Last updated: 17th August 2020
Hi and thanks for taking interest in our legal stuff. Not many people read these pages.
Here you will find our "Terms & Conditions of Use" which covers your rights and obligations when using our website or app. It's quite comprehensive, as legal documents can be, but if you have any questions feel free to contact us.
Have fun! 😜
Evergrace App & Website
By Evergrace & Co Pty Ltd, 3 Amy Close, Wyong NSW 2259 Australia
1.1. Welcome to Evergrace (the 'Application'). Evergrace exists as a website and mobile application which provides audio stories, music, software, articles, blog posts, journal entries, and other digital content about parenting, children, the Christian faith, and related subjects (the 'Services').
1.2. The Application is operated by Evergrace & Co Pty Ltd (ABN 59640675654). Access to and use of the Application, or any of its associated Products or Services, is provided by Evergrace & Co. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
1.3. Evergrace & Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Evergrace & Co updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Evergrace & Co in the user interface.
3.1. In order to access the Services, you may be required to purchase a subscription through the Application (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services (the 'Account').
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.5. You warrant that any information you give to Evergrace & Co in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
3.7. You may not use the Services and may not accept the Terms if:
4.1. As a Member, you agree to comply with the following:
5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
5.2. All payments made in the course of your use of the Services are made using Stripe or another credit card processing provider, Apple App Store or Google Play Store. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe or another credit card processing provider, Apple App Store or Google Play Store terms and conditions which are available on their websites.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
5.4. You agree and acknowledge that Evergrace & Co can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
Evergrace & Co will provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Evergrace & Co makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
If you would like to discuss a refund please email us at email@example.com.
7.1. The Application, the Services and all of the related products of Evergrace & Co are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Evergrace & Co or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Evergrace & Co, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
7.3. Evergrace & Co retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
7.4. You may not, without the prior written permission of Evergrace & Co and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
9.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Evergrace & Co make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Evergrace & Co) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Evergrace & Co. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Evergrace & Co will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
11.1. Evergrace & Co's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2. You expressly understand and agree that Evergrace & Co, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.1. The Terms will continue to apply until terminated by either you or by Evergrace & Co as set out below.
12.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Evergrace & Co via email to firstname.lastname@example.org
12.3. Evergrace & Co may at any time, terminate the Terms with you if:
12.4. Subject to local applicable laws, Evergrace & Co reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Evergrace & Co's name or reputation or violates the rights of those of another party.
13.1. You agree to indemnify Evergrace & Co, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
14.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
14.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by Evergrace & Co is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
All care is taken in the preparation of the information and published materials on this site. Evergrace & Co does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Evergrace & Co will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.
This site may contain hypertext links, frames or other references to other parties and their websites. Evergrace & Co cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Evergrace & Co do not necessarily approve of, endorse, or sponsor any content or material on such sites. Evergrace & Co make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.
If you have any concerns regarding the content of the Website, please contact Evergrace & Co on email@example.com
If you have any questions or concerns please feel free to contact us.