Terms Of Use

APP TERMS OF USE
Publish
Date: 16.11.2022

Thank you for
downloading the app of EnvisionVR Pty Ltd (ABN 23 638 791 401) (“we”, “us” or
the “Company”), virtual reality architect and design modelling of residential
dwellings.

1. Agreement
to these App Terms of Use

By downloading and
using this app, you agree to be bound by these terms of use (“App Terms of
Use”). These App Terms of Use constitute a binding agreement between you and
the Company and govern your use of this App.

2. Privacy
Policy

As part of these App
Terms of Use, your use of this app is also subject to our Privacy Policy
(located at https://envisionvr.net/app-privacy-policy-lifesize-plans), which is
incorporated by reference into these App Terms of Use.

The Lifesize Plans app
stores and processes personal data that you have provided to us, in order to
provide our Service. It’s your responsibility to keep your device and access to
the app secure. We therefore recommend that you do not jailbreak or root your
device, which is the process of removing software restrictions and limitations
imposed by the official operating system of your device. It could make your
device vulnerable to malware/viruses/malicious programs, compromise your
device’s security features and it could mean that the Lifesize Plans app app
won’t work as intended.

RESTRICTIONS
ON USE

3. Prohibited
conduct

Your use of this app
is subject to the rules set out in Schedule 1.

4. Violations
of these App Terms of Use

Without limiting any
other remedies available to the Company at law or in equity, the Company
reserves the right to, without notice, temporarily or indefinitely suspend, or
terminate, your access to this app or refuse to provide services to you if:

(a) you breach any
provision of these App Terms of Use;

(b) the Company is
unable to verify or authenticate any information that you provide to us; or

(c) the Company
believes that your actions may cause damage and/or legal liability to the
Company, any of its customers or suppliers or any other person.

5. Indemnity

You indemnify and hold
harmless the Company and its officers, employees, agents, consultants,
licensors, partners and affiliates from and against any losses, liabilities,
costs, expenses or damages (including actual, special, indirect and
consequential losses or damages of every kind and nature, including all legal
fees on a solicitor-client basis) suffered or incurred by any of them due to,
arising out of, or in any way related to (directly or indirectly):

(a) any material or
information that you submit, post, transmit or otherwise make available through
this app;

(b) your use of, or
connection to, this app; or

INTELLECTUAL
PROPERTY

6. Copyright

In these App Terms of
Use, the term “Proprietary Content” means:

(a) this app;

(b) all of its content
(including all of the text, graphics, designs, software, data, sound and video
files and other information contained in this app, and the selection and
arrangement thereof); and

All Proprietary
Content is the property of the Company or its licensors (as applicable) and is
protected by Australian and international copyright laws. You must not
reproduce, transmit, republish or prepare derivative works from any of the
Proprietary Content, except as expressly authorised by these App Terms of Use
or with the prior written consent of the Company or other copyright owner (as
applicable).

You may download and
print out content from this app only for your own personal and non-commercial
use and provided that you do not remove or modify any copyright, trademark or
other proprietary notices.

7. Trademarks

The look and feel of
this app (including all button icons, scripts, custom graphics and headers) are
the trademarks, service marks and/or trade dress of the Company. These
trademarks, service marks and trade dress may not be used, copied or imitated,
in whole or in part, without the prior written consent of the Company.

8. Copyright claims

If you believe that
our app contains any material that infringes upon any copyright that you hold
or control, or that users are directed through a link on this app to a third
party app that you believe is infringing upon any copyright that you hold or
control, you may send a notification of such alleged infringement to us in
writing. Such notification should identify the works that are allegedly being
infringed upon and the allegedly infringing material and give particulars of
the alleged infringement. In response to such a notification, we will give a
written notice of a claim of copyright infringement to the provider of the
allegedly infringing material. If the provider of that material does not
respond to us in writing denying the alleged infringement within 14 days after
receipt of that notice, we will remove or block the allegedly infringing
material as soon as is reasonably practicable. If the provider of that material
responds to us in writing denying the alleged infringement, we will, as soon as
is reasonably practicable, send a copy of that response to the original
notifying party. If the original notifying party does not, within a further 14
days, file an action seeking a court order against the provider of the
allegedly infringing material, we may restore any removed or blocked material
at our discretion. If the original notifying party files such a legal action,
we will remove or block the allegedly infringing material pending resolution of
that legal action.

9. Disclaimer of
warranties

TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS,
LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This app is provided
strictly on an “as is” basis. To the maximum extent permitted by law, the
Company and its officers, employees, agents, consultants, licensors, partners
and affiliates make no representation, warranty or guarantee as to the
reliability, timeliness, quality, suitability, truth, availability, accuracy or
completeness of this app or any of its content, and in particular do not
represent, warrant or guarantee that:

(a) the use of this
app will be secure, timely, uninterrupted or error-free or operate in
combination with any other hardware, software, system or data;

(b) this app will meet
your requirements or expectations;

(c) anything on this
app, or on any third-party app referred or linked to in this app, is reliable,
accurate, complete or up to date;

(d) the quality of any
information or other material purchased or obtained through this app will meet
any particular requirements or expectations;

(e) errors or defects
will be corrected; or

(f) this app is free
of viruses or other harmful components.

LIMITATIONS OF
LIABILITY

10. Exclusion of
liability

To the maximum extent
permitted by law, the Company and its officers, employees, agents, consultants,
licensors, partners and affiliates exclude all liability to you or any other
person for any loss, cost, expense, claim or damage (whether arising in
contract, negligence, tort, equity, statute or otherwise, and for any loss, whether
it be consequential, indirect, incidental, special, punitive, exemplary or
otherwise, including any loss of profits, loss or corruption of data or loss of
goodwill) arising directly or indirectly out of, or in connection with, these
App Terms of Use or the use of this site by you or any other person.

11. Remedies
limited

To the maximum extent
permitted by law, the Company and its officers, employees, agents, consultants,
licensors, partners and affiliates expressly limit their liability for breach
of any non-excludable condition or warranty/guarantee implied by virtue of any
legislation to the following remedies (the choice of which is to be at the
Company’s sole discretion):

(a) in the case of
goods, to any of the following:

I. the replacement of
the goods or the supply of equivalent goods;

II. the repair of the
goods;

III. the payment of
the cost of replacing the goods or of acquiring equivalent goods; or

IV. the payment of the
cost of having the goods repaired; and

(b) in the case of
services:

I. the supply of the
services again; or

II. the payment of the
cost of having the services supplied again.

12. Health &
Safety Notice

The use of the Virtual
Reality, Augmented Reality and other technologies may cause reactions in some
people such as dizziness, headaches, nausea, or may result in physical
injury/damage to yourself, to property or to third parties. You must ensure
that you only use the such features of this app in locations that are suitable
for the safe use thereof, including (but not limited to) locations that provide
sufficient free space to allow you to operate VR/AR functions of the app
without coming into contact with any surrounding objects or other persons and
where you are not at any risk of being impacted or otherwise injured by any
objects or persons coming into contact with you where you are unable to see and
avoid that contact due to being engaged within a virtual reality environment.
You should immediately stop using the VR/AR functions of the app if you
experience any of these symptoms or risks. By electing to use the VR/AR
functions of the app you acknowledge that these risks cannot be fully
eliminated, and you accept and assume all of the risks associated with using
the VR/AR functions of the app.

13. Release

You agree that your
use of this app is at your own discretion and risk. You agree to release the
Company and its officers, employees, agents, consultants, licensors, partners
and affiliates from any claim, demand or cause of action that you may have
against any of them arising from these App Terms of Use or the use of this app
by you or any other person. The Company may plead this release as a bar and
complete defence to any claims or proceedings.

There are certain
things that EnvisionVR Pty Ltd will not take responsibility for. Certain
functions of the app will require the app to have an active internet
connection. The connection can be Wi-Fi, or provided by your mobile network
provider, but EnvisionVR Pty Ltd cannot take responsibility for the app not
working at full functionality if you don’t have access to Wi-Fi, and you don’t
have any of your data allowance left.

If you’re using the
app outside of an area with Wi-Fi, you should remember that your terms of the
agreement with your mobile network provider will still apply. As a result, you
may be charged by your mobile provider for the cost of data for the duration of
the connection while accessing the app, or other third-party charges. In using
the app, you’re accepting responsibility for any such charges, including
roaming data charges if you use the app

outside of your home
territory (i.e., region or country) without turning off data roaming. If you
are not the bill payer for the device on which you’re using the app, please be
aware that we assume that you have received permission from the bill payer for
using the app.

Along the same lines,
EnvisionVR Pty Ltd cannot always take responsibility for the way you use the
app i.e. You need to make sure that your device stays charged – if it runs out
of battery and you can’t turn it on to use the Service, EnvisionVR Pty Ltd
cannot accept responsibility.

Any information,
photography, models and illustrations provided is intended as illustrative
representation and is not to be construed as advice, a recommendation or an
offer for the sale of property. All interested parties are directed to rely on
their own enquiries and consult their professional adviser for the accuracy of
all the aspects of the information. EnvisionVR Pty Ltd does not make any
representations or give any warranties that the information set out on its
platforms is or will remain accurate or complete at all times.

14. Force majeure

To the maximum extent
permitted by law, and without limiting any other provision of these App Terms
of Use, the Company excludes liability for any delay in performing any of its
obligations under these Website App of Use where such delay is caused by
circumstances beyond the reasonable control of the Company, and the Company
shall be entitled to a reasonable extension of time for the performance of such
obligations.

15. Interpretation

In these App Terms of
Use, the following rules of interpretation apply:

(a) headings are for
reference purposes only and in no way define, limit or describe the scope or
extent of any provision in these App Terms of Use;

(b) these App Terms of
Use may not be construed adversely against the Company solely because the
Company prepared them;

(d) a reference to a
“person” includes an individual, a firm, a corporation, a body corporate, a
partnership, an unincorporated body, an association, a government body or any
other entity; and

(e) the meaning of
general words is not limited by specific examples introduced by “including”,
“for example”, “in particular” or similar expressions.

16. Assignment

You may not assign,
transfer or sub-contract any of your rights or obligations under these App
Terms of Use without the Company’s prior written consent.

The Company may
assign, transfer or sub-contract any of its rights or obligations under these
App Terms of Use at any time without notice to you.

17. No waiver

Waiver of any power or
right under these App Terms of Use must be in writing signed by the party
entitled to the benefit of that power or right and is effective only to the
extent set out in that written waiver. Any failure by the Company to act with
respect to a breach by you or others does not waive the Company’s right to act
with respect to that breach or any subsequent or similar breaches.

18. Severability

The provisions of
these App Terms of Use are severable and, if any provision of these App Terms
of Use is held to be illegal, invalid or unenforceable under present or future
law, such provision may be removed, and the remaining provisions shall be
enforced.

19. Variation

The Company reserves
the right to amend these App Terms of Use and at any time in its sole
discretion and any such changes will, unless otherwise noted, be effective immediately.
Your continued usage of this app will mean

you accept those
amendments. We reserve the right, without notice and at our sole discretion, to
change, suspend, discontinue or impose limits on any aspect or content in this
app.

You may only vary or amend
these App Terms of Use by written agreement with the Company.

The Company also
reserves the right to update the app. The app is currently available on Android
& iOS – the requirements for both systems (and for any additional systems
we decide to extend the availability of the app to) may change, and you’ll need
to download the updates if you want to keep using the app. EnvisionVR Pty Ltd
does not promise that it will always update the app so that it is relevant to
you and/or works with the Android & iOS version that you have installed on
your device. However, you promise to always accept updates to the application
when offered to you. We may also wish to stop providing the app and may
terminate use of it at any time without giving notice of termination to you.
Unless we tell you otherwise, upon any termination, (a) the rights and licenses
granted to you in these terms will end; (b) you must stop using the app, and
(if needed) delete it from your device.

20. Governing law
and jurisdiction

These App Terms of Use
will be governed in all respects by the laws of New South Wales. The parties
irrevocably submit to the non-exclusive jurisdiction of the courts of New South
Wales and the courts of appeal from them.

21. Contact Us

If you have any
questions or suggestions about our App Terms of Use, do not hesitate to contact
us at info@envisionvr.com.au.

Schedule 1 –
Prohibited conduct

YOU MUST NOT:

· use any device,
routine or software that interferes, or attempt to interfere, with the proper
working of this app;

· engage in any action
that requires, or may require, an unreasonable or excessively large load on our
infrastructure;

· use this app to
violate any applicable local, state, national or international law, to engage
in any misleading or deceptive online marketing practices or for any fraudulent
or malicious purposes;

· use this app to
transmit junk mail, spam or chain letters or pyramid schemes or engage in other
flooding techniques or mass distribution of unsolicited email;

· interfere with the
display of any advertisements appearing on or in connection with this app;

· reverse engineer,
decompile, disassemble, adapt, modify, translate, frame or reformat any of the
material contained on this app;

· reproduce,
duplicate, copy or store any of the material appearing on this site other than
for your own personal and non-commercial use;

· falsely imply that
any other app is associated with this app;

· do anything that
leads, or may lead, to a decrease in the value of the Company’s intellectual
property rights in this app;

· use or exploit any
of the material appearing on this app for, or in connection with, any business
or enterprise (whether for profit or otherwise), including any business or
enterprise that is in competition with this app;

· release to the
public any news release, advertising material, promotional material or any
other form of publicity or information relating to the Company without the Company’s
prior written consent; or

· use this app to
transmit any information or material that is, or may reasonably be considered
to be:

– abusive,
threatening, harassing, harmful, obscene, indecent, lewd, inflammatory,
violent, vulgar, profane, racially, ethnically or otherwise objectionable or
offensive in any way;

– libellous,
defamatory, pornographic, sexually explicit, unlawful or plagiarised;

– infringing upon or
violating any copyright, trademark, patent or other intellectual property or
proprietary right;

– in breach of any
duty of confidentiality by which you are bound, whether by way of a fiduciary
or contractual relationship;

– in breach of any
person’s privacy or publicity rights;

– a misrepresentation
of facts, including the impersonation of any person or entity or a
misrepresentation of an affiliation with any person or entity (including any
sponsorship or endorsement);

– in violation of any
applicable law, statute, ordinance or regulation, or encouraging of others to
do so;

– containing any political
campaigning material, advertisements or solicitations; or

– likely to bring the
Company or any of its staff into disrepute.

WEBSITE TERMS OF
USE

Publish Date
16.11.2022

Welcome to the
website of Envision VR Pty Ltd (ABN 23 638 791 401) (“we”, “us” or the
“Company”), virtual reality architect and design modelling of residential
dwellings.

This website is
located on the web via the domain https://envisionvr.net and includes all of
the files located in that domain (“this site”).

1. Agreement to
these Website Terms of Use

By accessing this
site, you agree to be bound by these terms of use (“Website Terms of Use”).
These Website Terms of Use constitute a binding agreement between you and the
Company and govern your use of this site.

2. Privacy
Policy

As part of these
Website Terms of Use, your use of this site is also subject to our Privacy
Policy (located at https://envisionvr.net/privacy-policy), which is
incorporated by reference into these Website Terms of Use.

RESTRICTIONS ON USE

3. Prohibited
conduct

Your use of this site
is subject to the rules set out in Schedule 1.

4. Violations of
these Website Terms of Use

(a) you breach any
provision of these Website Terms of Use;

(b) the Company is
unable to verify or authenticate any information that you provide to us; or

(c) the Company
believes that your actions may cause damage and/or legal liability to the
Company, any of its customers or suppliers or any other person.

5. Indemnity

(a) any material or
information that you submit, post, transmit or otherwise make available through
this site;

(b) your use of, or
connection to, this site; or

(c) your negligence or
misconduct, breach of these Website Terms of Use or violation of any law or the
rights of any person.

INTELLECTUAL
PROPERTY

6. Disclaimer of
warranties

RELATION TO THIS SITE,
INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided
strictly on an “as is” basis. To the maximum extent permitted by law, the
Company and its officers, employees, agents, consultants, licensors, partners
and affiliates make no representation, warranty or guarantee as to the
reliability, timeliness, quality, suitability, truth, availability, accuracy or
completeness of this site or any of its content, and in particular do not
represent, warrant or guarantee that:

(a) the use of this
site will be secure, timely, uninterrupted or error-free or operate in
combination with any other hardware, software, system or data;

(b) this site will
meet your requirements or expectations;

(c) anything on this
site, or on any third-party website referred or linked to in this site, is
reliable, accurate, complete or up to date;

(d) the quality of any
information or other material purchased or obtained through this site will meet
any particular requirements or expectations;

(e) errors or defects
will be corrected; or

(f) this site or the
servers that make it available are free of viruses or other harmful components.

LIMITATION OF
LIABILITY

7. Exclusion of
liability

To the maximum extent
permitted by law, the Company and its officers, employees, agents, consultants,
licensors, partners and affiliates exclude all liability to you or any other
person for any loss, cost, expense, claim or damage (whether arising in
contract, negligence, tort, equity, statute or otherwise, and for any loss,
whether it be consequential, indirect, incidental, special, punitive, exemplary
or otherwise, including any loss of profits, loss or corruption of data or loss
of goodwill) arising directly or indirectly out of, or in connection with,
these Website Terms of Use or the use of this site by you or any other person.

8. Remedies limited

(a) in the case of
goods, to any of the following:

I. the replacement of
the goods or the supply of equivalent goods;

II. the repair of the
goods;

III. the payment of
the cost of replacing the goods or of acquiring equivalent goods; or

IV. the payment of the
cost of having the goods repaired; and

(b) in the case of
services:

I. the supply of the
services again; or

II. the payment of the
cost of having the services supplied again.

9. Release

You agree that your
use of this site is at your own discretion and risk. You agree to release the
Company and its officers, employees, agents, consultants, licensors, partners
and affiliates from any claim, demand or cause of action that you may have
against any of them arising from these Website Terms of Use or the use of this
site by you or any other person. The Company may plead this release as a bar
and complete defence to any claims or proceedings.

10. Force majeure

To the maximum extent
permitted by law, and without limiting any other provision of these Website
Terms of Use, the Company excludes liability for any delay in performing any of
its obligations under these Website Terms of Use where such delay is caused by
circumstances beyond the reasonable control of the Company, and the Company
shall be entitled to a reasonable extension of time for the performance of such
obligations.

GENERAL

11. Interpretation

In these Website Terms
of Use, the following rules of interpretation apply:

(a) headings are for
reference purposes only and in no way define, limit or describe the scope or
extent of any provision in these Website Terms of Use;

(b) these Website
Terms of Use may not be construed adversely against the Company solely because
the Company prepared them;

(d) a reference to a
“person” includes an individual, a firm, a corporation, a body corporate, a
partnership, an unincorporated body, an association, a government body or any
other entity; and

(e) the meaning of
general words is not limited by specific examples introduced by “including”,
“for example”, “in particular” or similar expressions.

12. Notifications

The Company may
provide any notification for the purposes of these Website Terms of Use by
email.

13. Costs

Except as specifically
provided in these Website Terms of Use, each party must bear its own legal,
accounting and other costs associated with these Website Terms of Use.

14. Assignment

You may not assign,
transfer or sub-contract any of your rights or obligations under these Website
Terms of Use without the Company’s prior written consent.

The Company may
assign, transfer or sub-contract any of its rights or obligations under these
Website Terms of Use at any time without notice to you.

15. No waiver

Waiver of any power or
right under these Website Terms of Use must be in writing signed by the party
entitled to the benefit of that power or right and is effective only to the
extent set out in that written waiver. Any failure by the Company to act with
respect to a breach by you or others does not waive the Company’s right to act
with respect to that breach or any subsequent or similar breaches.

16. Severability

The provisions of
these Website Terms of Use are severable and, if any provision of these Website
Terms of Use is held to be illegal, invalid or unenforceable under present or
future law, such provision may be removed, and the remaining provisions shall
be enforced.

17. Variation

The Company reserves
the right to amend these Website Terms of Use and any other policy on this site
at any time in its sole discretion and any such changes will, unless otherwise
noted, be effective immediately. Your continued usage of this site will mean
you accept those amendments. We reserve the right, without notice and at our
sole discretion, to change, suspend, discontinue or impose limits on any aspect
or content of this site.

You may only vary or
amend these Website Terms of Use by written agreement with the Company.

18. Governing law
and jurisdiction

These Website Terms of
Use will be governed in all respects by the laws of New South Wales. The
parties irrevocably submit to the non-exclusive jurisdiction of the courts of
New South Wales and the courts of appeal from them.

Schedule 1 –
Prohibited conduct

YOU MUST NOT:

· use any device,
routine or software that interferes, or attempt to interfere, with the proper
working of this site;

· engage in any action
that requires, or may require, an unreasonable or excessively large load on our
infrastructure;

· use this site to
decipher passwords or security encryption codes, transmit any worms, viruses or
Trojan horses, transfer or store illegal, threatening or obscene material or
otherwise violate the security of any computer network;

· use this site to
violate any applicable local, state, national or international law, to engage
in any misleading or deceptive online marketing practices or for any fraudulent
or malicious purposes;

· use any spider, robot
or search/retrieval application or any screen scraping, data mining or similar
data gathering device, process, program or means to access, retrieve or index
any portion of this site;

· use this site by any
automated means;

· use this site to
transmit junk mail, spam or chain letters or pyramid schemes or engage in other
flooding techniques or mass distribution of unsolicited email;

· access, retrieve or
index any portion of this site for use in constructing or populating any
database that is searchable online or for the purpose of soliciting or sharing
reviews;

· interfere with the
display of any advertisements appearing on or in connection with this site;

· reverse engineer,
decompile, disassemble, adapt, modify, translate, frame or reformat any of the
material contained on this site;

· reproduce,
duplicate, copy or store any of the material appearing on this site other than
for your own personal and non-commercial use;

· falsely imply that
any other website is associated with this site;

· do anything that
leads, or may lead, to a decrease in the value of the Company’s intellectual
property rights in this site;

· use or exploit any
of the material appearing on this site for, or in connection with, any business
or enterprise (whether for profit or otherwise), including any business or
enterprise that is in competition with this site;

· use this site to
transmit any information or material that is, or may reasonably be considered
to be:

– abusive,
threatening, harassing, harmful, obscene, indecent, lewd, inflammatory,
violent, vulgar, profane, racially, ethnically or otherwise objectionable or
offensive in any way;

– libellous,
defamatory, pornographic, sexually explicit, unlawful or plagiarised;

– infringing upon or
violating any copyright, trademark, patent or other intellectual property or
proprietary right;

– in breach of any
duty of confidentiality by which you are bound, whether by way of a fiduciary
or contractual relationship;

– in breach of any
person’s privacy or publicity rights;

– a misrepresentation
of facts, including the impersonation of any person or entity or a
misrepresentation of an affiliation with any person or entity (including any
sponsorship or endorsement);

– in violation of any
applicable law, statute, ordinance or regulation, or encouraging of others to
do so;

– containing any
political campaigning material, advertisements or solicitations; or

– likely to bring the
Company or any of its staff into disrepute.

Terms Of Use

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