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Terms of Service

EverKard Pty Ltd (ACN 612 913 532) (“Everkard” “our,” “we,” or “us”) provides live digital card exchange services to users around the world. Please read these Terms of Service which includes all of the terms and policies below (“Terms”) so that you understand the use and workings of our apps. You agree to our Terms by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). 

NO ACCESS TO EMERGENCY SERVICES: There are important differences between our apps and your mobile and fixed-line telephone and SMS services. Our Services do not provide messaging or internet calling. Our apps use the services provided by your selected provider and other apps that you have installed on your mobile phone.

About Our Services

Registration

You must register for our Services using accurate data, including your current mobile phone number, and, if you change it, you need to update this mobile phone number using the app.

Contacts Information

You may provide us the phone numbers of other app users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such information in order to allow us to provide our Services.

Age

You must be at least 13 years old to use our Services (or such greater age as may be required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software

You require certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes

You are responsible for all carrier data plan costs and other fees and taxes associated with your use of our Services. We may charge you for our Services, including any applicable taxes. We may refuse or cancel any orders. We do not provide refunds for our Services, except as required by law.

Acceptable use of our services

Our Terms 

You must use our Services according to our Terms. If we disable your account for a violation of our Terms, you will not be authorised to create another account without our permission.

Legal and Acceptable Use

You must only access and use our Services for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of EverKard, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or unauthorised communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorised by us.

Harm to Everkard or Our Users

You must not (nor assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in any unauthorized manner, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure

You are responsible for keeping your device and your Everkard account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party social media link services (such as Instagram or Facebook) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your EverKard contacts. Please note that when you use third-party services, their own terms conditions and privacy policies will govern your use of those services.

Licenses

Your Rights

EverKard does not claim ownership of the information that you submit for your EverKard account or through our Services. You must have the necessary rights to such information that you submit for your EverKard account or through our Services and the right to grant the rights and licenses in our Terms.

EverKard’s Rights

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with any brand guidelines.

Your License to EverKard. 

In order to operate and provide our Services, you grant EverKard a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services, such as to allow us to display your profile picture, your public profile, links, business location on our servers as described in our Terms.

EverKard’s License to You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement

To report claims of third-party copyright, trademark, or other intellectual property infringement, please follow the instructions in our Terms. We may terminate your EverKard account if you repeatedly infringe the intellectual property rights of others.