Mobile App Terms And Conditions Of Use

About the Application

  • Welcome to Gezzin. Please read these terms and conditions (the Terms) carefully before using our website, www.gezzin.com, or our mobile application (collectively the Application). The Application is operated by Gezzin PTY. LTD. (ACN 625 872 979) (Gezzin). Access to and use of the Application, or any of its associated products or services, is provided by Gezzin.
  • The Application is a mobile and web based marketplace that facilitates the connection with other Users so that a User has the opportunity to browse other User’s Profiles and Family Trees in order to connect with User’s who may be family members (the Services).
  • Gezzin reserves the right to review and change any of the Terms by updating this page at its sole discretion. If Gezzin 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. The access and use of the Application by you after Gezzin makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Application and any of its associated products or Services immediately.

Acceptance of the Terms

  • 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 Services, immediately.
  • You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by Gezzin in the user interface.
  • 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 Gezzin; 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 to or from which you use the Services.
  • By accepting these Terms, you warrant that you have familiarised yourself with, and agree to be bound by the Terms, and the Privacy Policy found at Privacy policy (the Privacy Policy). If you do not agree to the Terms or the Privacy Policy, you must cease usage of the Application and any of its associated products or Services immediately. Gezzin recommends that you regularly check these Terms for any material changes and to keep a copy of the Terms for your records, as the Terms may change.

Definitions

  • Family Tree means the interactive family tree a User can create on the Application, which other User’s may be able to view, depending on a User’s privacy settings.
  • Objectionable Behaviour includes, but is not limited to, any behaviour that is unlawful, sexual, harassing, threatening, abusive, violent, discriminatory, intimidating, predatory, or the sending of Objectionable Content via direct message to other Users, or that otherwise would disrupt others’ enjoyment of the Application.
  • Objectionable Content means any content relating to escort or adult services; nudity or pornography; alcohol and the purchase of alcohol; asking for or offering money; advertising of a business or self promotion; terrorism or promoting terrorist groups; real-estate, animals, event tickets, gift vouchers, prescription medication or illegal substances and tobacco products.
  • Profile means a User profile created by the User on the Application and available for other Users to view and engage with in accordance with these Terms.
  • User means any user of the Application.

Registration to Use the Services

  • In order to access the Services, you are required to register for an account through the Application (the 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, including the following:
    • your name;
    • your email address;
    • your date of birth;
    • your geolocation;
    • your culture;
    • your gender; and
    • a preferred password.
  • You acknowledge and agree that:
    • providing false and misleading personal information is grounds for immediate termination of your account or banning you from the Application without notice;
    • by supplying Gezzin with your email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Gezzin in order to keep you informed about Gezzin’s activities. If you do not wish to receive updates from Gezzin, you may contact Gezzin at admin@gezzin.com or click ‘Unsubscribe’ at the bottom of the email;
    • any personal and registration information you provide to Gezzin in the course of completing the registration process will always be accurate, correct and up to date. If at any time the personal information you have provided to Gezzin changes, you must update it immediately;
    • Gezzin is only providing you the Services, and does not participate in any correspondence between the Users;

The Services

  • By Gezzin offering its Services to you, you acknowledge and agree that:
    • Gezzin may receive a commission, benefit, or fee from third parties in relation to the provision of the Services to you;
    • Gezzin does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service;
    • you shall remain solely responsible for assessing the implications and risks of using the Services; and
    • these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.
  • You acknowledge and agree that Gezzin has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms

Your Obligations as a User

  • As a User, you acknowledge and agree with the following:
    • to comply with the Terms;
    • you will use the Services only for purposes that are permitted by:
      • the Terms; and
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • you have the sole responsibility for protecting the confidentiality of your password and/or email address and you will not disclose to any third party the password used to access your account. Use of your password by any other person may result in the immediate cancellation of the Services. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Gezzin of any unauthorised use of your password or email address or any breach of security of which you have become aware. If you discover that a third party has accessed your account or knows your account password, you must immediately notify Gezzin in writing at admin@gezzin.com;
    • 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 Gezzin providing the Services and only for the duration that you are a User;
    • that you are solely responsible for the activity that occurs under your account, including but not limited, to any direct messages or comments you send, your Profile and your Family Tree;
    • you must 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 Gezzin;
      • create a Profile or Family Tree that is illegal in the jurisdiction where you use the Application;
      • create a Profile that contains any Family Tree, photographs or description concerning or containing Objectionable Content;
      • post anything to the Application which is not related to the Services or that contains Objectionable Content;
      • expressly or impliedly impersonate another User or use the account or password of another User at any time;
      • 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;
      • provide false information including false names, addresses and contact details;
      • use the Application unlawfully or in a manner that violates any applicable laws, regulations or these Terms;
      • hack into any part of the Application or attempt to circumvent Gezzin’s security, systems, infrastructure or network to access data not intended for you;
      • interfere with the servers or networks connected to the Application or the Services, or violate any of the procedures, policies or regulations of networks connected to the Application or the Services;
      • engage in conduct or access the Application in a way that will impose an unreasonable or large burden of traffic demands on Gezzin’s infrastructure or to generate leads;
      • introduce or transmit files that contain a virus, malware, “spam”, “chain letters” promotional materials, or “junk mail”;
      • upload or post content to the Application which is false, misleading, defamatory or contains sexually explicit material, references or innuendos;
      • act in a way that constitutes an Objectionable Behaviour;
      • create derivative works of the Application or an application substantially similar or a direct copy of the Application such that confusion may occur as to which Application is operated by Gezzin;
      • resell or export the software associated with the Application; and
      • automate the use of the Application or the Services, and
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Gezzin for any illegal or unauthorised use of the Application.

Using the Application as a User

  • Gezzin offers a platform that provides the User with an opportunity to:
    • view and browse other User’s Profiles, including viewing their names, their age, their Family Tree and geolocation (if permitted by the relevant User’s privacy settings);
    • create a Profile and Family Tree;
    • connect with other Users that may be family members;
    • leave comments on Profiles and Family Trees and send direct messages to other Users if both User’s connect (if permitted by the relevant User’s privacy settings); and
    • delete any information, photographs or other content uploaded when making a Family Tree or that is on your Profile;
    • report and block other User’s if they engage in Objectionable Behaviour or upload, post or transmit to you Objectionable Content or create a Profile that contains Objectionable Content.
  • To report another User for any Objectionable Behaviour and/or Objectionable Content, you may click the ‘Report’ button located in the Application, and complete the online form.
  • To block another User for any Objectionable Behaviour and/or Objectionable Content, you may click the ‘Block’ button located in the Application.
  • If you access or download Gezzin’s Application from:
    • the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service;
    • the Google Play Store, you agree to the relevant Android, Google Inc. Terms and Conditions, including the Google Apps Terms of Service; or
    • any other platform that Gezzin uses as the point of access or download for the Application.
  • You acknowledge and agree:
    • that Gezzin only offers the Services and is in no way responsible for verifying a User;
    • you will be responsible for the provision of the Family Tree;
    • that Gezzin is not responsible for the information provided by a User regarding their Profile or their Family Tree;
    • that Gezzin does not tolerate any Objectionable Behaviour made towards another User, and as such, Gezzin reserves its right, at any time and without prior notice, to remove or disable your access to the Application at Gezzin’s discretion and for any reason, including but not limited to, if Gezzin believes that you have caused any abusive, threatening, sexist or racist comments or actions, or other Objectionable Behaviour made towards another User; that Gezzin does not tolerate any Objectionable Behaviour made towards another User, and as such, Gezzin reserves its right, at any time and without prior notice, to remove or disable your access to the Application at Gezzin’s discretion and for any reason, including but not limited to, if Gezzin believes that you have caused any abusive, threatening, sexist or racist comments or actions, or other Objectionable Behaviour made towards another User;
    • that Gezzin moderates and filters any content that you upload, post or transmit on the Application, including but not limited to, text and images, and as such, Gezzin reserves its right, at any time and without prior notice, to remove or disable your access to the Application at Gezzin’s discretion if Gezzin believes that you have uploaded or posted any Objectionable Content and remove the Objectionable Content from the Application;
    • that if a report is made against you concerning Objectionable Content, Gezzin will investigate and review the report and the content and may remove your access to the Application and the Objectionable Content within 24 hours of the report being made if Gezzin finds that the content uploaded, posted or transmitted breaches these Terms or is deemed to be Objectionable Content; and
    • to communicate with other Users respectfully and professionally.

Creating a Profile and/or Family Tree

  • To create a Profile on the Application, the User must provide an accurate biography that includes a Family Tree, their age, their location, and a photograph.
  • When creating a Profile and/or a Family Tree, the User acknowledges and agrees that:
    • the Profile and/or a Family Tree will be of a professional standard and will not violate any applicable laws;
    • the Profile and/or Family Tree and any content on the Profile and/or Family Tree does not infringe any intellectual property rights or other rights under the applicable law;
    • you have any required permissions or authorisations to create the Profile and/or Family Tree onto the Application;
    • any text, photos and information uploaded or posted onto the Application in relation to the Profile and/or Family Tree is accurate, current and correct to the best of your knowledge; and
    • you are responsible for immediately removing your Profile if the Profile breaches any relevant laws or upon Gezzin’s request.
  • You acknowledge and agree that Gezzin reserves the right, at any time and without prior notice, to remove the Profile and/or Family Tree from or disable your access to the Application at Gezzin’s sole discretion without notice and for any reason, including, but not limited to, if Gezzin finds that:
    • the Profile and/or Family Tree is misleading or false;
    • the Profile and/or Family Tree is offensive;
    • the Profile and/or Family Tree is abusive, threatening, or discriminatory;
    • the Profile and/or Family Tree violates these Terms;
    • the Profile and/or Family Tree is harmful or damaging to the Application, the Services, and the Users;
    • the Profile and/or Family Tree contains Objectionable Content;
    • the Profile and/or Family Tree has been reported by other User’s to contain Objectionable Content;
    • Gezzin is required to by law, or requested to by law enforcement; or
    • a claim is made that the Profile and/or Family Tree violates the intellectual property rights of a third party.

Payment

  • When purchasing the Application or any related product or service through the Application, you agree to the payment of the purchase price set out on the Application for the Application (the Purchase Price).
  • All prices are quoted in Australian Dollars (including any applicable GST). Gezzin reserves the right to change or alter the Purchase Price at any time, at their sole discretion, and without notice.
  • Payment of the Purchase Price may be made through a third party payment processor, such as Stripe, PayPal, or Afterpay (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.
  • Following payment of the Purchase Price being confirmed by Gezzin, you will be issued with a receipt to confirm that the payment has been received and Gezzin may record your purchase details for future use.
  • In the event you elect to pay the Purchase Price by way of direct debit or credit card and there is a chargeback by your credit provider, Gezzin may suspend or terminate the Services immediately. You will be charged the then current Gezzin administration fee, available on the Website (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, Gezzin may reinstate the Services to you.
  • You acknowledge and agree that where a request for the payment of the Purchase Price 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 Purchase Price.
  • Gezzin reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment pursuant to the Services.

Subscription Fee

  • You acknowledge and agree that by accessing and using the Application, you may be required to pay a fee, periodically (as stipulated by Gezzin) (the Subscription Fee) that is equal to the published price of the relevant subscription plan (if any) at the time. Gezzin will charge the Subscription Fee to your nominated payment method each month. The User is responsible for ensuring that it always has a valid payment method on file in Gezzin’s billing system, and that there are adequate funds in your linked account to honour the payment of the Subscription Fee. All Subscription Fees are final. Gezzin can provide a refund of the Subscription Fee in its sole and absolute discretion.
  • In the event you elect to pay the Subscription Fee by way of direct debit and/or credit card and there is a chargeback by your credit provider, Gezzin may suspend or terminate the Services immediately. You will be charged the then current Gezzin administration fee, available on the Application, plus GST (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts, which remain unpaid after thirty (30) days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, Gezzin may reinstate the Services to you.
  • 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.
  • Gezzin reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment pursuant to the Services.

REFUND POLICY

  • If, for whatever reason, you are unsatisfied with the Services, please contact Gezzin at admin@gezzin.com outlining why you believe you are entitled to a refund of any [Purchase Price] OR [Subscription Fee] so that Gezzin is able to determine whether a refund should occur.
  • If a refund is granted, the refund will be the proportional amount of the [Purchase Price] OR [Subscription Fee] that remains unused by the Member.
  • Any refunds granted pursuant to this clause will be at Gezzin’s sole discretion.

Copyright and Intellectual Property

  • The Application, the Services and all of the related products of Gezzin are subject to copyright. The material on the Application 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 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 Gezzin or its contributors.
  • Gezzin 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 you:
    • the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Gezzin, or
    • the right to use or exploit a business name, trading name, domain name, trademark, 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.
  • All trademarks, service marks and trade names are owned, registered and/or licensed by Gezzin, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
    • use the Application pursuant to the Terms.
    • copy and store the Application and the material contained in the Application in your device's cache memory; and
    • print pages from the Application for your own personal and non-commercial use.
  • Gezzin does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Gezzin Pty Ltd. Subject to clause 12.2, you retain all rights, title and interest (including copyrights, patents and trade marks) in the content uploaded in the Profile, the Family Tree and any of its other content uploaded to the Application (the Uploaded Content). You grant to Gezzin a non-exclusive, transferable, royalty-free licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivate works of your Uploaded Content, trade marks and business name, including but not limited to using your Uploaded Content, trade marks and business name for marketing and promotional purposes via the Application, social media and any other medium Gezzin deems fit or storing, copying and sharing you Uploaded Content to others. Gezzin will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).
  • You acknowledge and agree that Gezzin exclusively and unconditionally owns the Moral Rights in all the Derivative Materials, materials and documents relating to the Services.
  • You acknowledge and agree that to the extent that you have Moral Rights in any of the Content, Derivative Materials, materials, and documents relating to the Terms, you will provide a Moral Rights Consent to Gezzin.
  • You may read and copy the Content to the extent necessary to use the Services, but you may not publish, resell or sub-licence it. Gezzin makes no guarantees, representations or warranties about the accuracy or correctness of any of the information on Gezzin.
  • For purposes of clause 12.10, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans and other identifying symbols and indicia of the applicable party.
  • Subject to these Terms, you hereby grant to Gezzin and its affiliates for no consideration, a limited, non-exclusive and non-transferable license to use your Marks, on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in media or promotional guidelines (if any). All goodwill related to the use of any Marks shall inure to the benefit of the owner of such Marks.
  • You may not, without the prior written permission of Gezzin 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.

Privacy

  • Gezzin takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Gezzin's Privacy Policy, which is available on the Application and at www.gezzin.com

General Disclaimer

  • You acknowledge and agree that Gezzin does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding any Profile and/or Family Tree other than provided for pursuant to these Terms.
  • Gezzin does not warrant or represent that any Profile and/or Family Tree listed on the Application is free from error or omission or that they have been accurately described.
  • Gezzin does not provide any guarantees as to the quality of the Profile or the Application.
  • You acknowledge and agree that due to the nature of the Services, Gezzin will use its best endeavours to verify Users, and filter any Profiles, text, and images uploaded and posted onto the Application, however, Gezzin does not guarantee or represent that all Users are verified and that you will not encounter any Objectionable Content. The User is responsible for assessing other User’s and their suitability prior to agreeing to participate in an Activity.
  • 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
    • Gezzin 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 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 Gezzin make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Gezzin) 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:
    • 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 Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
    • costs incurred as a result of you using the Application, the Services or any of the products of Gezzin;
    • the Uploaded Content or operating in respect to links which are provided for the User’s convenience; and
    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct;

Competitors

  • 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 Gezzin. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Gezzin 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.

Limitation of liability

  • Gezzin’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 Gezzin, 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.
  • Gezzin is not responsible or liable for, including loss of profit, in any manner for:
    • any site content (including the Uploaded Content) posted on the Application or in connection with the Services, whether posted or caused by Users, by third parties or by any of the Services offered by Gezzin; or
    • any failure or delay due to matters reasonably beyond Gezzin’s control.
  • Gezzin does not control and is not responsible for:
    • the behaviours and actions of Users and accordingly, Gezzin is not responsible for any offensive, inappropriate, obscene or unlawful actions that you may encounter when communicating with another User, or in connection with your use of the Services;
    • the behaviours and actions of Users that you meet in person;
    • any content that is shared on the Application; or
    • any Profiles or Family Trees.

Termination of Contract

  • The Terms will continue to apply until terminated by either you or by Gezzin as set out below.
  • If you want to terminate the Terms, you may do so by:
    • providing Gezzin with a written notice at any time of your intention to terminate by writing to Gezzin via the ‘Contact Us’ link on the Application’s homepage; and
    • closing your accounts for all of the Services which you use, where Gezzin has made this option available to you.
  • Your elected termination will be effective upon receipt of the notice of your intention to terminate by Gezzin. Notwithstanding the aforementioned, Gezzin reserves the right to pursue you in relation to any obligations accrued prior to the date of termination.
  • Gezzin may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • Gezzin is required to do so by law;
    • the partner with whom Gezzin offered the Services to you has terminated its relationship with Gezzin or ceased to offer the Services to you;
    • Gezzin is transitioning to no longer providing the Services to Users in the country in which you are resident to or from which you use the service; or
    • the provision of the Services to you by Gezzin is, in the opinion of Gezzin, no longer commercially viable.
  • Subject to local applicable laws, Gezzin reserves the right to discontinue or cancel your use of an access to the Application 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 Gezzin's name or reputation or violates the rights of those of another party.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Gezzin 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.

Indemnity

  • You agree to indemnify Gezzin, 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 you use of the Application and/or Services, including but not limited to:
    • any misuse of the Application or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
    • any direct or indirect consequences of you accessing, using, or transacting on the Application or attempts to do so;
    • any breach of the Terms;
    • any interaction between the Users whether online or in person, including but not limited to a Profile, comments, and direct messages; or
    • any activity which you engage in on the Application or through Gezzin, including uploading or posting information and creating a Family Tree.
  • This indemnity will survive termination of the Terms.

Dispute Resolution

  • 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).

  • 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.

  • Resolution:

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

    • Within seven (7) 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, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties are prohibited from instituting legal proceedings concerning the subject matter of the dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Victoria, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
    • The Dispute Parties are equally liable for the fees and reasonable expenses of a arbitrator and the cost of the venue of the arbitration and without limiting the foregoing undertake to pay any amounts requested by the arbitrator as a pre-condition to the arbitration commencing. The Dispute Parties must each pay their own costs associated with the arbitration.

  • Confidential:

    All communications concerning negotiations made by the Dispute 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.

Venue and Jurisdiction

  • 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 Victoria, Australia.

Governing Law

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

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.

Entire Agreement

  • These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

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.

Waiver

  • A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
  • A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
  • The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

Assignment

  • You may not assign your rights or delegate your duties under these Terms or any additional terms without our prior written consent.
  • A purported assignment without written consent will be deemed to be void and convey no rights.
  • Gezzin may assign its rights or delegate its duties under these Terms or any additional terms without our prior written consent.

Contact

  • If you wish to notify us about anything relating to these Terms, please contact us at admin@gezzin.com.