 of these terms and conditions is relied on by Cofounda.
4.5 No data transmitted via Cofounda can be guaranteed to be secure. Any information You submit using Cofounda is done so at Your own risk.
5.1 You will have access to connect with other subscribers of Cofounda through the application. You acknowledge that you understand that once you submit a profile, that you may receive contact from other subscribers.
5.2 In order to protect subscribers from unwanted connections, you are able to block subscribers from contacting you, if you so wish.
6. Price and Payment
6.1 All prices for Products are shown in US dollars, inclusive of GST or relevant country goods and services taxes where applicable, and are current at the time of display, in accordance with the information provided to Cofounda.
6.2 Payment for Products must be made by in application purchase through the application store.
6.3 You acknowledge that Your credit or debit card provider may charge additional fees in accordance with Your arrangements with that card provider or application store. Cofounda is not responsible for any such fees or charges.
7. Termination of Access
7.1 Cofounda reserves the right to terminate Your access to Cofounda at any time and for any reason including, but not limited to, a breach of these terms and conditions.
8. Liability and indemnities
8.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these terms and conditions. Where legislation implies any condition or warranty, and that legislation prohibits Cofounda from excluding or modifying application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but Cofounda's liability will be limited for a breach of that condition or warranty to the minimum remedy provided for in that law.
8.2 If a supply by Cofounda under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Cofounda to limit its liability, then Cofounda's liability shall be limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying
equivalent goods or having the goods repaired.
8.3 You acknowledge that to the extent permitted by law Cofounda does not accept liability for any errors, omissions, expenses, losses or damages caused by:
(a) Your access to and/or use of Cofounda;
(b) representations made by Services via Cofounda (including where inaccurate information or material has been provided);
(c) Your purchase or use of any Products;
(d) Your provision of personal or information via Cofounda (including details relating to the Payment Method); and/or
(e) any failure in the networks or serves used to provide Cofounda.
8.4 As a condition of Your use of Cofounda, You agree to indemnify and keep indemnified Cofounda and all of its officers, agents, employees or contractors (Personnel) against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against Cofounda or its Personnel) that Cofounda or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
(a) any breach of these terms and conditions by You;
(b) Your access to and/or use of Cofounda; and
(c) any loss of, or damage to, any property, or injury to, or death of, any person (including You) caused by Your access to and/or use of Cofounda.
9. Intellectual Property Rights
9.1 All copyright, trade marks and other intellectual property rights in Cofounda and the information and material contained on Cofounda is owned by or licensed to Cofounda. Trade marks and other rights used under license by Cofounda (for example, in advertising Services or Products) are used with permission and are owned by the relevant third party.
9.2 Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in the location from which You access Cofounda, You may not adapt, reproduce, publish or distribute copies of any information or material found on Cofounda in any form (including by e-mail or other electronic means), without Cofounda√≠s prior written consent.
10.1 By accessing and using Cofounda, You acknowledge and agree that any disputes in relation to Cofounda are to be determined by the courts of Queensland, Australia, in accordance with the laws of Queensland, Australia.
10.2 Cofounda accepts no liability for any failure or delay in complying with these terms and conditions where such failure or delay is due to circumstances beyond Cofounda's reasonable control.
10.3 If Cofounda waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by Cofounda or its authorised representative.
10.4 If Cofounda sells or otherwise changes control of Cofounda, Cofounda reserves the right, without giving notice to You or seeking any additional consent from You, to transfer or assign Your personal information and any other rights You have under these terms and conditions.
10.5 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and conditions will nevertheless continue in full force.