MY DESIGN SOFTWARE APPLICATION TERMS OF USE 

Branch Enterprises101 Pty Ltd ABN 18 611 393 090

1. Background and Introduction to Terms of Use

 

Through the My Design App we provide you with access to the Services or Products, specifically the ability to custom design clothing items to fit specific body measurements and the option to connect with third party service and product providers to develop your custom design clothing items. 

 

By accessing, downloading, installing and using any portion of the My Design App you accept the terms and conditions (“Terms of Use”) below and agree to be bound by them. 

 

These Terms of Use outline what you need to be aware of when you access the Services and Products and use the My Design App. They set out the legal relationship between you and us in connection with your use of the My Design App.

 

If you do not accept these Terms of Use you are not authorised to use the My Design App or the Services or Products.

2. Meaning of Words

In these Terms of Use:

a) Content means the information, designs, data or other materials developed, registered, submitted or created by you in connection with your use of the My Design App;

b) My Design App refers to the software application “My Design” and any variation or tailored version of the software application created by us for your use and available for download through third party application stores;

 

c) Products refers to the products provided by us or by third parties as available via the My Design App from time to time;

 

d) Services refers to the services provided by us or by third parties as available via the My Design App from time to time;

 

e) related body corporate has the meaning given to it in the Corporations Act 2001 (Cth);

 

f) we, us and our refers to Branch Enterprises 101 Pty Ltd ABN 18 611 393 090 and any of its related bodies corporate to which it says that these Terms of Use apply;

 

g) Website refers to www.mydesignapp.site and any variation or tailored version of the website created by us for your use;

 

h) you refers to you as the user of the My Design App; and

 

i) the singular includes the plural and vice versa. 

3. My Design App Services and Products

Through the My Design App, we provide you with the ability to:

  1. update your personal information, including body size and measurements; 

  2. custom design clothing items; and

  3. connect with third party service and product providers to develop your custom design clothing items.

 

4. Eligibility 

 

You must be at least 13 years of age or older (or the equivalent minimum age in your home country) to create an account to use the My Design App. If you are under the age of 13 years, an account to access the My Design App can be created by a parent or legal guardian. A parent or legal guardian who is creating an account for a child under the age of 13 years should review these Terms of Use with you to ensure you are fully able and competent to understand and accept these Terms of Use. 

 

5. License to Use 

 

  1. Subject to these Terms of Use, we grant you a non-exclusive, non-assignable, nontransferrable, revocable licence to use the My Design App including access to the Services and Products only for the purpose of designing, purchasing or developing custom made apparel.

  2. The licence granted under section 5(a) is for the period corresponding to the period for which you are entitled to access, download and use the My Design App or until such time as these Terms of Use are terminated in accordance with section 17 (whichever is the earlier).

 

6. Using the My Design App

 

You can only use the My Design App and access the Services or Products if you download the My Design App on a compatible smart phone, mobile device, iPad or Android tablet device from the Google Play or Apple Store or any other third party application store (as applicable) and create an account or log-in to an existing account within the My Design App. 

 

By using the My Design App and its associated Services and Products you understand, confirm, acknowledge and agree that:

 

a) when registering for an account, you will provide accurate and complete information and promptly update this information to keep it current;​

 

b) the data and information in the My Design App and its associated Services and Products is provided to you in good faith and for your personal use only. It is not intended for any other purpose;

 

c) the Content is the sole responsibility of the person who created or submitted the Content within the My Design App; 

 

d) we do not endorse or recommend the products or services or offering of any individual, firm or company that may be referred or introduced to you by us via the My Design App or its associated Services or Products;

 

e) we may make modifications to the My Design App or temporarily or permanently discontinue access to the My Design App (or any part of it), with or without notice and without liability to you or to any third party;

 

f) we do not make any representations or warranties in relation to the Content and in particular as to whether it is reliable, accurate, up to date or complete;

 

g) we do not warrant that access to the My Design App or its associated Services or Products will be uninterrupted, timely, secure, or error free;

 

h) we do not provide you with the equipment to use the My Design App or its associated Services and Products;

 

i) you are responsible for all fees charged by third parties to access and use the My Design App and its associated Services and Products including by not limited to charges by internet service providers or mobile carries; and

 

j) we cannot guarantee that the use of the My Design App will be compatible with all smart phones, mobile devices, iPads or Android tablet devices, computer equipment, software or combinations of them. 

 

7. Payment and Charges

 

a) You may download and use the My Design App and its associated Services or Products once you have created an account and paid the subscription fee advertised on our Website, Google Play or the Apple Store.

 

b) You will be billed in advance on an annual basis the subscription fee advertised on our Website, Google Play or the Apple Store. At the end of each period, your subscription will automatically renew for another year under the exact same conditions unless you cancel it.

 

c) We may in our sole discretion offer you a subscription with a 14 day free trial. You will be required to enter your billing information in order to sign up to the 14 day free trial. On the last day of the free trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fees for an annual subscription.

 

d) You can cancel your subscription renewal through your account via the My Design App or by contacting us. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the My Design App and its associated services and products until the end of your current subscription period.

 

e) Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by us on a case-by-case basis and granted in our sole discretion.

 

f) My Design App may enable you to make in-app purchases via Google Play or the Apple Store. If this applies, then you will be billed for the full amount of your purchase at the time of the transaction. You expressly authorise us, Google Play or the Apple Store to charge the amount of any purchase via the payment method provided. My Design App in-app purchases and all billing is subject to any terms and conditions as imposed by Google Play or the Apple Store or their payment processors respectively.

 

g) We may at any time and from time to time, in our sole discretion, change the subscription fees and charges or add new fees and charges in relation to the use of the My Design App or its associated Products or Services. 

 

h) Your use of any third party website, services or products may incur additional fees as determined by the third party provider and are separate from and in addition to any subscription fees paid by you to download the My Design App. You agree that the purchase of any third party products or services including any payment terms will be governed by the third parties’ terms and conditions.

 

8. Disclaimer of Warranties 

 

a) To the extent permitted by law, we disclaim all warranties of any kind whether express or implied including but not limited to warranties as to merchantability or fitness for a particular purpose.

 

b) We do not warrant that your use or access of the My Design App or its associated Services and Products will be uninterrupted, timely, accurate, secure or error free.

 

c) We do not warrant that any Content, data or information sent by or to you will be accurate, complete, transmitted in uncorrupted form or transmitted within a reasonable amount of time.

 

d) Any products or services supplied by any third parties shall be subject to the current warranties provide by the third party supplier and we shall not be bound or responsible for any terms, conditions, representations or warranties provided by the third party supplier. 

 

9. Limitation of Liability

To the extent permitted by law, neither we, nor any of our employees, agents or officers are liable to you for any direct, indirect or consequential loss or liability arising for, or any costs, charges or expenses you incur in connection with:

a) information published, displayed or available through the My Design App or its associated Services or Products;

 

b) our supply and your use of the My Design App or its associated Services or Products;

c) any action taken, failure to act, decision made or reliance by you on the basis of the

Content or the data or information available through the My Design App or its associated Services or Products; 

 

d) any modification, suspension or discontinuance of the My Design App or the Services or Products;

 

e) any errors or delays in the Content, or for any actions you or third parties may take in reliance on it;

 

f) any loss or harm to any of your electronic devices; and

 

g) your use of any services, products or offering provided by any individual, firm or company referred by us to you via the My Design App. 

This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to the supply of the Services or Products again, or the repayment of the fee you paid to us for access to the My Design App in the 12 months preceding the date of the relevant breach.

 

10. Indemnity

You agree to defend, indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

a) any Content you submit via the My Design App or its associated Services or Products;

 

b) your use of the My Design App, Services or Products; 

 

c) any violation of these Terms of Use; and 

 

d) any violation of any rights of a third party through your use of the My Design App, Services or Products. 

 

11. My Design App Security

 

a) We do not guarantee that information transmitted over the internet or through the My Design App is totally secure. Therefore, when you send us information you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems but we do not guarantee that it is secure.

 

b) Your use of the My Design App and our Services and Products is at your own risk. We do not guarantee that our software application is free from viruses, or that access to the My Design App, Services or Products will be uninterrupted. You should therefore ensure that your equipment is protected from viruses and any other interference that could damage your equipment.

 

12. Information about you & your Privacy

 

a) When you download and use the My Design App, we may collect personal information about you. Ordinarily, we tell you the purposes for which we collect that information when it is collected. As a general rule, we only collect such information which is necessary for us to provide you with access to the My Design app or the Products or Service to you or to maintain our relationship with you.

 

b) By downloading and using the My Design App you consent for us to disclose your personal information as necessary to provide the Products or Services to you including disclosure to third party services and products providers.

 

c) Our Privacy Policy sets out how we deal with personal information generally. If these Terms of Use are inconsistent with our Privacy Policy, these Terms of Use will take precedence.

 

13. Collecting Information & Cookies

The information we collect about you depends on how you use the My Design App and may involve the use of "cookies".  Please refer to our Privacy Policy for details on how we may use cookies on our Website.

 

14. Third Party Websites, Products and Services

 

a) The My Design App may contain links or referrals to other products and services of third parties. We do not monitor, endorse, control or otherwise approve the owners or operators of the third party websites, or the information, graphics and material on those websites or the products or services (including software) offered on those websites.

 

b) To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website, application or the products and services (including software) offered by a third party or any information appearing in any product or service offered by a third party. 

 

c) If you follow a link or otherwise navigate away from the My Design App, you agree that these Terms of Use will no longer apply. You should review the applicable terms and conditions and policies including privacy and data gathering practices of any third party provider to which you navigate from the My Design App.

 

d) You agree that your access and use of third party applications, websites, products and services is at your own risk. Your dealings with any third party websites, services or products providers and any terms, conditions, warranties or representation associated with such dealings are solely between you and the relevant third party. 

 

e) We may receive payments from third parties in relation to the products or services supplied or received by you as a result of your use and access to any links to third party applications or websites published on the My Design App or on our Website.

 

15. Intellectual Property 

 

a) The material within the My Design App is protected by copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent.

 

b) Any Content created or developed by you in connection with your use of the My Design App, Services or Products will belong to you unless otherwise expressly provided by us or pursuant to any third party terms and conditions.

 

c) The My Design App and our Website includes registered trade marks owned by us (or our licensors). You must not use any of these trade marks in any way without our prior written consent.

 

d) By accessing the My Design App or its associated Services and Products, you agree not to redistribute or resell the Products, Services or information obtained from the My Design App, Services or Products without our prior written consent.

 

e) You warrant that any Content or any other materials or data whatsoever created, uploaded or provided during your use and access to the My Design App, Services or Products will not cause us to infringe any third party’s copyright, trade marks or other intellectual property rights. 

 

16. Permitted Use 

You agree not to use the My Design App, Services or Products:

a) for any purpose that is unlawful or prohibited by these Terms of Use;

 

b) in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the My Design App, Services or Products;

 

c) to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server or services through hacking, password mining or any other means;

 

d) to attempt to obtain any materials or information through any means not intentionally made available through the My Design App, Services or Products;

 

e) to transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

f) to impersonate any person or entity;

 

g) to transmit or otherwise make available any Content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

 

h) to transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unless expressly authorised by us to do so;

 

i) to stalk or otherwise harass another user; or

 

j) to collect or store personal data about other users. We have the right (but not the obligation) in our sole discretion to:

 

k) refuse the transmission of any Content via the My Design App; 

refuse access to or use of the My Design App, Services or Products; 

 

l) move any Content that is available via the My Design App; 

 

m) remove any Content that violates these Terms of Use or is otherwise deemed by us to be objectionable;

 

n) preserve or disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with a legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect our rights, property or the personal safety of our staff, other users and the public.

As a condition of your use of the My Design App, Services and Products, you authorise us to include your or your organisation’s name in our published list of users.

17. Termination and Modification of Service

 

We may in our sole discretion immediately suspend, terminate or limit your access to the My Design App, Services and Products if:

a) we deem that you are in breach of the Terms of Use or our Privacy Policy; 

 

b) you have not paid any fee payable under these Terms of Use on the date they are due; or 

 

c) we deem that your use of the My Design App, Services and Products is low and warrants termination of your access.

 

We will notify you of such suspension, termination or limitation by email within five (5) business days. You agree that we will not be liable to you or any third party for any termination, suspension or limitation to your access to the My Design App or the Services or Products.

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the My Design App, Services and Products (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of the My Design App, Services or Products.

18. Accounts and Security

 

a) If you open an online user account through the My Design App to access the Services or Products, you must complete the registration process by providing us with current, complete and accurate information (“Data”). You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. 

 

b) You are also responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. 

 

c) We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for losses incurred by us or another party due to someone else using your account or password.  

 

d) You may not use anyone else's account at any time. 

 

e) You agree to maintain and update your Data as required to keep it accurate, current, and complete. 

 

f) You agree that we may store and use the Data you provide us (including payment card information) for the purpose of maintaining your accounts and for billing fees to your payment card

g) You acknowledge and agree that we may establish general practices and limits for the use of the My Design App, Services and Products, including without limitation:

  1. the maximum number of days that Content will be retained;

  2. the maximum disk space that will be allotted on our servers on your behalf; and 

  3. the maximum number of times (and the maximum duration for which) you may access the My Design App, Products or Services in a given period of time. 

 

h) You agree that we have no responsibility or liability for the deletion or failure to store any

Content maintained or transmitted via the My Design App or via the Services or Products.

 

19. Changes to these Terms of Use

 

a) This statement sets out our current Terms of Use. It replaces any other Terms of Use which we have previously issued.

 

b) We may amend these Terms of Use (including the fee schedule and premium service schedule) at any time. If we do, we will publish the amended version in the My Design App or on our Website. By accepting these Terms of Use, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of the My Design App, Website, Services and Products will constitute your acceptance of those amendments. 

 

c) Changes to the fee schedule will take effect 30 days after this change is published on our website.

 

d) We suggest you periodically review our Terms of Use for any changes.

 

e) All information within the My Design App and provided with the Services and Products is subject to change without notice.

20. Assignment 

These Terms of Use and any rights or licences granted under these Terms of Use may not be transferred or assigned by you but may be assigned by us. Any assignment attempted in violation of these Terms of Use is void. 

 

21. Governing law 

 

The law of the state New South Wales governs these terms and conditions. The parties submit to the exclusive jurisdiction of the courts of the state New South Wales and the Federal Court of Australia. The My Design App, Services and Products may not comply with the laws of any other country.

 

22. Waiver and Severability 

 

Any failure or delay by us in exercising any right, power or privilege available to us under these Terms of Use will not operate as a waiver of that power or right. If any provisions in these Terms of Use become void, voidable or unenforceable then those provisions are deemed to be severed and the remaining provisions will continue to have full force and effect.

 

23. Entire Agreement 

 

These Terms of Use are the entire agreement between you and us regarding your use of the My Design App, Products and Services. 

 

24. Contacting Us

If you have any questions regarding these Terms of Use please contact us at patricia@mydesignapp.site.