Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.
Therefor Usage of the site shall be subject to the following terms and conditions;
1.1 ON EQUATION FINANCE CALCULATOR is a calculator Apps developed by APTLICATIONS. APTLICATIONS is an app making and distributing business that creates, distributes and manages its own applications on both the Apple App Store and Google Play store with its registered office address at 33 Warwick Street, Walkerville, South Australia, Australia, 5081.
1.2 ON EQUATION FINANCE CALCULATOR is a mobile calculator app made available and accessible for user to download via Apple App Store and Google Play Store that allows users to plug known variables into various formulas to get answers, essentially calculating whatever variable is missing. Current formulas are business valuation formulas and financial formulas.
2.1 You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnifyAPTLICATIONS for any losses, costs or damages, including reasonable legal fees, incurred by APTLICATIONSin relation to, or arising out of, such a breach.
3.1 By using the ON EQUATION FINANCE CALCULATOR App and the Services provided therein, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
3.2 The ON EQUATION FINANCE CALCULATOR App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
4.1 Unless otherwise indicated, the ON EQUATION FINANCE CALCULATOR mobile App is the proprietary property of APTLICATIONS and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and the Competition and Consumer Act 2010 of Australia, foreign jurisdictions, and international conventions.
4.3 You acknowledge that the rights in the ON EQUATION FINANCE CALCULATOR mobile App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with this TOU.
5.1 By using ON EQUATION FINANCE CALCULATOR, you represent and warrant that:
5.1.1 All registration information you submit will be true, accurate, current, and complete;
5.1.2 You will maintain the accuracy of such information and promptly update such registration information as necessary;
5.1.4 You will not access the App through automated or non-human means, whether through a bot, script or otherwise;
5.1.5 You will not use the App for any illegal or unauthorized purpose; and
5.1.6 Your use of the App will not violate any applicable law or regulation.
5.2 Where information is required from you as part of usage of ON EQUATION FINANCE CALCULATOR and the information provided by you is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
6.1 You may be required to register on ON EQUATION FINANCE CALCULATOR. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
7.1 You may not access or use the ON EQUATION FINANCE CALCULATOR mobile App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
7.2 As a user of the Site, you agree not to:
7.2.1 Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
7.2.2 Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
7.2.3 Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
7.2.4 Engage in unauthorized framing of or linking to the Site.
7.2.5 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
7.2.6 Make improper use of our support services or submit false reports of abuse or misconduct.
7.2.7 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
7.2.8 Sell or otherwise transfer your profile.
7.2.9 Use any information obtained from the Site in order to harass, abuse, or harm another person.
7.2.10 Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
7.2.11 Delete the copyright or other proprietary rights notice from any Content.
8.1 The ON EQUATION FINANCE CALCULATOR mobile App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
8.1.1 The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
8.1.4 Your Contributions are not false, inaccurate, or misleading.
8.1.5 Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
8.1.6 Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
8.1.7 Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.1.8 Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
8.1.9 Your Contributions do not violate any applicable law, regulation, or rule.
8.1.10 Your Contributions do not violate the privacy or publicity rights of any third party.
8.1.11 Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
8.1.12 Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
8.1.13 Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9.1 By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty- free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
9.2 This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
9.3 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
9.4 We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10.1 We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
10.1.1 You should have firsthand experience with the person/entity being reviewed;
10.1.2 Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
10.1.3 Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
10.1.4 Your reviews should not contain references to illegal activity;
10.1.5 You should not be affiliated with competitors if posting negative reviews;
10.1.6 You should not make any conclusions as to the legality of conduct;
10.1.7 You may not post any false or misleading statements; and
10.1.8 You may not organize a campaign encouraging others to post reviews, whether positive or negative.
10.2 We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
11.1 For Usage of the ON EQUATION FINANCE CALCULATOR mobile App, you are granted a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the TOU of this mobile application license contained in these TOU.
11.2 You shall not:
11.2.1 Decompile, reverse engineer, disassemble, and attempt to derive the source code of, or decrypt the application;
11.2.2 Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
11.2.3 Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
11.2.4 Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
11.2.5 Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
11.2.6 Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
11.2.7 Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
11.2.8 Use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
11.2.9 Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
11.3 The following terms apply when you use the ON EQUATION FINANCE CALCULATOR mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”).
11.3.1 The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
11.3.2 We are responsible for providing any maintenance and support services with respect to the mobile application as specified in this Terms and conditions of the mobile application user license contained in this TOU or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
11.3.3 In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
11.3.4 You represent and warrant that (i) you are not located in a country that is subject to Australian government embargo, or that has been designated by the Australian government as a “terrorist supporting” country and (ii) you are not listed on any Australian government list of prohibited or restricted parties;
11.3.5 You must comply with applicable third-party terms of agreement when using the ON EQUATION FINANCE CALCULATOR mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the ON EQUATION FINANCE CALCULATORmobile application; and
12.1 Except as expressly set out in this TOU or as permitted by any local law, you agree:
12.1.1 Not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
12.1.2 Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
12.1.3 Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
12.1.4 Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
12.1.4a Is used only for the purpose of achieving inter-operability of the App with another software program;
12.1.4b Is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
12.1.4c Is not used to create any software that is substantially similar to the App;
12.1.5 To keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
12.1.6 To include our copyright notice on all entire and partial copies you make of the App on any medium;
12.1.7 Not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
12.1.8 To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), togetherLicence Restrictions.
13.1 You must:
13.1.1 Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this TOU, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
13.1.2 Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this TOU);
13.1.3 Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
13.1.4 Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
13.1.5 Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
14.1 You expressly acknowledge and agree that use of the ON EQUATION FINANCE CALCULATORMobile App and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
14.1 To the maximum extent permitted by applicable law, the App and Services are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the App, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
15.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
15.2 We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 Our maximum aggregate liability under or in connection with this TOU (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to only the amount used to purchase the app.
16.1 We may terminate this TOU immediately by written notice to you:
16.1.1 If you commit a material or persistent breach of this TOU which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
16.1.2 If you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and on 30 days notice from APTLICATIONS;
16.1.2a All rights granted to you under this TOU shall cease;
16.1.2b You must immediately cease all activities authorised by this TOU;
16.2 You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
17.1 If you wish to contact us in writing, or if any condition in this TOU requires you to give us notice in writing, you can send this to us by e-mail at ContactUs@Aptlications.io. We will confirm receipt of this by contacting you in writing, normally by e-mail.
17.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your request for the App.
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this TOU that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
18.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this TOU:
18.2.1 Our obligations under this TOU will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control; and
18.2.2 We will use our reasonable endeavours to find a solution by which our obligations under this TOU may be performed despite the Event Outside Our Control.
20.1 We allow advertisers to display their advertisements and other information in certain areas of the ON EQUATION FINANCE CALCULATOR mobile app, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the app and any services provided on the app or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the app, including, but not limited to, intellectual property rights, publicity rights, and contractual rights We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
23.1 THE ON EQUATION FINANCE CALCULATOR MOBILE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
This site is created and controlled by APTLICATIONS in South Australia, Australia. As such, the laws of South Australia, Australia will govern these TOU, without reference to any principles of conflicts of laws. Any legal action concerning these Terms & Conditions on this site must be brought within one (1) year after the claim or cause of action arises and must be brought in South Australia, Australia.