Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or yearly basis. For example when you activate your base awe app or add a product to your awe account you can be charged a setup fee then a recurring fee each month or year thereafter.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Edafait.com with accurate and complete billing information including full name, address, state, zip or postal code, country and a valid payment method information. By submitting such payment information, you automatically authorize Edafait.com to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Edafait.comwill issue an electronic invoice indicating that you must pay the outstanding fees, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. You will be required to update your payment details via the Service. Once payment details are updated, the outstanding amount will be processed. Should the outstanding payment not be processed by the deadline date, Edafait.com may suspend your access to the Service.
Fee Changes
Edafait.com in its sole discretion and at any time, may modify the Subscription fees for any Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Where a new Subscription product or service is added to your account you will be charged a pro-rated amount for the amended services at your next billing anniversary. Where you add or amend a product to your service that is not a recurring Subscription service you will be charged when you add or amend that product.
Edafait.com will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Product modified (Update)
Your continued use of the Service after the Product change comes into effect constitutes your agreement to use and pay for the modified Product.
Refunds
Except when required by law, paid Subscription fees are non-refundable.Edafait.com in its sole discretion may issue a refund where it is not required by law, however reserves the right to charge a processing fee for this.
Customization and branding
The Service provides products that enable various elements to be customized to replace default 'awe' branded elements. If awe branding is altered in any way that does not form part of the conditions of the custom branding products we have the right to terminate or suspend the associated Service or revert the related product or service back to the default state
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Ter
You represent and warrant that:
the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Further, you warrant that:
the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
the Content will not be unsolicited, undisclosed or unauthorised advertising;
the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of Edafait.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.
Copyright Infringement Notice
In order to lodge a complaint with us, please contact using the details above with the following information:
Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).
Please allow us 60 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of edafait.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of edafait.com. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service if you have no Subscription charges associated with your awe account. If you have monthly Subscription charges, you will need to email support@edafait.com with the request to cancel your account. The email must be sent from the email address associated with your awe account. Upon receipt of your cancellation request your awe account will be cancelled and you will no longer have access to the Service or any apps or Content you have created in or used within the apps you created using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
Indemnification
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
edafait.com its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Contact Us
If you have any questions about these Terms, please contact us via email support@edafait.com
