XHUMA PRIVACY POLICY
The XHUMA application software (referred to as App) is developed, owned or operated by The Vumus Investments Proprietary Limited and will be referred to as “We”, “our” and “us” in this Privacy Policy. By using this App or any materials provided by us, you agree to this Privacy Policy. The Privacy Policy relates to the collection and use of personal information you may supply to us through your conduct on the App.
We reserve the right, at our discretion, to modify or remove portions of this Privacy Policy at any time. This Privacy Policy is in addition to any other terms and conditions applicable to the App. We do not make any representations about third party websites that may be linked to the App.
We recognise the importance of protecting the privacy of information collected about visitors to our App, in particular information that is capable of identifying an individual (“personal information”). This Privacy Policy governs the manner in which your personal information, obtained through the App, will be dealt with. This Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.
Personal Information
1. Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
2. Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Privacy Policy or at the time of collection. Copies of correspondence sent from the App, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.
3. We may use information collected for the purpose of conducting surveys, research, testing features in development, and analysing the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
Collecting Information on Registered Users
4. As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
5. Registration
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, options on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
Credit Card Details
6. If relevant, Credit Card details are only stored for the processing of payment and will be deleted once payment is processed. Credit cards details stored on third party websites (such as Paypal or Stripe) are not managed by us.
Disclosure
7. Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
8. We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
9. We reserve the right to use your personal data for marketing purposes by us.
10. De-identified personal data will be shared with relevant Schools, teachers and government bodies regulating education.
11. Wherein you agree, we may provide specific personal data to Schools, teachers and government bodies regulating education including results and performance data.
Security
12. We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
13. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
14. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information from Users
15. IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
16. Cookies, Track Pixels, and Applets
We use cookies, track pixels, and applets to provide you with a better experience. These cookies, track pixels, or applets allow us to increase your security by storing your session ID and are a way of monitoring single user access.
This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
Access to Information
17. We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
18. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
19. We provide links to websites outside of our App, as well as to third party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that App and its privacy statement.
Problems or questions
20. If we become aware of any ongoing concerns or problems with our App, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us.
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s App; http://www.privacy.gov.au/
XHUMA TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Vumus Investments Proprietary Limited. Your access to and use of this XhumaTM software application (“App”) and associated website or web apps, including but not limited to accessing, and posting information on this App, is subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the App following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our App you read these terms and conditions.
Registered Users
1. In order to access the services provided on this App, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our App.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our App Services
5. Our services are provided to adults over the age of sixteen (16) years. By using our app, you acknowledge that you are over 16 years of age.
Activity and Event Postings
6. Any registered users may post any kind of information on our database including information of an activity and event, and users may access these information. Register users may also send out invites to others for an activity or event. While we endeavour to keep the posted information as accurately as possible on our App, however we do not warrant that the information is accurate. Where we become aware of any misrepresentation or inaccurate information, we reserve the right to remove the information, correct any error or omission, and suspend the user who post inaccurate information.
7. When you participate any activity or event posted on our App, you acknowledge the risk in participating the activity and the event. You assume responsibility for your own safety and
8. We do not guarantee that any image posted by a user or a third party is accurate.
9. You will be responsible for your data, content, reviews and information. We are not providing any backup or data archiving service, and we will delete the data, information, and posting on our database regularly.
10. We reserve the right to remove any post, data, information which you have uploaded to our system at any time at our own discretion. We also reserve the right to suspend or remove your account at any time at our own discretion.
Access
11. When you visit our App, we give you a limited licence to access and use our information for personal use.
12. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this App without our prior written permission.
13. The licence to access and use the information on our App does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our App without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our App.
Hyperlinks
14. This App may from time to time contain hyperlinks to other Apps. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked App. Any hyperlink on our App to another App does not imply our endorsement, support, or sponsorship of the operator of that App nor of the information and/or products which they provide.
15. You may link our App with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our App’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
16. The copyright to all content on this App including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
17. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this App are either owned by us or we have a licence to use them. Your access to our App does not license you to use those marks in any commercial way without our prior written permission.
18. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this App becomes our property. If in future we use your Comments in promoting our App or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
19. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
20. Whilst we have taken all due care in providing the information on our App, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
21. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
22. We also take all due care in ensuring that our App is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our App or any linked App.
23. From time to time we may host third party content on our App such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
24. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
25. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.
26. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
(ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
27. These Terms and Conditions are between you and us, and not Apple, Inc. or Google Inc (jointly and separately referred to as “Marketplaces”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Marketplaces has the right to enforce this Agreement against you. Apple, Inc. or Google Inc are not responsible for the App and its content.
28. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
(iv) We do not participate in any way in the transactions between our users.
Indemnity
29. By accessing our App, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use or misuse of our App.
30. We do not provide background checks or character checks on users of the App and we are not responsible for actions of other users using the App.
Waiver
31. By downloading, accessing, or using the App, you agree, to the full extend permit by law, to waive the right to claim against us, including our directors, officers, employees, representatives, or agents, for any direct or indirect loss, injury or damages, howsoever caused.
32. By participating any activity or event posted on our App, you fully understand the risks and dangers associated with you participation in the activity and the event, and accept same entirely at your own risk. You hereby, to the full extend permit by law, waive any and all claims which you may have against us, including our directors, officers, employees, representatives, or agents, and release us, including our directors, officers, employees, representatives, or agents, from all liability for injury, death, property damage or any other loss sustained by me as a result of my participation in any activity or event due to any cause whatsoever; including negligence, breach of contract, or breach of any statutory or other duty of care by us including our directors, officers, employees, representatives, or agents.
Force Majeure
33. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
34. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
35. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
36. We undertake to take all due care with any information which you may provide to us when accessing our App. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
37. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.