Welcome to World Name Days! We provide users the ability to automate name day messages and gifts to their friends
and family (Services), as set out in more detail on our website (Site).
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If
you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you
or your means that entity. When we say we, us, or our, we mean NICOPOULOS FAMILY SMSF PTY LTD (ACN 676
415 517) as trustee for NICOPOULOS FAMILY SMSF (ABN 24 717 054 906).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and
your obligations as a customer. You cannot use the Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has
the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on the Site) which sets out how we will handle your personal information;
● clause 1.7 (Variations) which sets out how we may amend these Terms; and
● clause 9 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third- party websites
through a link in the Services, or for featuring certain goods or services on the Services.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Engagement and Term
1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in
accordance with their Terms (Term).
1.2 Subject to your compliance with these Terms, we will provide you with access to the Services.
1.3 Where we require access to your premises or computer systems in order to provide the Services, you agree to
provide us with such access free from risk to the safety of our employees and contractors.
1.4 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
1.5 If we provide you with access to any new or beta services, you acknowledge that because of the developmental
nature of such services, you use them at your own risk and we have no obligation to maintain or provide error
corrections. Any new or beta services we provide you with access to is for evaluation purposes only and not for
production us, and we may discontinue those services at any time at our sole discretion.
1.6 Where you engage third parties to operate alongside the Services (for example, any third-party software systems
you wish to integrate with the Services), those third parties are independent of us and you are responsible for
(meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
1.7 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to
use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the
amended Terms. If you do not agree to the amendment, you should cease using the Services.
2. Account
2.1 You must sign up for an Account to access and use the Services.
2.2 While you have an Account with us, you agree to:
(a) keep your information up-to-date (and ensure it remains true, accurate and complete);
(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account orany logins linked to your Account.
2.3 If you close your Account, you will lose access to the Services.
3. Fees
3.1 You may choose to purchase Services from us, as set out on our Site (Paid Services). You must pay all amounts
due under these Terms in accordance with these Terms or as set out on our Site (as applicable).
3.2 We may offer free trials for certain Paid Services. At the end of the free trial, you will either begin to be charged
for the Paid Service or lose access to it (unless you sign up to it as a Paid Service), as specified in the trial offer
you sign up to.
3.3 Details of our Paid Services, including features, limitations and fees are set out on our Site. All Paid Services
must be paid for at the time you order the Service.
3.4 Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using
one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case,
these will be set out at the time you make payment).
3.5 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by
fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card
holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you
authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are
either the holder or an authorised signatory of that bank account.
3.6 If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:
(a) suspend your access to the Services; and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from
time-to-time, plus 2% per annum, calculated daily and compounding monthly.
3.7 You are responsible for paying any levies or taxes associated with your use of the Services, for example sales
taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
4. Licence
4.1 During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot
be passed on or transferred to any other person.
4.2 When you purchase our Paid Services, we grant you the right to access the purchased Service until the earlier of
the specified duration of access, these Terms are terminated or you cancel the specific Service. These rights
cannot be passed on or transferred to any other person.
4.3 You must not:
(a) access or use the Services in any way that is improper or breaches any laws, infringes any person's rights
(for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of the Services, or any other person’s access to or use of the
Services;
(c) introduce any viruses or other malicious software code into the Services;
(d) use any unauthorised or modified version of the Services, including but not limited to for the purpose of
building similar or competitive software or for the purpose of obtaining unauthorised access to the
Services;
(e) attempt to access any data or log into any server or account that you are not expressly authorised to
access;
(f) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing,
concurrent use of a single user login, or time-sharing;
(g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third
party; or
(h) access or use the Services to transmit, publish or communicate material that is, defamatory, offensive,
abusive, indecent, menacing, harassing or unwanted.
5. Availability, Disruption and Downtime
5.1 While we strive to always make the Services available to you, we do not make any promises that these will be
available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a
result of scheduled or emergency maintenance.
5.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud
hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime
caused or contributed to by these third parties.
5.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the
Services.
6. Intellectual Property and Data
6.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well
as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy
or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or
discover the source code of our intellectual property), and you must not alter or remove any confidentiality,
copyright or other ownership notice placed on the Services.
6.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to
develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or
suggestions.
Your Data
6.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us
the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your
use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third
party service providers) to:
(a) supply the Services to you (for example, to enable you to access and use the Services), and otherwise
perform our obligations under these Terms;
(b) diagnose problems with the Services;
(c) improve, develop and protect the Services;
(d) send you information we think may be of interest to you based on your marketing preferences;
(e) perform analytics for the purpose of remedying bugs or issues with the Services; or
(f) perform our obligations under these Terms (as reasonably required).
6.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your
Data by us may occur over various networks.
6.5 You are responsible for (meaning we are not liable for):
(a) the integrity of Your Data on your systems, networks or any device controlled by you; and
(b) backing up Your Data.
6.6 When you use the Services, we may create anonymised statistical data from Your Data and usage of the
Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own
purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify
business trends, and for other uses we communicate to you. This may include making such anonymised data
publicly available, provided it is not compiled using a sample size small enough to make underlying portions of
Your Data identifiable.
6.7 If you do not provide Your Data to us, it may impact your ability to receive the Services.
6.8 This clause 6 will survive the termination or expiry of these Terms.
7. Confidential Information and Personal Information
7.1 While using the Services, you may share confidential information with us, and you may become aware of
confidential information about us. You agree not to use our confidential information, and to take reasonable steps
to protect our confidential information from being disclosed without our permission, and we agree to do the same
for your confidential information. This also means making sure that any employees, contractors, professional
advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis (in other
word the disclosure is absolutely necessary) and that they also agree to not misuse or disclose such confidential
information.
7.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law
to do so.
7.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy
policy, available on the Site, and applicable privacy laws.
7.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s
express consent).
7.5 We may need to disclose Personal Information to third parties, such as our related companies or our service
providers (for example, IT and administrative service providers and our professional advisors).
7.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request
certain information from you in order to meet our requirements, and you agree to provide us with such information
within the timeframes reasonably requested by us.
7.7 This clause 7 will survive the termination or expiry of these Terms.
8. Consumer Law Rights
8.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law
Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer
Law Rights and the express wording of these Terms.
8.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in
circumstance.
8.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify
the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as
set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
8.4 This clause 8 will survive the termination or expiry of these Terms.
9. Liability
9.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any
Liability caused or contributed to by, arising from or in connection with:
(a) your computing environment (for example, your hardware, software, information technology and
telecommunications services and systems); or
(b) any use of the Services by a person or entity other than you.
9.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the
relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any
failure by the other party to mitigate its loss;
(c) (where the Services are not ordinarily acquired for personal, domestic or household use or consumption)
in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our
discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited
to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the
Liability relates, and where no Services have been purchased, AU$1000.
9.3 This clause 9 will survive the termination or expiry of these Terms.
10. Notice Regarding Apple
10.1 To the extent that you are using or accessing the Services on an iOS device through a mobile application from the
Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these
Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Services
and any content available on the Services.
10.2 Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.
10.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund
the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple
will have no other warranty obligation whatsoever with respect to the mobile application and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our
responsibility.
10.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or
your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our
mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under
consumer protection or similar legislation.
10.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our
mobile application infringes that third party’s intellectual property rights.
10.6 You agree to comply with any applicable third-party terms when using our mobile application.
10.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these
Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against
you as a third-party beneficiary of these Terms.
10.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are
not listed on any U.S. Government list of prohibited or restricted parties.
11. Suspension and Termination
Suspension
11.1 We may suspend your access to the Services where we reasonably believe there has been any unauthorised
access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we
suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work
with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to
the Services will end.
Termination
11.2 We may terminate these Terms (meaning you will lose access to the Services) if:
(a) you fail to pay your fees when they are due;
(b) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(c) you breach these Terms and that breach cannot be remedied;
(d) we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written
notice; or
(e) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary
administration, liquidation, or entering into creditors’ schemes of arrangement).
11.3 You may terminate these Terms if:
(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b) we breach these Terms and that breach cannot be remedied.
11.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices
(as set out in clause 12.8 ), and termination will take effect immediately.
11.5 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory
requirements.
11.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
11.7 This clause 11 will survive the termination or expiry of these Terms.
12. General
12.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under
these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third
party, or transfer any debt owed by you to us to a debt collector or other third party.
12.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim
arising from, or in connection with, these Terms (including any question regarding its existence, validity or
termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause
will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate
jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the
Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial
Mediation; or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the
Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in
Melbourne, Victoria, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
12.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including
the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our
reasonable control.
12.4 Governing law: These Terms are governed by the laws of Victoria, and any matter relating to these Terms is to
be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.
12.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem
inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
12.6 Marketing: You agree that we may send you electronic communications about our products and services. You
may opt-out at any time by using the unsubscribe function in our electronic communications.
12.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a
partnership, joint venture, employment or agency relationship between us and you.
12.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice
we send to you will be sent to the email address registered against your Account.
12.9 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or
risk management advice.
13. Definitions
13.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to the Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit,
loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of
reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including
negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the
Services (including the Services) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand,
proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or
otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or
contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is
reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is
recorded in a tangible form or not.
Services means the services we provide to you, as detailed at the beginning of these Terms.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or
data supplied by you when receiving the Services or stored by or generated by your use of the Services, including
any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services.
Your Data does not include any data or information that is generated as a result of your usage of the Services that
is a back-end or internal output or an output otherwise generally not available to users of the Services.
