Terms and Conditions

(the 'Terms')

IMPORTANT - READ BEFORE ACCESSING OR USING ANY FILLR PRODUCT

DO NOT USE THIS SOFTWARE (WHICH IS A SOFTWARE AS A SERVICE), OR ANY ASSOCIATED MATERIALS AND DOCUMENTATION (COLLECTIVELY, THE “FILLR PRODUCT”) UNTIL YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS (“Terms”).  BY ACCEPTING THESE TERMS, OR BY COPYING, LOADING, INSTALLING OR USING A FILLR PRODUCT, YOU ("YOU" OR "LICENSEE") ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE CLICK THE "DECLINE" BUTTON, AND DO NOT INSTALL OR USE THE FILLR PRODUCT.

THESE TERMS ARE A LEGAL AGREEMENT CONCERNING THE FILLR PRODUCT BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE ENTITY, AND POP TECH PTY LTD LTD ("POP TECH"). THESE TERMS SUPERSEDE AND REPLACE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH POP TECH RELATING TO THE FILLR PRODUCT.


Effective: July 9, 2018
 

1.         What is Fillr?

Pop Tech Pty Ltd (ABN 82 164 555 748) (“us”, “we”, “our” or “Pop Tech”) has developed and/or operate various mobile applications, desktop extensions, SDKs, websites and web browsers (together, “Fillr Products”).  Certain Fillr Products include our proprietary autofill technology which allows you to populate data fields in online forms and databases with your data stored in the Fillr Product (your “Fillr Profile”) which is installed on your mobile or desktop device (“Device”). 

2.         Disclaimer

Pop Tech may make changes to the Fillr Product, at its sole discretion, and may offer, at its sole discretion, additional software, services, features, upgrades or updates (collectively "Additional Features"), and unless stated otherwise in a written instrument duly signed by Pop Tech, such additional software, upgrades and updates, shall be subject to these Terms.

In addition, notwithstanding anything to the contrary herein, you are aware and agree that Pop Tech may, at its sole discretion, amend, modify, add or remove, any and all of the terms of these Terms and the Privacy Policy (as defined below), by either posting such changes on the Website (as defined below) or providing you with notice to that effect, at Pop Tech’s sole discretion (collectively "Amendments"). By continuing to use the Fillr Product you agree to any and all Amendments in respect of such use. If you do not agree to an  Amendment, you must immediately cease to use or access the Fillr Product and notify Pop Tech, and in such event, these Terms shall immediately terminate and the provisions of Section (‎12) below, regarding the termination of these Terms, shall apply.

3.         Minimum requirements

In order to use a Fillr Product, you will need a Device using an internet browser with third party extension capabilities and access to 3G or greater cellular or wireless data internet connection or an equivalent device.  Apple mobile Devices must be running the latest version of iOS 8 or greater.  Android mobile Products must be running Android 4.0 or greater. We reserve the right to change these minimum requirements from time to time with or without notice.  In order to set up your Fillr Profile (if applicable to the Fillr Product you’re using), you will also need to register and set up your Fillr Profile by setting a PIN.

We are not responsible or liable for any loss, damage or other liability arising in connection with your failure to meet these minimum requirements. 

4.         License and representations

By accepting the terms of these Terms, you hereby acknowledge that you:

(a)   are legally authorized to enter into these Terms and be bound by its terms;

(b)  are of legal age in the United States and in your jurisdiction to enter into these Terms and that you are at least 16 years old; and

(c)   you are not prohibited from receiving products of Australian origin, including services or software.

IF YOU ARE NOT THE END USER AND ARE INSTALLING THIS FILLR PRODUCT ON BEHALF OF THE END USER, YOU WARRANT AND REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE END USER AND TO ACCEPT AND BIND THE END USER TO THE TERMS OF THESE TERMS, AND YOU FURTHER AGREE THAT YOU (AND YOUR COMPANY, IF APPLICABLE) SHALL BE LEGALLY OBLIGATED TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS POP TECH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE FILLR PRODUCT, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATED TO POP TECH’S PROVISION OF THE FILLR PRODUCT AND RELATED SERVICES, IF ANY, TO YOU OR TO SUCH END USER.

You acknowledge and agree that you must provide all equipment and software necessary to enable the use of, and connection and access to, the Fillr Product, and that you are responsible for any fees, including internet connection or mobile fees that you incur when using or accessing the Fillr Product.

Subject to your full compliance at all times with the terms and conditions set forth in these Terms and our Privacy Policy (available at https://fillr.com/privacy-policy) you are hereby granted, upon the following terms and conditions, a limited, commercial, non-exclusive, non-transferable, non-sublicenseable, worldwide license, for your internal, end-use purposes only, in the ordinary course of your business (if applicable) to access and use the Fillr Product in accordance with instructions provided therein, and for the purposes for which Pop Tech authorises you to use the Fillr Product (the "Purposes").

You acknowledge and agree to abide by all policies and instructions in connection with the use and access of the Fillr Product, as may be provided by Pop Tech from time to time (the "Instructions"). Pop Tech shall be entitled to prevent your access to, and use of, the Fillr Product in the event that you fail to comply with the provisions of these Terms, the Privacy Policy (as defined below) or the Instructions.

5.         Restriction on License

The following exclusions and restrictions shall apply at all times to your use of each Fillr Product:

(a)      you may not, and may not permit or assist any third party to: reverse-assemble, reverse-compile, decompile, disassemble or hack or otherwise reverse-engineer the Fillr Product or any portion thereof;

(b)     you may not, directly or indirectly, grant access to your Fillr Profile to any other person or entity;

(c)      you may not make any use of the Fillr Product in whole or in part that is not expressly permitted by the terms of these Terms;

(d)     you may not sell, assign, rent, lease, sublicense, distribute, market, commercialize, disclose, export, import, act as an intermediary or provider, or otherwise grant any rights to any third party with respect to the Fillr Product or any part thereof;

(e)      you may not undertake, cause, permit or authorize any modification of the Fillr Product or the creation of derivative works;

(f)       you may not modify or create any derivative works of any Fillr Product or documentation, including the translation or localization of the Fillr Product or any part thereof;

(g)      you may not create, distribute or disseminate any obscene or scandalous work, as defined by any applicable law at the time the work is created, using the Fillr Product;

(h)     you may not use any part of the Fillr Product in any manner that will or could damage, disable, overburden or impair the Fillr Product or that will or could interfere with any other party’s use and enjoyment of the Fillr Product;

(i)       you may not copy, nor attempt to copy, the Fillr Product or any part of the Fillr Product;

(j)       you may not attempt to gain unauthorized access to any service, account, computer systems or computer networks associated with the Fillr Product;

(k)      you agree to comply with all applicable international and national laws that apply to the Fillr Product; and

(l)       you may not publish any confidential information or results of benchmark tests run on any Fillr Product to a third party without Pop Tech’s prior written consent.

Any information derived from any of these foregoing-described activities constitutes confidential information of Pop Tech, and Pop Tech shall retain all rights therein.

6.         Third Party Charges

(a)      You may incur charges from your internet or mobile service provider for downloading and using a Fillr Product. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your applicable service provider.

(b)     It is also possible that when you use a Fillr Product to populate third party online forms, you may be charged fees by those third parties in relation to those forms or any goods or services to which they relate.  Again, such charges are your sole responsibility and are matters between you and the relevant third parties.  You agree that we are not liable for any losses you may incur from third parties as a result of your incorrect or inappropriate use of a Fillr Product.

7.         Security of your personal information and your obligations

(a)      The information you input into your Fillr Profile (“Stored Information”) is stored locally on your Device.  WE CANNOT STORE, OR BACK UP, YOUR STORED INFORMATION, AND YOUR STORED INFORMATION WON’T BE STORED OR BACKED UP UNLESS YOU SO CHOOSE TO BACK IT UP. 

(b)     If your Device is lost or stolen, hacked into or you allow others to use it without your supervision, others may be able to retrieve and use your Stored Information stored within your Fillr Profile on that Device. If your Device is lost or stolen, you can remotely erase the contents of your Device, including any Stored Information, via the remote data wipe feature of your Device (if applicable).  Accordingly, we recommend you activate this feature on your Device if available.

(c)      Whilst we use military grade 256-bit AES encryption to secure your Stored Information, we do not, and cannot, warrant that such security measures will be sufficient to prevent unauthorized use of your Stored Information, including preventing hackers from targeting your Device and accessing your Stored Information.  Your use of each Fillr Product is at your own risk and by using a Fillr Product, you agree that we will not be liable for any loss arising from any security breach relating to your Device, or to any theft or misuse by others of your Stored Information, or use of your Stored Information transferred via your use of a Fillr Product to an online form, database, website, computer system or platform.

(d)     To minimize the risk of unauthorized use of your Stored Information, we recommend that you:

(i)    not leave your Device unattended;

(ii)   enable the PIN request feature within your Fillr Profile settings and keep your PIN confidential;

(iii) remotely erase the contents of your Device immediately where there is a risk that your Stored Information may be used or accessed without your authority;

(iv)  lock your Device or take other steps necessary to prevent unauthorized use of the Fillr Product installed on your Device;

(v)   only install approved applications on your Device;

(vi)  not override the software lockdown on your Device (eg. jailbreak your Device);

(vii)       verify the authenticity and trustworthiness of any person or business to whom you provide your Stored Information via your use of a Fillr Product; and

(viii)     confirm that the appropriate Stored Information is selected to be input into the relevant data field of the online form before submitting the online form or confirming the transfer of the Stored Information to the third party.  Whilst we pride ourselves on being the most accurate autofill product you will find, it’s possible that the Fillr Product may not fill an online form with the specific Stored Information you wanted in that form, so you agree that you will not rely solely on the Fillr Product to identify and populate the data fields with the correct Stored Information and you will check, verify and confirm that the correct Stored Information has been input into the relevant data field in the electronic form or database before agreeing to transfer that Stored Information to third parties.

8.         Your other obligations in relation to using a Fillr Product

You agree that you will not:

(a)      use a Fillr Product for any purpose other than the purposes we specify from time to time.  Currently:

(i)    the Fillr Products which provide autofill services are only to be used for storing your personal information and populating data fields in online forms with that information; and

(ii)   all other Fillr Products may only be used for purposes customary for that type of product or software,

subject to such use being for lawful purposes only;

(b)     without limiting the generality of this section, use a Fillr Product to transmit any computer viruses, worms, trojan horses or other malware, or to trespass or burden network capacity;

(c)      act fraudulently or maliciously in relation to any Fillr Product or any related software;

(d)     copy, modify, adversely affect, reverse engineer, hack into or insert malicious code into any Fillr Product or any related software;

(e)      use any Fillr Product to engage in fraud or misleading or deceptive conduct. For example, you will not use any Fillr Product to provide anyone with false or misleading Stored Information about you or any other person;

(f)       apply or register, or attempt to register, any intellectual property rights in, or associated with, any Fillr Product in any form or format, or jurisdiction, whatsoever; or

(g)      use any automatic, electronic or manual process to harvest information from the Fillr Product (including without limitation robots, spiders or scripts).

9.         Privacy

Your use of any Fillr Product is subject to your acceptance of our privacy policy which can be viewed at https://www.fillr.com/privacy-policy.  The terms of our privacy policy (as amended from time to time) are incorporated by reference into these terms.

10.         Unauthorized use of intellectual property

(a)      Notwithstanding anything to the contrary in these Terms, all rights, title, and interest in each Fillr Product (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into the Fillr Product) and all copies thereof, and to any and all confidential information (as defined above), and to any and all Feedback (as defined below) remains with Pop Tech. The Fillr Product is copyrighted and protected by the laws of Australia, the United States, and many other countries, and by international treaty provisions. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Fillr Product. Except as otherwise expressly agreed in writing by you and Pop Tech, Pop Tech grants no express or implied right under Pop Tech’s patents, copyrights, trademarks, or other intellectual property rights. You agree to prevent any unauthorized use of the Fillr Product.

(b)     You acknowledge that any unauthorized reproduction by you of any proprietary information or other intellectual property in, or provided or available via, a Fillr Product or any portion of it may result in legal action being taken against you.

11.         Feedback

Feedback and other information which is provided by you to Pop Tech in connection with the Fillr Product or these Terms shall be the property of Pop Tech which shall be entitled to use (or not use) the Feedback as it deems fit in its sole discretion, including to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any of Pop Tech’s products, technologies, services, specifications or other documentation.

12.         Term, Suspension or termination of use and service quality

Your rights with respect to the Fillr Product shall commence on the date you accept, or are deemed to have accepted, the terms and conditions of these Terms and shall continue for an initial term of thirty days (the “Initial Term”). Following the Initial Term, these Terms shall automatically renew for successive thirty (30) day terms (each a “Renewal Term”, and together with the Initial Term, the “Term”) unless Pop Tech decides in its sole discretion to terminate your use of the Fillr Product(s).

Pop Tech may suspend or terminate your use of a Fillr Product at any time for any or no reason. Obtaining and using a Fillr Product is subject to the reliability and availability of third party service providers including software providers and network service providers. We are not liable for any direct or indirect loss suffered by you, as a result of a reduced level of service or the suspension or termination of your Fillr Product.

13.         Disclaimer of Warranties; Limitation of Liabilities; Indemnity

THE FILLR PRODUCT (AND THE LICENSE PROVIDED HEREUNDER) IS PROVIDED "AS IS" WITHOUT WARRANTIES, AND POP TECH DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT AUTHORIZED BY LAW. POP TECH EXPRESSLY DOES NOT WARRANT THAT THE FILLR PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE FILLR PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE FILLR PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE FILLR PRODUCT. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE FILLR PRODUCT.  POP TECH DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE FILLR PRODUCT.

IN NO EVENT SHALL POP TECH OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FILLR PRODUCT, EVEN IF POP TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW POP TECH TO BE EXEMPT FROM LIABILITY, POP TECH’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, OR USE OF THE FILLR PRODUCT SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES, IF ANY, PAID TO POP TECH BY YOU UNDER THESE TERMS DURING THE PERIOD OF THE TERM PRECEDING SUCH LOSS OR DAMAGES, AND IN ANY WAY SHALL NOT APPLY TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF POP TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF YOU HAVE NOT PAID POP TECH ANY LICENSE FEES DURING THE TERM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE ARISING OUT OF THESE TERMS AND/OR THE ACCESS AND USE OF THE FILLR PRODUCT SHALL BE THE TERMINATION OF THESE TERMS (AFTER WHICH YOU SHALL IMMEDIATELY CEASE TO ACCESS AND USE THE FILLR PRODUCT).

If the Fillr Product, or any part thereof, becomes, or in the opinion of Pop Tech may become, the subject of a claim of infringement of any third party's intellectual property rights, Pop Tech may, at its option and at its sole discretion replace or modify the Fillr Product, or any part thereof, to make it non infringing or discontinue the Fillr Product and cancel these Terms.

YOU FURTHER AGREE THAT YOU (AND YOUR COMPANY, IF APPLICABLE) SHALL BE LEGALLY OBLIGATED TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS POP TECH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE FILLR PRODUCT, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATED TO YOUR USE OR MISUSE OF THE FILLR PRODUCT, OR BREACH BY YOU OF ANY OF THE PROVISIONS OF THESE TERMS, THE PRIVACY POLICY, THE INSTRUCTIONS, OR APPLICABLE LAWS, RULES AND REGULATIONS. POP TECH RESERVES THE RIGHT, AT YOUR SOLE EXPENSE, TO ASSUME THE EXCLSUIVE DEFENSE AND CONTROL OF ANY CLAIM, ACTION OR PREOCEDING OR ANY OTHER MATTER FOR WHICH YOU ARE TO INDEMNIFY POP TECH OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, OR SERVICE PROVIDERS THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE FILLR PRODUCT, AND YOU AGREE TO FULLY COOPERATE WITH POP TECH AT ITS REQUEST.

14.         Further Liability Exclusions

Without limiting any of the foregoing liability waivers, exclusions and indemnity provisions, the following liability exclusions shall also apply:

(a)      the Fillr Products which provide autofill services are tools to facilitate, expedite and improve the accuracy of populating online forms and databases with your Stored Information stored in your Fillr Profile on your Device.  These Fillr Products are designed to integrate with any online form or database, including those which are freely accessible on the internet and, as such, we do not, and cannot, verify or be liable for:

(i)    the authenticity or trustworthiness of the online forms or databases which you may populate using the Fillr Product;

(ii)   the authenticity or trustworthiness of the businesses or organizations to which your Stored Information will be transferred when you use the Fillr Product; or

(iii) the use of your Stored Information by such businesses and organizations.

(b)     To the full extent permitted by law and subject to any implied condition, warranty or right, or any statutory consumer guarantee contained in, any law which cannot be excluded by law:

(i)    we exclude all representations, warranties, guarantees, rights or terms (each of which whether express or implied by custom, the general law or statute) other than those expressly set out in these Terms; and

(ii)   we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages, or liability arising from any inability of your Device to access or use a Fillr Product, or for any loss or damage to your Device resulting from your access or use, or attempted access or use, of any Fillr Product (including downloading any associated applications to use a Fillr Product).

(c)      Where any condition, warranty, guarantee or right is implied by law, or statutory consumer guarantee cannot be excluded, our liability for any breach of, or other act contrary to, that implied condition, warranty or right or statutory consumer guarantee, is limited either as provided under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010, or, otherwise to the extent permitted by law. In particular, to the extent possible, we limit our liability in respect of any claim to, at our option:

(i)    in the case of goods supplied by us:

A.    the replacement of the goods or the supply of equivalent goods;

B.    the repair of the goods;

C.     the payment of the cost of replacing the goods or of acquiring equivalent goods; or

D.    the payment of having the goods repaired; and

(ii)   in the case of services supplied by us:

A.    the supply of the services again; or

B.    the payment of the cost of having the services supplied again.

(d)     Subject to these Terms and to the extent permitted by law, you acknowledge that we will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct, indirect or consequential loss, costs or damages that you incur or are liable for in connection with your use of a Fillr Product, including, but not limited to, loss or damage directly or indirectly caused by a Fillr Product, or loss of connection to the Fillr Product, or interruption to your use of a Fillr Product. You acknowledge that you will not have a claim against us for any delay in your access to, or the performance of the services provided by, a Fillr Product even where the delay was our fault, including in relation to the loss of profit, loss of opportunity or other consequential loss.

15.         Assignment

Pop Tech may assign these Terms freely. You may not assign, sell, convey, sublicense or otherwise transfer the Fillr Product or any component thereof or any right or interest therein, these Terms, or any of your rights or obligations under these Terms, to any other party, either voluntarily or involuntarily, directly or indirectly, whether by operation of law or otherwise.

16.         Final Agreement

These Terms constitutes the entire agreement with respect to the subject matter hereof and terminates and supersedes all prior understandings or agreements on the subject matter hereof. These Terms may be amended or modified in accordance with the provisions of these Terms.

17.         Severability

If any term of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

18.         No Waiver

Any failure or delay by either party hereto in exercising any right or remedy will not constitute a waiver of such right or remedy.

19.         Injunction Relief

You agree that any breach of these Terms may cause Pop Tech substantial and irreparable direct damages and, therefore, in the event of any such breach, in addition to other remedies which may be available, Pop Tech shall have the right to seek specific performance and other injunctive and equitable relief.  Without limiting the aforesaid, Pop Tech shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by you or anyone on your behalf.  You shall be directly liable for any and all reasonable attorney’s fees incurred by Pop Tech to enforce these Terms against you in the courts of competent jurisdiction.

20.         Survival

Notwithstanding anything to the contrary herein, the provisions of Sections 1, 5, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28 and 29 shall survive the termination or expiration of these Terms for any reason whatsoever.

21.         Changes to these Terms

We may amend, replace or add to these terms and conditions at any time. We will notify you of this by:

(a)      posting information on our website at https://www.fillr.com/terms-site; or

(b)     emailing such changes to you at the email address you have provided to us in accordance with these terms.

If you do not provide us with your email address, or unsubscribe from receiving email communications from us, you may not be made aware of any changes unless and until you visit our website.

22.         Provisions relating to Apple and the App Store

(a)      This Section (22 applies only if you downloaded a Fillr Product through Apple's App Store.

(b)     You and we acknowledge that these terms and conditions are concluded between you and us only, and not with Apple Inc. or any of its related bodies corporate (Apple). We, and not Apple, are solely responsible for the Fillr Product and its content, as provided for in these terms and conditions.

(c)      To the extent that there is any conflict between these terms and conditions and the Usage Rules set forth for Licensed Applications in, or these terms and conditions otherwise conflict with, Apple's App Store Terms of Service (which you acknowledge you have had an opportunity to review), those Usage Rules and the App Store Terms of Service prevail.

(d)     The license granted to you herein is limited to a non-transferable license to use the Fillr Product on any Apple Device that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.

(e)      We and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Fillr Product, and that we are solely responsible for doing so in accordance with these terms and conditions and any applicable law.

(f)       We are solely responsible for meeting all warranties and guarantees in connection with the Fillr Product (or any related advice) which may not be excluded under the Competition and Consumer Act 2010 (Cth) or other relevant legislation. If the Fillr Product does not meet any such warranty or guarantee, you may notify Apple, and Apple will refund to you the price (if any) that you paid to download the Fillr Product from the App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Fillr Product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to the limitations and exclusions set out in these terms.

(g)      We and you acknowledge that we, and not Apple, are responsible for addressing any claims you or any third party may have relating to a Fillr Product or your possession and/or use of a Fillr Product which we may be liable for under these terms and conditions or at law, including, but not limited to, any claims not excluded under these terms.

(h)     We and you acknowledge that, in the event of any third party claim that a Fillr Product or your possession and use of a Fillr Product infringes that third party's intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

(i)       You represent and warrant that:

(i)    you are not located in a country that is subject to an embargo imposed by the government of the United States of America (U.S.), or that has been designated by the U.S. government as a terrorist supporting country; and

(ii)   you are not listed on any U.S. government list of prohibited or restricted parties.

(j)       These terms and conditions are for the benefit of Apple and its subsidiaries as well as us. Apple (and its subsidiaries) will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary thereof, even though Apple is not a party to them.

23.         Provisions relating to Google services

The Fillr Products make use of several Google services to enhance your user experience, including facilitating the input of information from your Google account into your Fillr Profile and providing location based information to help us improve the service we provide to you. Accordingly, Google's Terms of Service, as amended from time to time (currently located at https://www.google.com/intl/en/policies/terms/) is incorporated into these Terms & Conditions.  By using a Fillr Product, you will be bound by Google’s Terms of Service.

24.         Disclaimer and General Information

(a)      These terms and conditions are governed by the laws of Victoria, Australia and by using a Fillr Product, you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these terms or any other matters directly or indirectly relating to these terms.

(b)     No delay or failure to act on our part will be construed as a waiver of, or in any way prejudice, any of our rights under or in connection with these terms and conditions. No waiver by us will be effective unless it is in writing. A waiver by us of a breach of these terms by you will not waive any other breach.

(c)      By downloading, installing or using a Fillr Product, you agree to receive these terms and conditions and any amendments to them electronically and understand we will not send you a paper copy.

(d)     This online agreement does not override any signed written agreement the signing entity has with Pop Tech.

25.         Contacting us

You may contact us as follows:
Address: Studio 6 / 249-251 Chapel Street, Prahran, Victoria, 3181
E-mail: support@fillr.com

 

Specific provisions applicable to European residents

If you are a resident of a country within the European Economic Area, these Terms apply to you as amended by the following provisions:

26.         Without prejudice to the rights afforded to you, if any, the prohibitions in these Terms are limited allow to reverse engineering of software for interoperability purposes to the extent permitted under the applicable mandatory legal provisions applying in your jurisdiction;

27.         If you are a resident of France, notwithstanding the provisions of Section 24(a) of these Terms, the Terms and the relationship between you and us will be governed by the laws of France.

28.         If you are a resident of an EU country other than France, Section 24(a) of these Terms is removed and replaced by the following: "These Terms shall be governed by the laws of the EU country in which you live and you may therefore bring a claim to enforce your consumer protection rights in connection with these Terms & Conditions in the courts of such EU country."

29.         Section 21 of these Terms is to be amended by adding the following sentence after the last sentence: “Any changes to these Terms will be effective fourteen (14) calendar days following our dispatch of an e-mail notice to all Fillr users who have provided their email address."