Chappters® App Terms

Welcome to the Chappters® App (App). The App is supplied by The Troublemakers Club Pty Ltd (ABN 72 655 026 850) trading as Chappters (we, us or our).

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The App is an app for note-takers, and allows users to create, manage and store notes, tasks, to-do lists, and personal media (audio, video and documents) (Notes).

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These terms (Terms) govern your access to, and use of, the App. Please read the Terms carefully. By clicking the ‘accept’ icon, you agree to be bound by these Terms, as updated by us from time to time.  If you do not agree to these Terms, do not click the ‘accept’ icon. 

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You agree that we may change or update these Terms from time to time without notice to you and the most recent version of the Terms posted on the App at the time you access or use the App will apply and bind you in respect of that access or use. We recommend that you check these Terms regularly to take notice of any changes we may have made.  You may be asked to accept the amended Terms before you can continue to use the App. If you are not asked, we will treat your continued access to, and use of, the App as your acceptance of any amended Terms. If you do not agree with the amended Terms, you must stop using the App. 

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These Terms were last updated on [30.06.22].

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1. Eligibility requirements

   1. To use the App:

      1. you must be 18 years of age or over (or otherwise above the age of majority in the place of use of the App) and capable of entering into a binding contract with us and complying with these Terms;

      2. the device on which you will use the App (Device) must enable you to access the internet, and must meet the minimum requirements set out in clause 1.2; and

      3. you agree to abide by the terms of the relevant software licences (1.Software Licence).

   2. The App is available on Apple iPhones, iPads and Apple Macs at this stage. The minimum requirements for your Device are IOS 14, iPadOS 13 and MacOS 11.

   3. ‘Apple’, ‘iPhone’ and ‘iPad’ are trademarks of Apple Inc., registered in Australia and other countries. 

2. Your account 

   1. In addition to accepting these Terms, you are required to have an account with Apple Inc. (an Apple ID) to install the App on your Device.  

   2. By installing the App on the Device, you warrant to us that you own the Device and have installed the App using your own, personal Apple ID.  You must not impersonate any person or install the App for any person other than yourself. We have the right to verify your identity. 

   3. You are responsible for keeping your Apple ID username and password confidential and secure, and you should not share these details with anyone else. 

   4. We will assume that all activity in the App that takes place using your AppleID is undertaken by you and you will be responsible for all such activity. If you believe your AppleID may be subject to unauthorised access or use, you must notify us immediately using the contact details below.

3. Intellectual Property

   1. We own, or are licensed to use, all Intellectual Property Rights in the App and all content (including but not limited to all data, text, photographs, illustrations, renderings, images, scripts, graphics, trade marks, logos, sounds, music, audio, audio-visual combinations, interactive features and other content) provided by us through the App or included in the App (App Content).

   2. Your use of the App does not grant to you any Intellectual Property Rights in the App, the App Content or the technology used or supported by the App (Technology), nor does it grant you any licence or right to use the App, the App Content, or the Technology other than as permitted by these Terms.

   3. If you satisfy the requirements set out in clause 1, accept these Terms, and successfully register to use the App, we grant to you a personal, non-assignable, non-transferable, non-exclusive licence to access, view and use the App, the App Content, and the Technology, for your own personal, non-commercial use only, provided you comply with these Terms. 

   4. The licence granted under clause 3.3 is subject to:

      1. any rules applied by the provider or operator of the application store from which you downloaded the App (Appstore); and

      2. the terms of the Software Licence.

   5. Subject to the limited licence granted in clause 3.3, you agree that you will not use the App, the App Content or the Technology in a way which infringes our Intellectual Property Rights or the Intellectual Property Rights of any third party. In particular, you must not:

      1. copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the App, the App Content or the Technology in any way;

      2. upload third party content onto, or modify third party content via, the App if you are not licensed or permitted to do so; or

      3. remove, obscure or alter any copyright notice, trade mark notice or trade mark attached to or contained in the App.

4. Your use of the App

   1. You may only use the App to create, manage, store and export notes.

   2. We are not responsible for how you elect to use the App. 

   3. You must not use the App in any manner or for any purpose that:

      1. is unlawful;

      2. would give rise to any civil or criminal liability for yourself, us, or any third party;

      3. is, in our opinion, otherwise inappropriate; or

      4. in any manner contrary to or prohibited by these Terms.

   4. Without limiting clauses 4.1 or 4.3, you must not:

      1. hack into, insert or disseminate malware or other malicious code, including viruses, Trojans, worms, logic bombs or other harmful or destructive code or data, into the App or any operating system, including through password mining, phishing or other means;

      2. use the App with the assistance of any automated scripting tool or software;

      3. circumvent the App’s structure, presentation or navigational function so as to obtain information that we have chosen not to make publicly available through the App;

      4. use the App in a way that could damage, disable, overburden, impair or compromise the App, our systems or security or interfere with other users;

      5. modify, adapt, alter, reverse engineer, decompile or otherwise disassemble or reverse-assemble any part of the App or create any derivative works from the App;

      6. create a new user account for the App after we have terminated your account due to your breach of these Terms; or

      7. access or use the App in breach of any applicable laws.

   5. You must delete the App from a Device prior to disposing of the Device. 

5. User Content

   1. The App includes features that enable you to create, import, and export content through the App.

   2. By creating, importing or exporting any data, text, photographs, images, scripts, graphics, trade marks, logos, sounds, music, audio, video or other content (User Content) in, to or from the App, you agree that:

      1. your User Content complies with these Terms and all laws and relevant guidelines, codes, policies and terms applicable; and

      2. you are solely responsible for your conduct and for all User Content that you create, import or export in, to or from the App. 

   3. You must not create, import or export any User Content that:

      1. is defamatory or malicious;

      2. is illegal, misleading or deceptive, is obscene, offensive, discriminatory, inflammatory, indecent, depicts nudity, sexual activity or violence, or is unsuitable for children;

      3. infringes, or may infringe, on any property rights of a third party (including rights of privacy or intellectual property rights) without first obtaining the consent of that third party;

      4. gives the impression that the content originates from or is endorsed by us; or

      5. does not otherwise comply with these Terms. 

   4. We reserve the right to block or prevent you from accessing the App, or take any other action we consider appropriate, if we believe that you have breached, violated or disregarded any of these Terms.

6. Modifications, suspensions and discontinuation 

   1. We may modify or update the App at any time. Updates to the App may be issued through the Appstore and those updates may require you to download the latest version of the App (and accept any new terms) before you can continue to use the App.

   2. We may suspend the operation of the App at any time without notice, including for the purposes of routine maintenance.

   3. We may discontinue the App at any time without notice. 

7. Fees and charges

   1. The use of this App is subject to payment of the Subscription Fee.

   2. We reserve the right to change our Subscription Fee at any time, upon notice to you if such change may affect your existing subscription.

   3. You can cancel your subscription through the Appstore at any time before your next bill date, and there are no cancellation fees.  

   4. You acknowledge that your use of the App on a Device may be subject to separate charges imposed by your Device data provider (carrier), such as data usage charges and mobile phone charges, and you are responsible for payment of these charges.

   5. The App may use and store data and content (including your User Content) in your iCloud account.  You acknowledge that your use of the App on a Device may require you to increase or upgrade your iCloud storage, and that you are responsible for payment of any costs associated with doing so. 

8. Privacy and confidentiality

   1. These Terms incorporate our privacy policy.  By registering to use the App, and continuing to use the App, you agree that we may use, disclose and handle your personal information in accordance with our privacy policy. 

9. Data and location services

   1. By using the App, you consent to us collecting and using technical information about the Devices to improve our products and to provide any services to you, in accordance with our privacy policy. 

   2. We may identify and use location data sent from the Devices. You can turn off this functionality on the Device by turning off the location services settings for the App. If you do not turn off the location services, you consent to us collecting, transmitting, processing and using your location data to provide and improve location-based services. You may withdraw this consent by turning off the location services settings at any time. 

10. Third party links 

    1. The App and these Terms may contain links to websites operated by or on behalf of third parties, and also advertisements which include embedded links.  

    2. Links are provided only for your convenience. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the App, and we accept no liability for any loss or damage that may arise from your use of them.  

    3. We do not endorse any linked sites, the operators of any linked sites, any products or services or their providers, or the subject matter of any advertisements.

11. Exclusions and limitations of liability    

    1. You acknowledge that:

       1. your access to and use of the App, including the App Content and the Technology, is at your own risk;

       2. we cannot guarantee that your use of the App will be uninterrupted or error free, or that the App will be free of viruses or other harmful components;

       3. we are not responsible for any loss or damage caused by a distributed denial-of-service attack, or any viruses, Trojans, worms or other technologically harmful material that may infect your Device; and

       4. the internet is not secure and we are not responsible for any loss, corruption or interception of data sent to or from the App.

    2. Under the Australian Consumer Law (ACL), you will have the benefit of certain non-excludable rights, guarantees and remedies in respect of the App. Nothing in these Terms excludes, restricts or modifies any of those rights, guarantees or remedies which, pursuant to the ACL, cannot be excluded, restricted or modified. 

    3. Subject to this clause 11, to the extent permitted by law: 

       1. all other representations, guarantees, warranties and terms are excluded; 

       2. we are not liable to you, whether in contract, tort (including negligence), in equity, under statute or otherwise, for any special, indirect or consequential loss or damage, or any loss of profit, income or opportunity; and 

       3. our aggregate liability in damages arising out of or in connection with your access to or use of the App (however arising) will not exceed $2.99. 

    4. Our liability to you arising out of or in connection with your access to or use of the App, including the App Content and the Technology, is reduced to the extent that your acts or omissions, or those of a third party, contributed to or caused the loss or liability.

12. Force majeure

    1. We will not be liable for any act or event beyond our reasonable control, including failure of or suspension of public or private telecommunications networks.

13. Suspension or termination

    1. You may stop using the App at any time without notice to us. 

    2. Without limiting any rights we may have at law, we reserve the right to limit, suspend or terminate your access to the App or any of its features at any time and without any prior notice if you have breached these Terms. 

    3. Upon termination in accordance with clause 13.2:

       1. you will no longer have access to the App or any of the data incorporated in the App; and

       2. you must immediately cease using, and delete, the App. We may take steps to block you using the App. 

14. Contact details

    1. Any feedback, questions or concerns relating to the App can be directed to us at info@chappters.com. 

15. General

    1. We may, at any time and without the need for consent or approval from you, novate, assign or transfer all or any of our rights or obligations under these Terms to any person.

    2. You may not assign or transfer any of your rights or obligations under these Terms without obtaining our prior written consent.

    3. These Terms constitute the entire understanding between you and us to the exclusion of any previous communications, representations or other terms.

    4. If any provision of these Terms is deemed to be void or unenforceable, that provision will be severable from and will not affect the enforceability of the remaining provisions.

    5. These Terms are governed by the laws of Western Australia, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia.

    6. If you access or use the App outside Western Australia, you agree to comply with all laws in force in that place in addition to these Terms and all laws in Western Australia.

16. Definitions

    1. In these Terms, the following words have the meanings set out below:

Intellectual Property Rights means all existing and future intellectual property rights of whatever nature anywhere in the world, including trade marks, logos, domain names, trade names, designs, patents, copyright and analogous rights, know how, trade secrets, business names, concepts, rights in confidential information, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.

Subscription Fee means USD$2.99 per month, payable either 1 month or 12 months in advance.

You or your means the person who uses the App.

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