If you are experiencing tinnitus, you should first visit your doctor. Hearing Power advises that you seek the advice and opinion of a medical professional before using tinnitus treatment.
Welcome to Tinnibot, the mobile and online service of Odio Tech Pty Ltd (hereinafter referred to as "Tinnibot", or "We", or "Us" or "Our").
The domain name www.hearingpower.co (hereinafter referred to as "Website") and Tinnibot mobile application ("Mobile Software" or "Tinnibot App") is owned and managed by Odio Tech Pty Ltd (A.C.N. 620 664 039), a private limited company, incorporated and existing under the laws of Australia.
If You are having suicidal thoughts or planning to act on suicidal thoughts or if You feel that You may be a danger to Yourself or to others or if You otherwise have any medical or mental health emergency or severe mental health condition or if You are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in Your country and notify the police or emergency medical services. For example, You can find Your country-specific suicide emergency number at: Suicide.org - Suicide Prevention, Awareness, and Support
Tinnibot is not to be used if you are under 18 years.
Your interaction with the Tinnibot bot is with an AI chatbot and not a human. The bot is restricted in the means of response and the intended use is for providing evidence-based tools and techniques to manage emotions and encourage mental wellbeing. It is not intended for providing diagnosis, treatment or cure of a condition or disease. The bot cannot and will not offer advice on issues it does not recognize.
The Tinnibot Therapist Service is a video-call and text-messaging Service provided by highly trained and qualified mental health professionals. Your assigned Tinnibot Therapist will use person-centered supportive approach to encourage and motivate You to take control of Your tinnitus and emotional well-being. Tinnibot Therapist will draw on various evidence-based psychological and lifestyle Tinnibot Therapist Service techniques to provide empathetic and non-judgmental support to help You strengthen Your self-esteem and ace through emotional hurdles and current concerns to reach Your goals. Your Therapist will listen to Your worries empathetically, promote positivity and support You in making successful lifestyle changes, so that You can manage your situation better and build emotional resilience.
By using the Therapist Service You understand and agree that the Therapist assigned to work with You will be located remotely and not in the country or state where You reside. Tinnibot Therapist Service is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disability or provide any type of state-regulated mental health services.
Tinnibot bot and Tinnibot Therapist cannot and will not offer medical or clinical advice. They can only suggest that User seek advanced (medical) help.
We do not use the data collected for the purpose of identifying You. You are not obliged to provide any Personal Information. Please do not share Your personally identifiable Information (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related Information or any other sensitive Information (such as Your sexual preferences, religious or political opinions, financial information) when You use the Tinnibot App and Services.
For safety and security reasons, we strongly recommend that You set automatic update of the Tinnibot App in the application manager settings of Your mobile device to get the latest Tinnibot App-based features and any Tinnibot App fixes.
The Tinnibot App is a virtual AI chatbot (“Bot” or “Tinnibot bot”) that You can chat with, including upon Your choice, the ability to subscribe and to talk to a highly trained and qualified mental health and well-being professional (“Tinnibot Therapist” or “Therapist”) and through a conversational interface get access to tools and techniques to manage Your tinnitus, emotional wellness and to encourage You in building resilience. The Tinnibot App is primarily available for both iOS and android mobile systems. Your Interaction with the Bot is with an artificial intelligence chatbot and not a human. The Bot is restricted in the means of response and the intended usage of Tinnibot App is for providing evidence-based tools and techniques to manage emotions and encourage mental well-being as an early intervention tool for tinnitus sufferers. The Bot cannot and will not offer advice on issues it does not recognize. Using Tinnibot App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. Tinnibot App and Service is not intended for use in crisis such as complex or severe mental health conditions that causes ideation of suicide, harm to self and others, and any medical emergencies. Tinnibot App and Service cannot and will not offer medical or clinical advice. It can only suggest that user seeks advanced (medical) help.
You may use the Service only if You are a natural/legal person and can form a binding contract with Tinnibot, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Anyone under 18 is strictly prohibited from creating an account and/or using the Service. Tinnibot reserves the right to refuse access to the Service or terminate Your account at its sole discretion. The Service is not available to any Users previously removed from the Service by Tinnibot.
Subject to Terms and Conditions, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal, non-commercial use only and as permitted by the features of the Service. Tinnibot reserves all rights not expressly granted herein in the Service and the Tinnibot Content (as defined later in this agreement). Tinnibot may terminate this license at any time for any reason or no reason.
You may be required to create an account with Tinnibot to access certain Services with a username and password or Access Codes ("Account"). Your Account gives You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion. It is hereby clarified that creation of an Account is presently not mandatory and may be required in the future only for certain Services as notified by Tinnibot from time to time. Tinnibot may, at its sole discretion, make the creation of an Account mandatory for all Services.
When creating Your Account, if required, You must provide accurate and complete information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account. You must notify Tinnibot immediately of any breach of security or unauthorized use of Your Account. Tinnibot will not be liable for any losses caused by any unauthorized use of Your Account.
You may never use another User's Account.
When You use the "Tinnibot Therapist Service" provided to You on the Platform the following terms and conditions apply:
The Tinnibot Therapist Service is provided on an "as is" and "as available" basis. Use of the Tinnibot Therapist Service is at Your own risk. to the maximum extent permitted by applicable law, the Tinnibot Therapist Service is provided without warranties of any kind, whether express or implied.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Tinnibot servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Terms and Conditions, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Terms and Conditions. You are responsible for all the mobile data usage resulting from the use of Service. Consult Your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for Your interactions with other Tinnibot Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Tinnibot shall have no liability for Your interactions with other Users, or for any User's action or inaction.
Some areas of the Service allow Users to post content such as chat content, profile information, videos, comments, questions, and other content or Information [any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content")]. We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow others (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Tinnibot has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets); (vii) contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any Information or content that You know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Tinnibot reserves the right, but is not obligated, to reject and/or remove any User Content that Tinnibot believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, You affirm, represent and warrant the following:
Tinnibot conducts research on Our global platform. This research looks at how different activities on Mobile Software (Tinnibot Therapist conversations, other activities, etc.) impact mental well-being measures. Tinnibot may use User Content and other data collected from the User in accordance with the Terms and Conditions for the purpose of this research. All data including User Content is anonymized (or anonymous) before use for research purposes. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.
We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. Tinnibot does not warrant that the Mobile Software will be compatible with Your mobile device. Tinnibot hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Tinnibot Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Tinnibot may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Tinnibot or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Tinnibot reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in Australia, and is subject to Australian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Australia. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Australian and foreign laws related to use of the Mobile Software and the Tinnibot Service.
Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Tinnibot Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Tinnibot and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Tinnibot Content. Use of Tinnibot Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Tinnibot under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Tinnibot does not waive any rights to use similar or related ideas previously known to Tinnibot, or developed by its employees, or obtained from sources other than You.
If the Service provides any Information (e.g. medical or legal) including recommending tools and techniques (e.g. meditation or activity or exercises), such Information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.
We deeply care about the integrity and security of Your personal Information and maintain security measures as required under applicable laws in Australia to ensure its unauthorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your personal Information for improper purposes. You acknowledge that You provide Your personal Information at your own risk.
We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in Australia. It is hereby clarified that Tinnibot has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Tinnibot shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website.
The Services are provided to the Users free of cost at present. The User may choose to avail additional Services available on the Mobile Software ("Premium Services") upon payment of a subscription fees. Premium Services shall be considered as a part of Services for the purpose of the Terms and Conditions. We may modify the subscription fee for the Premium Services or make all Services subject to payment of certain subscription fee at our sole discretion. The User will be notified of the applicable fee payable for the Services and the Premium Services prior to User’s use of the same.
Subscriptions will be automatically renewed on a monthly basis until subscription is canceled before the end of the current period. For Apple iTunes, the subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can go to your iTunes Account settings to manage your subscription and turn off auto-renew. Your iTunes Account will be charged when the purchase is confirmed. It is solely the User’s responsibility to cancel, which can be done at any time from Google Play and Apple iTunes. WE DO NOT ACCEPT SUBSCRIPTION CANCELLATIONS VIA EMAIL.
It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates.
Cancelling Your subscription depends on Your payment method. Here are the two ways to cancel:
To the maximum extent permitted by applicable law, in no event shall Tinnibot, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages arising out of or in connection with the Services. The aggregate liability of Odio Tech shall be limited to the subscription fee paid by You for a period of six (6) months for the Services.
You agree to defend, indemnify and hold harmless Tinnibot and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Tinnibot OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TINNIBOT, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
TINNIBOT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Tinnibot SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TINNIBOT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TINNIBOT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TINNIBOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Tinnibot ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Tinnibot, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE FREE TINNIBOT HEREUNDER OR $100.00, WHICHEVER IS GREATER. FOR THE PAID SUBSCRIPTION TO TINNIBOT THERAPIST SERVICE, THE AGGREGATE LIABILITY OF ODIO TECH SHALL BE LIMITED TO THE SUBSCRIPTION FEE PAID BY YOU FOR A PERIOD OF SIX (6) MONTHS FOR THE TINNIBOT THERAPIST SERVICE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TINNIBOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities in Australia. Tinnibot makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or Australia. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Australia.
This agreement shall be governed by and construed in accordance with the laws of New South Wales and the Parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales.
You agree to submit to the personal jurisdiction of the courts of New South Wales for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
We will not be held responsible for any delay or failure to comply with Our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Tinnibot without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
This Agreement and Terms and Conditions, together with any amendments, policies and any additional agreements You may enter into with Tinnibot in connection with the Service, shall constitute the entire agreement between You and Tinnibot concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Tinnibot's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If You have any questions, comments, or concerns about this Agreement or our other privacy policies or practices, please contact us at firstname.lastname@example.org or by writing to: