Terms & Conditions
INHERO GENETICS PTY LTD
TERMS AND CONDITIONS
Thank you for using the services of Inhero.
The Terms and Conditions set out below (“Terms”) govern the services of Inhero, the ordering of livestock genetic material and goods and services through Inhero (“Order”) by purchasers (“Purchaser”), the listing of genetic material goods for sale (“Listing”) and the making of any associated sale (“Sale”), the access and use of the Inhero website (“Website”), and the Inhero mobile device software application (including all features, functions, software and componentry) (the “App”) (collectively the “Services”), and form a binding agreement between Inhero Genetics Pty Ltd ACN 691 675 591 (collectively or individually “Inhero”, “We”, “Us”, “Our” and similar grammatical forms) and you (collectively or individually “You”, “Your” and similar grammatical forms). Clients who use the Services must do so under the following Terms (this “Agreement”).
The Services, including all intellectual property and confidential information, is owned and operated by Inhero.
By accessing or using the Services, You acknowledge that You have read, understood, and agree to be bound by the Terms of this Agreement. If You do not agree to the Terms, please cease using the Services immediately. We recommend that You save a copy of this Agreement for Your records.
Inhero reserves the right to periodically modify this Agreement. Any such changes will be published on the Website and become seven (7) Days following the posting. If You do not accept the amendments, You must discontinue accessing or using the Services. By continuing to access or use the Services, You agree that the then current version of this Agreement (including any amendments effective at that time) applies to Your access and use of the Services.
The material on the Website is copyright © 2026 Inhero or other copyright owners.
1 Interpretation
1.1 In these terms:
(a) App means the Inhero mobile software application, including all associated content, features, functionality, updates, enhancements, and components, made available by Inhero for download or access on compatible devices via authorised third-party application stores or platforms (such as the Apple App Store or Google Play Store).
(b) Claim means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
(c) Day means a period of twenty-four (24) hours.
(d) Group Account means a User Account with up to five (5) Users.
(e) GST means the tax payable on a Taxable Supply within the meaning of the GST Act.
(f) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate.
(g) Loss means all loss, including financial losses, damages, legal costs (on an indemnity basis) and other expenses of any nature, including consequential and indirect losses and loss of profits or business.
(h) Minor considered to be a person under eighteen (18) years of age.
(i) Taxable Supply has the meaning given to the term in the GST Act.
(j) Terms means these terms and conditions.
(k) Third Party means any person, organisation, entity or provider of products or services that are not owned, operated or controlled by Inhero.
(l) User means any person or entity who accesses or uses the Services, including a Vendor and Purchaser.
(m) User Account means an account registered with Inhero by a User which enables access to and use of the Services.
(n) User Content means text, messages, personal information, product information, general information, opinions, images, videos, material, content or other data, whether in writing or otherwise and as submitted and uploaded by You using the Services, and includes without limitation a Listing.
(o) Website means the Inhero website located at www.inherogenetics.com.
2 Acceptance & Agreement
2.1 The Services are provided to You in accordance with this Agreement and subject to these Terms.
2.2 Upon acceptance of these Terms, You may only use the Services in accordance with these Terms.
2.3 You are taken to have accepted, and are immediately bound by, these Terms, upon You:
(a) accessing the Services; or
(b) continuing to access and use the Services after viewing or receiving a copy of these Terms; or
(c) creating a User Account; or
(d) placing an Order; or
(e) by any other means or method which informs Inhero of Your acceptance.
3 Using the Services
3.1 Inhero recognises the important role junior breeders play within the livestock industry. Users under eighteen (18) years of age may only access and use the Services with the involvement and consent of a parent or legal guardian. To the full extent permitted under any applicable law, Inhero declines any responsibility for any acts or omissions made by a Minor without a parent or guardian's permission. .
3.2 You agree not to misrepresent Your identity or any personal information. You warrant that all data provided by You to us is correct, accurate, current and complete.
3.3 You must only use the Services in accordance with these Terms and any applicable laws.
3.4 By entering this Agreement, You acknowledge and agree that You engage with the Services at Your own risk and responsibility.
3.5 You agree to indemnify, defend and hold harmless Inhero, its directors, officers, employees, consultants, agents, and affiliates, from any and all Loss, Claims, liability, damages and/or costs (including, but not limited to, legal fees on an indemnity basis) arising from Your use (or misuse) of the Services or Your breach of the Terms.
3.6 You agree and accept that all, or a portion of, the App may only be accessed and used through downloading the App to a compatible mobile electronic device.
3.7 Users agree that they are solely responsible for:
(a) the access and use of the Services, including all of its functions, features and services; and
(b) their actions and omissions when communicating with other Users and when sharing, disseminating or otherwise exchanging information, data and related information to other Users and Third Parties; and
(c) all acts, omissions and activities and their legal consequences while accessing and using the Services and its associated services provided by Inhero.
3.8 When accessing and using the Services, You understand and agree that:
(a) Your location can be identified using a variety of technologies available to Inhero and its service providers. For example, Global Positioning System (GPS), cellular tower triangulation or the underlying connection to the internet through Your Wi-Fi;
(b) Inhero may record, collect and use Your location or geolocation information in accordance with its Privacy Policy;
(c) Your location information may be shared with other Users where you have provided your consent;
(d) where background location settings are enabled on Your device, Inhero may record the location of Your device even when You are not actively interacting with the App or the Services;
(e) the Services are intended for individual use only; and
(f) the Services must not be relied upon in any emergency situation or in any hazardous environment where the failure or inaccuracy of location-based data could result in injury, property damage, disability, impairment or death.
(a) commit or encourage a criminal offence;
(b) undertake any fraudulent, abusive or illegal activity;
(c) propagate or distribute any virus, trojan, worm, logic bomb or any other material or program which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(d) violate or attempt to violate the security of the Services;
(e) gain unauthorised access to any part of the Services, Inhero’s systems, or the systems of other Users;
(f) corrupt data or jeopardise the integrity of the data resulting in a data breach;
(g) cause annoyance to other Users;
(h) infringe upon the rights of any other person's proprietary rights;
(i) collect any personal information on other individuals or upload personal information of other individuals, including their names, address, phone number or any additional identifying information without that person’s consent;
(j) send any unsolicited advertising or promotional material, commonly referred to as "spam";
(k) attempt to affect the performance or functionality of any computer facilities of or accessed through the Services;
(l) manipulate, reproduce, distribute or re-transmit any of the Website or App content and material in any material form by any medium of communication;
(m) deliberately attempt to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system, website or the App; or
(n) “frame” any of the material on or within the Services with other material on any other website or application we make available to You.
3.10 The conduct described in clause 3.9 is unlawful in any jurisdiction and is expressly prohibited by these Terms. Inhero reserves the right to report any suspicion of a User’s breach of the above provisions to the relevant law enforcement authorities and disclose to them the perpetrating User’s identity and suspicion of illegal, offensive, indecent or abusive acts or omissions.
3.11 You must not modify, disassemble, decompile or reverse engineer the Services or any technology made available in connection with the Services, except to the extent that such restriction is expressly prohibited by law without the possibility of contractual waiver.
3.12 The restriction on the modification, disassembly, decompilation or reverse engineering of our Services is subject to Your rights under Part III Div 4A (“Acts not constituting infringement of copyright in computer programs”) of the Copyright Act 1968 (Cth).
3.13 We will not be liable for any Loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your electronic device and equipment, computer equipment, computer programs, data or other proprietary material due to Your access or use of the Services or to Your downloading of any material and content posted on it, or on any Linked Services.
3.14 Your access or use of the Services is permitted on a temporary basis only. We reserve the absolute right to withdraw, restrict or amend the Services as and when we deem it appropriate to do so and with or without notice to You at our election.
3.15 We may terminate, restrict or disturb access or use of the Services at any time without giving Users any explanation or justification for such acts. Accordingly, we have no liability for any costs, Losses or damages of any kind arising out of or as a consequence of exercising our right to terminate, restrict or disturb access or use of the Services for any User.
4 Orders and Payment
4.1 From time to time, Inhero may offer goods or services for purchase via the Website, or through the App Store, Google Play Store, carrier billing or other payment platforms authorised by Inhero (“In-App Purchases”). Where You elect to make an In-App Purchase, You will be prompted to confirm the transaction via the applicable payment provider. Upon confirmation, Your nominated payment method (including, without limitation, any credit or debit card, or Third Party account such as the App Store or Google Play account) (“Payment Method”) will be charged the amount displayed for the Order, together with any applicable sales taxes or similar charges. You authorise Inhero, or the applicable Third Party payment provider, to process such charges using Your Payment Method.
4.2 The price of any In-App Purchases, including without limitation any of the Services will be listed on the Website or App, and may be updated by Inhero from time to time. Your continued use of the Services constitutes Your acceptance and agreement to pay the listed price for any Service You use or goods you Order.
4.3 Before you place an Order, you must adhere to all instructions provided on the Website regarding how you can make or amend an Order. Unless otherwise agreed by us, Orders cannot be changed or varied once made.
4.4 Unless otherwise agreed or stated, all amounts payable are expressed on the Website as inclusive of Goods and Services Tax (“GST”) and are in Australian Dollars (“AUD”).
4.5 You acknowledge and agree that it is your own risk if international fees or charges or currency conversion fees come as a result of making any payment. We are not responsible for any international fees, charges or currency conversion fees. You indemnify us of such fees and expenses if incurred.
4.6 Payment for goods is required when you place an Order in full and by the Payment Methods accepted on the Website or App. All financial transactions processed on the Website will be facilitated by Third Party provider Stripe or other provider chosen from time to time by Inhero.
4.7 When you place an Order, you will receive an acknowledgement email confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us will not be formed until we receive payment from You and have sent You confirmation by email that the goods which You ordered have been dispatched to You. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
4.8 Upon receiving your Order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase, and Your payment will be held in escrow until the goods subject of Your Order have been shipped. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit must be used as consideration for the value of goods You have purchased as listed in the confirmation email.
4.9 We are not responsible for the decisions of any payment provider as to whether they allow you to use their service. We do not provide any warranties or assurances about any payment provider. If a particular service is not available to you, then you should use another valid payment method to complete the payment of the Order.
4.10 If You make a payment to Inhero and You are located or reside in a country in which Inhero is not currently active or available to access, then You may be eligible for a refund of all or part of the amount paid by You and received by us provided that You notify Inhero within thirty (30) Days from the date that You made the payment to request a refund and have provided satisfactory evidence of Your current locality and residential address for verification purposes. You understand that Your User Account may then be cancelled and terminated.
5 Pricing, Description and Availability
5.1 All data and information about any goods, livestock and genetic material available for Order on the Website or the App is sourced from Third Party industry providers and sellers (“Vendors”). You agree and acknowledge the accuracy of this data and information, and the availability of any product is the responsibility of the Third Party Vendor listing the product, and Inhero is not responsible nor liable for any misrepresentation of any listing on the Website. Where backend API connections are available with Third Party industry providers, Inhero will provide the date of most recent update where possible.
6 Shipping and Delivery
6.1 Inhero is not responsible for the shipping or freight of any goods the subject of any Order.
6.2 Once You have submitted your Order, the relevant Vendor and Third Party Shipper’s dispatch facility will be notified of your Order and prepare it for shipping. You agree:
(a) the Shipper will invoice You directly for shipping and handling costs; and
(b) You will pay the Shipper’s invoice.
6.3 To the extent permitted by law, Inhero, and any Vendor, is not to be liable for, and we accept no responsibility for, any Loss or damage to your Order, its packaging or as otherwise incurred by any person whether during dispatch, shipment, delivery or once your Order has been delivered. We have no control over any Third Party Shipper or dispatch facility. We are not liable or responsible for delays where the delay is outside of our reasonable control or foresight, including (but not limited to) any delay caused by an incorrect delivery address being provided to us.
6.4 Any non-delivery of goods for an Order must be reported to us as soon as possible.
6.5 Title in the goods does not pass to You until payment of your Order and the Third Party Shipper’s invoice has been received. The risk of Loss or damage to the goods passes to You upon dispatch of Your goods.
6.6 We are not liable for any Order delivered to an incorrect address, left unattended at the delivery address, indicated as having been delivered to the address with the Order lost or damaged, or as otherwise mishandled by our carrier. You agree to accept full risk for Your Order and its delivery upon dispatch.
6.7 We or any Shipper may provide You with a feature or function that allows you to track Your Order and its delivery to your shipping address. However, we are under no obligation to provide this tracking service. If we do, this will be told or shown to You on our Website or emailed to You. Unless otherwise advised by us, the tracking feature or function is only available for Orders being delivered within Australia.
6.8 All customs duties, import fees or taxes and other similar taxes, including GST where applicable, are your responsibility and may be imposed on your purchase or importation of the goods.
6.9 If international shipping is offered, and unless requested otherwise by you before placing an Order, all standard international Orders will be sent by a Third Party carrier without insurance, unless You expressly order insurance from the Shipper.
6.10 Purchasers and Vendors agree to comply with all laws and regulations regarding the domestic and international sale, purchase and shipping of goods, including paying any applicable taxes, tariffs, excise duties or other fees or charges. Inhero expressly disclaims all liability for any Orders and goods that do not comply with any domestic or international laws or regulations.
6.11 If international shipping is offered to you, the application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this these Terms (under any law relevant to these Terms) is excluded.
7 Linked Services & Service Providers
7.1 The Services may contain links, connections or redirections to websites, platforms or applications which are owned and operated by Third Parties and which are not under Inhero’s control, including without limitation Third Party Shippers and Vendors (“Linked Services”). These are provided out of convenience to You, and their existence does not imply any recommendation or endorsement by Inhero of the contents of the Linked Services or their owner.
7.2 Inhero is not responsible for the content or material contained on Linked Sites and Your actions or omissions associated with the Linked Services. Accordingly, You access the Linked Services at Your own risk.
7.3 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material or information contained on Linked Services are provided to You without any guarantees, representations, conditions or warranties, expressed or implied as to its accuracy, legality or correctness.
7.4 Inhero may make the Services available for others to publish information without assuming a duty of care to Users. Inhero is not in the business of providing professional, personal or financial advice and gives no warranty, guarantee or representation, express or implied, about the accuracy, reliability or timeliness or otherwise, of the information contained on the Services or Linked Sites. You agree to undertake your own due diligence and obtain advice from a qualified professional.
7.5 By using, and continuing to use, the Services, You authorise Inhero and its service providers (“Service Providers”) to access Third Party websites designated by You, on Your behalf, to retrieve information requested by You in order to facilitate the provision of Services by Inhero. For that sole purpose only, You hereby appoint Inhero and each Service Provider as Your agent, with the full power of substitution and resubstitution, to access Third Party websites, servers or documents, retrieve information, and use Your information, all as described in this clause, with the full authority to do and perform anything necessary to be done in connection with such activities, as fully to all intents and purposes as You may or could do in person. You acknowledge and agree that when Inhero or a Service Provider accesses and retrieves information from Third Party websites, Inhero and any Service Provider are acting as Your agent. You agree that Third Party account providers are entitled to rely on the foregoing authorisation and agency granted by You solely for the purpose set out in this clause.
8 Refund and Exchange Policy
8.1 You acknowledge that live genetic materials and goods are inherently fragile, and agree that Inhero nor any Vendor is under no obligation to make any refund of any payments made by You unless required by law.
8.2 You must inspect the goods immediately upon their arrival. Inhero expressly disclaims all liability for any defective or damaged goods. If any goods are defective or damaged, and if You paid for insurance with any Third Party Shipper, You must report this to the relevant Third Party Shipper and not Inhero.
8.3 Please choose carefully. We do not offer refunds if you change your mind or make the wrong decision. However, if the goods are subject to consumer guarantees imposed under the Australian Consumer Law and where consumer guarantees apply, we rely upon clause 11.
9.1 Vendors must create a User Account to list items for Sale in a Listing on the Website or App.
9.2 By creating a User Account and posting a Listing, Vendors agree to comply with these Terms and any other instructions provided by Inhero.
9.3 Vendors agree they are solely responsible for the content of any Listing, and the goods the subject of any Listing to the point of dispatch by a Shipper.
9.4 Vendors further agree:
(a) any Listing may be publicly viewable on the Website or App;
(b) a Listing may not be immediately searchable by Users and Inhero cannot guarantee the visibility or placement of any Listing for any exact duration of time;
(c) a Listing may be displayed or placed in varying hierarchy or search results depending on a User’s search terms, the Listing contents and any User reviews or ratings; and
(d) any Listing that violates these Terms or further instructions of Inhero may be immediately removed, or modified so that it does comply, in Inhero’s discretion.
9.5 Inhero may provide, but is not obliged to provide, assistance to Vendors for the posting of any Listing.
9.6 Vendors must ensure every Listing contains at least the following information:
(a) a clear and accurate description of the relevant goods;
(b) the Vendor’s legal name and any relevant Vendor company or business identifier;
(c) any other information reasonably required to inform Users of the items being purchased including to comply with any laws of Australia;
(d) the total price of the goods (the “Inhero Sale Price”); and
(e) the storage location and facility for the relevant Vendor’s product.
9.7 Vendors must take reasonable steps to ensure sufficient product remains in stock either with the Vendor or the Vendor’s nominated storage facility, to fulfill any Order the subject of a Listing.
10 Vendor Sales
10.1 Vendors agree that Users may place Orders for Vendor goods, but Inhero provides no guarantee that any Order will ever be placed for any particular Vendor’s goods.
10.2 When a Purchaser places an Order, Inhero will send an automated notification of the Order to the Vendor’s storage facility. The Vendor’s storage facility must within 2 days check sufficient stock levels to fulfill the Order, and if Inhero is advised there is sufficient stock to proceed, the Vendor will receive a notification from Inhero of the Order. The Vendor must within 2 days of receiving the notification accept or reject the Order. Once the Vendor accepts the Order, the Vendor’s storage facility will receive an automated notification from Inhero of the confirmed Order and the Shipper and dispatch facility will proceed to pack and send the Order items.
10.3 Inhero will pay Vendors the Inhero Sale Price less the Inhero commission (the “Vendor Sale Price”) within fourteen (14) days of sale confirmation. Vendors acknowledge and agree that Inhero will deduct its commission fee from the Inhero Sale Price prior to remitting the Vendor Sale Price to the Vendor.
10.4 Vendors acknowledge and agree that:
(a) the Vendor Sale Price cannot be modified after any Sale, and the Vendor Sale Price as agreed to by the Purchaser will be the total price payable to the Vendor;
(b) Vendors are responsible for their own tax liabilities and will seek independent tax advice, acknowledging that Inhero is not liable for any taxes payable by Vendors in relation to any Sale;
(c) if Inhero is obliged to collect tax on any Order, the Inhero Sale Price may include an additional amount to cover any relevant tax, and Inhero is not obliged to report any tax collected to Vendors although this will be evident on any Sale documentation;
10.5 Inhero will not provide any refund to Purchasers for any defective or damaged goods the subject of a Sale. Vendors must provide clear and accurate bank account or other Payment Method information in order to receive payment from Inhero of the Vendor Sale Price. Inhero is not liable or responsible for any underpayment caused by a Vendor’s provision of incorrect payment details.
11.1 If any goods or services supplied under this Agreement are supplied to a User as a “consumer” of goods or services within the meaning of that term in the Australian Consumer Law (as amended) or relevant state legislation, the User will have the benefit of certain non-excludable rights and remedies in respect of the goods or services. Nothing in these Terms excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. To the extent that the Australian Consumer Law and similar provisions of relevant state legislation applies, then this Agreement must be read subject to those statutory provisions and, to the extent entitled to do so, Inhero limits its liability to such provisions for any goods to the replacement, repair or refund of the cost of goods, or for services, to the re-supply or the payment of the cost of having the services supplied again.
11.2 In all other respects, our total liability for Loss or damage of every kind, whether:
(a) arising pursuant to these Terms; or
(b) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to a total aggregate amount equivalent to the sum paid by you to Inhero for the goods. You agree no compensation or refund will be provided to you by any Third Party shipping provider or dispatch facility.
11.3 Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, we do not accept liability to you in respect of any indirect or special Loss or damage which may be suffered or incurred by you in respect of goods or Services supplied pursuant to these Terms.
11.4 To the full extent permitted by law, and subject to the Australian Consumer Laws which applies, and except where the relevant liability arises from our unlawful actions, neither Inhero nor its officers, employees, contractors or agents, affiliates, related body corporates or subsidiaries, nor any other party involved in creating, producing or delivering Services, accepts any liability for the accuracy, timeliness or completeness of the information contained on the Services or any responsibility for any errors or omissions in the content on the Services or as otherwise published or displayed by Inhero by other means.
11.5 We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or preventive measures, including forces of nature, natural disasters, acts of terrorism, failure of any telecommunications or computer system, riots, lock-out, revolution, civil commotion, epidemic, pandemic, accident, industrial action, and action or inaction by a government agency, or by any damage caused by any of such events.
11.6 We have no liability to the extent that the goods' failure is attributable to any act or omission on your part, including, without limitation, any act or omission of misuse or use not as per instructions.
11.7 To the maximum extent permitted by law, all express or implied guarantees, warranties, representations, or other terms and conditions or which could otherwise be implied into these Terms are excluded, including the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any Linked Sites and the merchantability or fitness for any particular purpose for any Service or good contained or referred to on the Website or any Linked Sites.
11.8 To the maximum extent permitted by law, we will not be held liable for, and no measure of damages will, under any circumstance, include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss, or data corruption, whether in contract, tort, negligence, in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
11.9 You agree to indemnify, defend and hold harmless Inhero, its directors, officers, employees, consultants, agents, and affiliates, from and against any and all Third Party Claims, liability, actions, proceedings, damages, Loss, expenses and costs (including, without limitation, legal fees on an indemnity basis) and penalties incurred or suffered by any of them arising out of or in connection with You access and use (or misuse) of the Services, any Order, or the Inhero Content, Your reliance on any of the Inhero Content, from Your material breach this Agreement (including, without limitation, breaches of warranty, obligation and representation), and any act of fraud or wilful misconduct by You or on Your behalf, and to abandon forever and discharge any present or future Claim, right or remedy against us.
11.10 Inhero excludes, to the full extent permitted by law and subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law, equity or otherwise), except as expressly set out in this Agreement. Additionally, Inhero does not warrant, guarantee or make any representation that:
(a) any goods You Order are suitable for Your purposes or will result in any profit to You;
(b) the Services (or the server that makes the Services available) will be secure and free of software viruses, malware or other harmful componentry;
(c) the functions and features of the Services will operate continuously, uninterrupted or are error-free;
(d) the information, data and features of the Services will be accurate, correct, complete and represent ‘live’ or current information and data; and
(e) any errors and defects in the Services will be promptly corrected or rectified.
11.11 To the full extent permitted by law, and subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law and except where the relevant liability arises from our unlawful actions, Inhero excludes all liability to You whatsoever for any damages or Loss and any costs of any kind that You suffer arising out of Your access to, or use of, or inability to use or access Services or Inhero Content or otherwise in connection with or as a result of:
(a) errors or omissions contained on the Services or any Linked Services and in Inhero Content, whether or not Inhero is aware of such errors or omissions;
(b) delays, disruptions, interruptions or other difficulties accessing or using the Services or any Linked Services;
(c) performance or failures of the Services or any Linked Services;
(d) any defamatory, offensive or illegal conduct of any User of the Services or any Linked Services;
(e) Your use of, or reliance on, the Services (or any of the Inhero Content, Listings, Linked Services or the content of a Third Party) however caused (including, without limitation, damage or Loss arising in contract, tort (including, without limitation, negligence), statute or otherwise)); or
(f) the accuracy, timeliness, credibility, quality, utility or completeness of the information or data contained on the Services, Listings or in the Inhero Content,
irrespective of whether such damages were foreseeable or arose in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect Inhero’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
12 User Content
12.1 Inhero allows its Users to submit and upload User Content to the Services from time-to-time.
12.2 You are solely responsible for the User Content that submitted or uploaded to the Services and the reliance on or use of User Content of other Users and Third Parties, including all legal or other consequences of uploading, publishing, and disseminating the User Content.
12.4 You agree that Inhero is not responsible or liable for:
(a) any User Content provided by its Users, including any matters in connection with or arising from User Content and Listings; and
(b) monitoring, verifying or confirming the accuracy, truthfulness or factual nature of any User Content or Listing; and
(c) monitoring, managing and removing any User Content that is, or may be deemed as being, inaccurate, fictitious, derogatory, or offensive.
12.5 Where Inhero elects, in its sole discretion, to accept and publish any User Content, Inhero does not assume any responsibility for the accuracy, legality, completeness or reliability of that User Content or Listing. Inhero is under no obligation to monitor, verify or take any action in respect of User Content or Listing that may be unverified, inaccurate, misleading, derogatory or offensive.
12.6 Inhero does not endorse, warrant or make any representation in relation to any User Content or any content provided by a Third Party.
12.7 Inhero may, for any reason and at any time, request that a User delete, edit, remove or otherwise amend their User Content. Inhero reserves the right, in its sole discretion, to remove, modify or edit any User Content without notice, without the need for consent, and for any reason.
12.8 You must not reuse, modify, distribute, share or otherwise deal with the User Content of any other Users or a Third Party without their prior consent. You acknowledge that User Content is owned by the User who created it and that such content is subject to the terms of the licence granted by that User to Inhero in respect of their User Content.
13 User Safety and Warranty
13.1 Users agree that they are responsible for:
(a) their use of the Services; and
(b) the actions of other Users of the Services who the User may communicate or exchange information with; and
(c) all activities and the legal consequences of those activities while using the Services.
13.2 Users who use the Services to offer their goods and services to other Users:
(b) agree to hold Inhero harmless from and indemnify Inhero against all Claims, Loss or liabilities that may arise from their use of the Services in connection with any action or inaction that is inconsistent with the warranty provided pursuant to clause 13.2(a).
13.3 Inhero reserves the right to report any suspicion of illegal, offensive, indecent or abusive activity to the police or relevant authorities.
14 User Content Licence
14.1 You retain the ownership rights in Your User Content. You agree to irrevocably waive (and cause to be waived) any Claims and assertions of moral rights or attribution with respect to Your User Content.
14.3 You grant Inhero, in connection with any Sale, transfer or other dealing concerning Inhero or any assets (or any portion of any assets) of Inhero or the Services, the right to sell, transfer or assign the User Content to a Third Party or related corporation without notice to You and without Your consent for the purposes of the continuation of the Services.
14.4 Inhero will treat feedback and suggestions that You supply as non-confidential and non-proprietary in nature. You understand and agree that any feedback and suggestions You provide are provided without any obligation for Inhero to compensate You in any way.
14.5 If You provide Inhero with any feedback and suggestions, then You agree to automatically assign all existing and future rights and intellectual property rights that subsist in the feedback and suggestions to Inhero upon their creation. You acknowledge and accept that all rights subsisting in Your feedback and suggestions will be assigned to and owned by Inhero, who will hold the right to use and exploit Your feedback and suggestions in any way. You agree to do all things necessary and sign all documents as required and acceptable by Inhero to give effect to this assignment.
User Account
14.6 You acknowledge and agree that access to certain features of the Services may require registration of a User Account with Inhero.
14.7 A User is responsible for providing accurate, complete and current information to Inhero in connection with the creation and maintenance of their User Account, and must ensure that such information remains accurate and up to date for the duration of their access to and use of the Services.
14.9 Each Authorised User nominated under a Group Account must:
(a) create their own individual User Account linked to the Group Account;
(b) comply with these Terms and any directions issued by Inhero; and
(c) use the Services solely for the purposes of representing and managing the Group Account.
14.10 Except where clause 14.8 applies, a User Account is unique to the individual User and must not be shared, transferred, sold or used by any other person. A User must not access or attempt to access the User Account of another User or any third party. A User must not offer to purchase or sell any User Account.
14.11 You are responsible for:
(a) the confidentiality of Your User Account;
(b) the login information and passwords of Your User Account; and
(c) all activity and use of Your User Account, including by any third parties and whether or not with Your consent or authorised by You.
14.12 You agree to immediately notify Inhero if You become aware of any unauthorised activity, use or breach of security concerning Your User Account.
14.13 Inhero is not liable for any Loss or liability due to a person accessing or using, with or without Your knowledge, authorisation or consent, the Services, Your User Account, including Your personal and login information.
14.14 You agree to hold Inhero harmless from and indemnify Inhero against all Claims, Loss or liabilities that may arise from a person or Third Party’s access or use of the Services, Your User Account and Your personal information, whether with or without Your knowledge, authorisation or consent.
14.15 You understand that Inhero may not back-up or store a copy of the User Account or the User Content. Inhero is not required or under any obligation to retain or keep a copy of a User’s Account, User Content, and any data or information supplied during the provision of the Services. You accept that it is Your full responsibility to back-up and safely store all User Account and User Content data and any data or information that You acquire, exchange, upload, submit or access during Your access and use of the Services.
14.16 You agree and acknowledge that Inhero may use Your personal information to send You messages containing important information about Your User Account and requested notification preferences chosen within the Services. These messages are an important part of the Services and Your access and use of the App with which will be sent to You as long as you hold a User Account with Inhero. You may request to opt-out of receiving these messages by updating Your notification preferences within the Services.
15 Term & Termination
15.1 Unless expressly stated, this Agreement will remain in full force and will continue to apply to You until it expires or is terminated by either You or Inhero with notice.
15.2 If You are in breach of these Terms, Inhero may, at its discretion and without limiting any other rights or remedies available to it, terminate this Agreement, and/or suspend or cancel Your access to the Services, whether temporarily or permanently. To the maximum extent permitted by law, Inhero will have no liability to You in connection with such termination, suspension or cancellation, and will not be required to refund any fees or amounts previously paid unless required by law.
15.3 You acknowledge and agree that the perpetual license granted by You to us in relation to Your User Content (including feedback and suggestions) is irrevocable in nature and will continue despite the expiry or termination of this Agreement.
15.4 The obligations to compensate for losses incurred by Inhero and its officers, employees and agents in this Agreement are continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement and are absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party that is obliged to provide the compensation.
15.5 Inhero reserves the right to modify, suspend, disable or discontinue the Services, or any part of the Services, either temporarily or permanently and at any time. While reasonable efforts will be made, where practicable, to provide prior notice of any such modification, suspension or discontinuation, You acknowledge and agree that advance notice may not always be possible.
16 Intellectual Property
16.1 Any unauthorised reproduction, modification, copying or use of the intellectual property rights appearing on or substituting within the Services may violate copyright, trade mark and other property rights or legal protections. It may result in criminal or civil penalties.
16.2 The Services and all software and content (including without limitation all text, graphics, icons, advertisements, photographic images, trade marks, specifications and design of goods or services and other information or rights contained or subsisting) made available to You on or through on the Services (other than the content of a Third Party), including and all intellectual property rights that subsist in the Services and all source code, software and content (including without limitation copyright, know-how, trade secrets, trade marks, patents, design rights, creative commons and all other forms of intellectual property existing in the world whether registered or unregistered) whether existing now or in the future and whether registered or unregistered (“Inhero Content”) are owned by Inhero or are licensed by a Third Party to Inhero. Such rights are protected by copyright laws, under treaties around the world and under common law principles. Inhero reserves all rights and the rights of its licensors and affiliated Third Parties. Nothing in this Agreement constitutes or implies a transfer, assignment or novation of any intellectual property rights owned or licensed by Inhero to You or any Third Party.
16.3 Inhero reserves all intellectual property rights and that of its relevant Third Party licensors, including, without limitation, all copyright in material, goods or the Services. Accordingly, You must not:
(a) do anything which breaches or otherwise interferes with Inhero’s intellectual property rights or the intellectual property rights of any of its Third Party licensors;
(b) distribute, reproduce, publish, copy, alter, modify or create derivative works from any of the Inhero Content or its trade or service marks without Inhero’s prior written permission or that of its relevant Third Party licensor, or exploit such contents for commercial benefit, including any part of the Services and its features, functions, software and code subsisting within the Services.
16.4 Inhero Content is supplied for personal use only of the Services and must not be:
(a) re-sold or re-distributed in any material form;
(b) stored in any storage media; or
(c) re-transmitted in any media
except and as permitted by these Terms.
16.5 Except where expressly stated to the contrary, all persons (including their names, information and images), all Third Party trade marks and content, services and/or locations featured on the Services are in no way associated, linked or affiliated with Inhero. You should not rely on the existence of such a connection or affiliation. Where a reference to a Third Party and its goods or services or where a Third Party trade mark or brand name is referred in the Services, it is used solely to describe or identify the goods and services of that Third Party and is in no way an assertion or representation that such goods or services are recommended or endorsed by or connected to the Services or Inhero. All Third Party trade marks and information contained on or in the Services are the property of their respective owners and their licensors.
16.6 Subject to this Agreement and all applicable laws and regulations, Inhero grants to You a non-exclusive, non-transferable, personal, limited and restricted licence to only download, access, view, use, and display the Inhero Content made available to You by Inhero from time to time on accordance with the Terms.
16.7 You agree that any improvements or enhancements to the Services, Inhero Content and intellectual property developed or created by You or by Inhero during the provision of, or in connection with, the Services will automatically vest with Inhero upon creation. They will be wholly owned by Inhero, regardless of how the improvement or enhancement is developed or is created.
16.8 You agree to sign and deliver any and all documentation required to give effect to clause 16.7 at Your cost and in the form acceptable to Inhero, including any Deed of Assignment of Intellectual Property if requested by Inhero.
16.9 All rights not expressly granted are reserved by Inhero.
17 Third Party Application Store Terms & Conditions Exclusion
17.1 Inhero may make the App available for download or access via various Third Party application stores or platforms from time to time, including (but not limited to) the Apple App Store, Google Play Store and Android Market. You acknowledge and agree that:
(a) the App may not be available on all Third Party application stores or platforms, and availability is subject to change;
(b) this Agreement is between the User and Inhero only, and not with any Third Party application store or platform;
(c) Third Party application stores or platforms may impose their own terms and conditions which You must read, understand and accept prior to downloading or accessing the App; and
(d) Your access to and use of the App is subject to Your ongoing compliance with the applicable terms, conditions and privacy policies of any third-party application store or platform.
17.2 Inhero will not be held liable in respect of any agreement or arrangement entered into between You and any Third Party application store or platform concerning access to or use of the Services or any other related matter.
18 End-User Licence Agreement
18.1 Inhero grants to the User a non-exclusive, worldwide, non-transferable and revocable licence to use the App for individual and non-commercial use on a compatible mobile electronic device owned, or leased, solely by the User subject to and in accordance with these Terms (the “EULA”).
18.2 The EULA granted under these Terms is not a sale of the Services or any copy thereof, and Inhero or its Third Party partners or suppliers retain all rights, titles, and interest in the Services (and any copy thereof). Any attempt by a User to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Inhero reserves all rights not expressly granted under these Terms.
18.3 Inhero retains all rights, title to and interest in the App. Inhero reserves all rights not expressly stated or granted under these Terms.
18.4 The User agrees to comply with all Australian and foreign laws relating to the App regarding this EULA.
18.5 The User must not:
(a) use the App for any purpose or in any manner other than as set out in clause 18.1;
(b) use the App in any way that could damage the reputation of Inhero or the goodwill or other rights associated with the App;
(c) permit any Third Party to use the App;
(d) permit any person to link to any page containing any part of the App (including via a hyperlink or RSS feed) without Inhero’s prior written consent;
(e) damage, destroy, disable, remove, bypass, circumvent or otherwise interfere with any security or confidential information of another User in respect of Inhero;
(f) except to the extent that applicable laws, including the Copyright Act 1968 (Cth), prevent Inhero restraining the User from doing so, the User must not:
(i) reproduce, copy, make error corrections to or otherwise modify or adapt the App, or create any derivative works based upon the App;
(ii) decompile, disassemble or otherwise reverse engineer the App or permit any Third Party to do so;
(iii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any Third Party or use the App to provide similar services for any Third Party;
(iv) sell, or cause to sell, the App (including any copies or reproductions), or this EULA; or
(v) modify or remove any copyright or proprietary notices on Inhero.
18.6 The User must ensure that the mobile electronic device on which the App is installed is compatible and in a good, up to date working order and operating condition before installation.
18.7 Inhero reserves the right to issue updated or upgraded versions of the App at any time and without notice. The updated or upgraded versions may automatically update on the User’s mobile electronic device. The User agrees and consents to:
(a) any automatic update or upgrade of the App on the User’s mobile electronic device; and
(b) these Terms apply to any and all such updates or upgrades of the App.
18.8 Inhero will not be held liable for any updates, upgrades, or modifications of the App, including any consequences of those updates, upgrades or modifications, and any failures (including any data or information loss).
19 Apple App Store Prescribed Terms
19.1 In the event that a User accesses and uses the App from the Apple App Store, then this clause 19 applies, but the various subclauses will only apply to the extent that another term within these Terms is less restrictive, or is in conflict with, the multiple subclauses (or part of) within this clause 19 which are required by Apple to be enforceable at all times. For clarity, if the body of these Terms provides for a more restrictive term, then what is provided under clause 19, then the Terms will prevail only to the extent of that specific term. If a term provided under clause 19 provides for a more restrictive and/or conflicting term within clause 19 over the broader Terms, then that specific term within Clause 19 will apply.
19.2 Acknowledgement: Inhero and the User acknowledges and agree that the EULA and these Terms are between Inhero and the User only, and not with Apple. Inhero is solely responsible for the App and the content thereof. The EULA may not provide for usage rules for the App that conflicts with the Apple App Store Terms of Service. Terms under the Apple Terms of Service will apply from the date the User acknowledges and agrees with the Apple App Store Terms of Service.
19.3 Scope of Licence: The license granted to the User for the App is limited to a non-transferable license to use the App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except to the extent that the App is accessed and used by the User through other accounts associated with the User via Apple’s Family Sharing or volume purchasing features and services offerings only.
19.4 Maintenance and Support: Inhero is solely responsible for providing maintenance and support services concerning the App, as specified in the EULA and these Terms, or as required under applicable law. Inhero and the User acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services concerning the App.
19.5 Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the App to the User; and to the maximum extent permitted by applicable law, Apple has no other obligation whatsoever with respect to the App, and any other Claims, Losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Inhero’s sole responsibility.
19.6 Product Claims: Inhero and the User acknowledges that Inhero, not Apple, is responsible for addressing any Claims of the User or any Third Party relating to the App or the User’s possession and/or use of the App, including, but not limited to:
(a) product liability Claims;
(b) any Claim that the App fails to conform to any applicable legal or regulatory requirement; and
(c) Claims arising under consumer protection, privacy, or similar legislation. The EULA does not limit Inhero’s liability to the User beyond what is permitted by applicable law.
19.7 Intellectual Property Rights: Inhero and the User acknowledges that, in the event of any Third Party Claim that Inhero or the User’s possession and use of the App infringes that Third Party’s intellectual property rights, Inhero and not Apple, is responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement Claim.
19.8 Legal Compliance: The User represents and warrants that:
(a) it is not located in a country that is subject to a United States of America Government embargo; or
(b) it is not located in a country that has been designated by the United States of America Government as a “terrorist supporting” country; and
(c) it is not listed on any United States of America Government list of prohibited or restricted parties.
19.9 Developer Name and Address: If the User has any questions, complaints or Claims with respect to the App, then the User is directed to contact Inhero by email or telephone at the contact details provided below.
19.10 Third Party Terms of Agreement: The User must comply with any applicable Third Party terms of agreement when using the App. For example, a User must not violate or breach their wireless data service agreement when accessing or using the App.
19.11 Third Party Beneficiary: Inhero and the User acknowledges and agrees that Apple, and Apple's subsidiaries, are Third Party beneficiaries of the EULA and these Terms, and that, upon the User’s acceptance of these Terms of the EULA and this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA and this Agreement against the User as a Third Party beneficiary thereof.
20.1 If a User accesses and uses the App from the Google Play Store (“Google”), then this clause 20 applies, but the various subclauses will only apply to the extent that another term within this Agreement is less restrictive, or is in conflict with, the multiple subclauses (or part of) within this clause 20 which are required by Google to be enforceable at all times. For clarity, if the body of these Terms provides for a more restrictive term, then what is provided under clause 20, then the Terms will prevail only to the extent of that specific term. If a term provided under clause 20 provides for a more restrictive and/or conflicting term within clause 20 over the broader Terms, then that specific term within clause 20 will apply.
20.2 Acknowledgement: Inhero and the User acknowledges and agree that the EULA and these Terms are between Inhero and the User only, and not with Google. Inhero is solely responsible for the App and the content thereof. The EULA may not provide for usage rules for the App that conflicts with the Google Play Store Terms of Service of which will apply from the date the User agrees and accepts the Google Play Store Terms of Service. Terms under the Google Play Store Terms of Service will apply from the date the User acknowledges and agrees with the Google Play Store Terms of Service.
20.3 Scope of License: The license granted to the User for the App is limited to a non-transferable license to use the App on any Google-branded Products that the User owns or controls and as permitted by the Usage Rules outlined in the Google Play Store Terms of Service, except to the extent that the App is accessed and used by the User through other accounts associated with the User.
20.4 Maintenance and Support: Inhero is solely responsible for providing maintenance and support services concerning the App, as specified in the EULA and these Terms, or as required under applicable law. Inhero and the User acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services concerning the App.
20.5 Warranty: Inhero is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, the User may notify Google, and Google will refund the purchase price for the App to the User; and to the maximum extent permitted by applicable law, Google has no other obligation whatsoever with respect to the App, and any other Claims, Losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Inhero’s sole responsibility.
20.6 Product Claims: Inhero and the User acknowledges that Inhero, not Google, is responsible for addressing any Claims of the User or any Third Party relating to the App or the User’s possession and/or use of the App, including, but not limited to:
(a) product liability Claims;
(b) any Claim that the App fails to conform to any applicable legal or regulatory requirement; and
(c) Claims arising under consumer protection, privacy, or similar legislation, including in connection with User's use of Google's product and services. The EULA does not limit Inhero’s liability to the User beyond what is permitted by applicable law.
20.7 Intellectual Property Rights: Inhero and the User acknowledges that, in the event of any Third Party Claim that Inhero or the User’s possession and use of the App infringes that Third Party’s intellectual property rights, Inhero and not Google, is responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement Claim.
21 Privacy
21.1 Inhero’s Privacy Policy sets out how we will use Your information. You can find the Privacy Policy on our Website. Any personal information collected through the Services, or otherwise, will be dealt with under the Privacy Policy.
21.2 Inhero will comply with the relevant privacy legislation concerning Your personal information. Please refer to the full Privacy Policy for details on how Inhero collects, uses and discloses Your personal information.
21.3 By accessing or using any part of the Services, You agree to the Privacy Policy and consent to the collection, retention, use, and sharing of Your information, including the transfer of Your personal information and other information and data about You from Your location and country of residence to Australia or other countries where the laws regarding Your privacy may not be the same.
21.4 There is no transmission method, whether over the internet, electronically, or through Third Party service providers, that is fully secure and safe. Inhero does not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet or through Third Party platforms and telecommunication services. All Users of the Services are highly encouraged to exercise reasonable care in accessing, storing and sending personal information via the internet or through Third Party platforms and telecommunication services.
21.5 Inhero cannot guarantee the security of Your personal information. We will inform you of any unauthorised access, use, disclosure or Loss of your personal information, either electronically, in writing or by telephone at our discretion (if required and permitted to do so by law).
21.6 If You are located or reside in the United Kingdom or European Union, then You and Inhero are under different laws in respect to a User's privacy than they would ordinarily be if You were located or reside solely within Australia.
21.7 A User agrees and accepts that Inhero will deal with their information in accordance with these Terms irrespective of that User’s locality or residential address.
22 General
22.1 You must only use the Services in accordance with these Terms and any applicable law.
22.2 Entire agreement: Unless expressly stated by Inhero, these Terms are only provided in the English language and constitute the entire agreement between the parties and supersede any preceding and contemporaneous agreements between You and Inhero or any prior Terms governing Your use of the Services. The word “including” means “including without limitation”.
22.3 Invalidity: If any part of these Terms is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms, and the severed part will not affect the validity and enforceability of any remaining provisions. Alternatively, You agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
22.4 Variation: We have the right, in our absolute discretion at any time and without notice to you, to amend, remove or vary these Terms or any page of our Website or our App.
22.5 Waiver: Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Without limiting the preceding, if you breach these Terms and we take no action, we will still be entitled to use or exercise our rights and remedies in any other situation where you breach these Terms.
22.6 Assignment & Change of Control: You may not assign or delegate or otherwise deal with all or any of Your rights or obligations under these Terms. We are entitled to and may, from time-to-time in our discretion, do any of the following without restriction:
(a) assign, delegate, transfer, licence, sublicence, sub-contract, sub-let, novate this Agreement, or any part of these Terms, or assets under this Agreement (including any Intellectual Property) or any obligations or rights under these Terms; or
(b) sell all, or part of, itself, or its assets (including any intellectual property or rights); or
(c) change, or vary, in any way our legal or corporate structure and/or the legal or beneficial ownership of the shares,
(d) without notice or You prior agreement and for any purpose that we deem necessary, or that we require or for the sake of convenience, and without any reason.
22.7 Notices: Unless otherwise stated within these Terms, a notice or other communication connected with these Terms has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent to You by us using Your last notified email address or by posting such notices on our Website or App, or by You to us at our registered office. You consent to receive any and all advice, documents, information, or other communications from Inhero electronically through the Services or by email, via text message or otherwise over the internet or mobile network.
22.8 Headings & Titles: The headings and titles used throughout these Terms are for convenience and do not form part of this Agreement or otherwise limit or affect any of these Terms and their interpretation.
22.9 References to Legislation: A reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.
22.10 Advertisement: Inhero may, from time-to-time, display any advertisements, sponsorship, promotional material and other information on or within the Services at its discretion.
22.11 Force Majeure: You agree that Inhero will have no liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of the Agreement which result from circumstances beyond its reasonable control, such as technological disruption. If such circumstances continue for a continuous period of more than six (6) months, then You may elect to terminate the Agreement by written notice to Inhero.
22.12 Agency & Relationship with Inhero: You acknowledge and agree that by accessing and using the Services, no legal partnership or agency relationship is created between the parties unless expressly stated in these Terms. You agree not to represent otherwise to any party.
22.13 Governing Law: These Terms will be governed by and interpreted in accordance with the laws of Queensland Australia, without giving effect to any principles of conflicts of laws. The parties agree to the exclusive jurisdiction of the courts of Queensland Australia to determine any dispute arising out of these Terms and waive, without limitation, any Claim or objection based on the absence of jurisdiction or inconvenient forum.
22.14 Survival: All sections in this Agreement will survive any termination of this Agreement or any termination of Your use of or subscription to the Services:
22.15 Complaints: You may contact us at any time if You have any questions or concerns about our Terms. You may make a complaint to us using the contact details set out below.
22.16 Dispute Resolution: Any dispute or difference whatsoever arising out of or in connection with these Terms shall be submitted to mediation in accordance with, and subject to, Resolution Institute Mediation Rules. If the dispute or difference is not settled within 30 Days of referral to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules. Notwithstanding the existence of a dispute or difference each party shall continue to perform their obligations under these Terms. Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.
23 Contact Information
23.1 If You have any questions or concerns or if You experience any issues with our Services, we encourage You to contact us to resolve Your enquiries by contacting Us via the Website Contact Page.