App Terms of Use

APP TERMS OF USE
Publish Date: 15.04.2024.

Thank you for downloading the app of Enviz Co Pty Ltd (ABN 23 638 791 401) (“we”, “us” or the “Company”), virtual reality architect and design modelling of unbuilt spaces and 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://enviz.co/privacy-policy), which is incorporated by reference into these App Terms of Use.

The Enviz 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 Enviz 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 Enviz Co 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 Enviz Co 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, Enviz Co 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, Enviz Co 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. Enviz Co 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 & Meta Quest – 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. Enviz Co 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 & Meta Quest 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@enviz.co.

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.