OccuSearch
Terms and Conditions

This agreement is the terms and conditions (hereinafter referred to as this "Agreement") between you (an individual, company, or any other entity) and Aussizz Migration & Education Consultants bearing ABN No. 64149610293 having its place of business at Block Court, Level 1, 288/290 Collins St, Melbourne VIC 3000, Australia (hereinafter referred to as "Licensor") for the use of this Mobile application software/ website. This Agreement is a legal and enforceable agreement hereby entered into between you, either an individual, company, or other legal entity, and its affiliates (hereafter, “Customer”) and Licensor for the Mobile application software/ website. You/customer must have reached the age of majority for the legal jurisdiction that you reside in to access and sign this Agreement. If you have not reached the age of majority, your guardian must agree to or sign this Agreement. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by using the Services.

IMPORTANT - READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE MOBILE APPLICATION SOFTWARE/ WEBSITE, YOU REPRESENT THAT YOU PURCHASED THE MOBILE APPLICATION SOFTWARE/ WEBSITE FROM AN APPROVED SOURCE AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS:

• DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE MOBILE APPLICATION SOFTWARE/ WEBSITE; AND
• PROMPTLY DELETE OR RETURN THE MOBILE APPLICATION SOFTWARE/ WEBSITE.

By clicking "accept" or installing and/or using the Occusearch mobile application software/ website, you are confirming your acceptance of the Mobile application software/ website and agreeing to become bound by the terms of this EULA agreement.

DEFINITIONS

• 1.1
  Affiliates means an entity controlled by, under common control with, or controlling such party, where control is denoted as having fifty percent (50%) or more of the voting power (or equivalent) of the applicable legal entity. Subject to the terms and conditions of this Agreement, Affiliates may use the license granted hereunder. All references to Licensor shall be deemed to be references to Licensor and its Affiliates and all references to the Customer shall be deemed to be references to the Customer’s company or other legal entity and its Affiliate(s).
• 1.2
  Computer means the hardware if the hardware is a single computer system, whether physical, virtual, or means the computer system with which the hardware operates if the hardware is a computer system component.
• 1.3
  Derivative Works means a revision, enhancement, modification, translation, abridgment, condensation, or expansion of Mobile application software/ website or any other form in which such Mobile application software/ website may be recast, transferred, or adapted, which, if used without the consent of the Licensor, would constitute a copyright infringement.
• 1.4
  Documentation means the official explanatory materials in printed, electronic or online form provided by the Licensor to the Customer on the use of the Mobile application software/ website. For the avoidance of doubt, any installation guide end-user documentation not prepared or provided by the Licensor, any online community site, unofficial documentation, videos, white papers, or feedback does not constitute Documentation.
• 1.5
  Fees means the fees paid for the course provided to the customer (including any renewal or extension thereof), Support Services, or any other product or service purchased under this Agreement.
• 1.6
  Partners means distributors and resellers authorized by the Licensor or its distributors to resell the Mobile application software/ website or a co-branded version of the Mobile application software/ website authorized by the Licensor.
• 1.7
  Mobile application software/ website means the object code version of the product, together with the Documentation, and all third-party mobile application software/ website that the Licensor may have purchased or licensed from third parties and delivered to the Customer as part of the Mobile application software/ website, as well as any Updates provided by the Licensor under this Agreement.
• 1.8
  Support Services means the service for the correction of errors and/or support of the Mobile application software/ website and the issuance of any Updates.
• 1.9
  Updates means all subsequent releases and versions of the Mobile application software/ website that Licensor makes generally available to its customers as part of purchased Support Services and which are not separately priced or marketed by Licensor.

INTELLECTUAL PROPERTY RIGHTS

• 2.1
  Ownership: Title to the Mobile application software/ website, Documentation, Updates, and all patents, copyrights, trade secrets, and other worldwide proprietary and intellectual property rights in or related to are and will remain the exclusive property of the Licensor and its licensors. The Customer may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in or on the Mobile application software/ website, hardware, or Documentation and will not acquire any rights in the Mobile application software/ website, except the limited license specified in this Agreement. Licensor and its licensors own all rights in any copy, translation, modification, adaptation, or Derivative Works of the Mobile application software/ website, including any improvement or development thereof. Licensor retains all rights not expressly granted to the Customer in this agreement. The customer shall promptly notify the Licensor in writing upon discovery of any unauthorized use of the Mobile application software/ website or Documentation or infringement of the Licensor’s proprietary rights in the Mobile application software/ website or Documentation.

• 2.2
  Open Source Components: The Mobile application software/ website includes certain third-party mobile application software/ website as set forth in the Documentation, and may be used only in accordance with the licenses set forth therein, which prevail over the terms of this Agreement with respect to such third-party mobile application software/ website. Source code for these components is available upon written request to Licensor. With respect to the Mobile application software/ website, third-party components are integrated by the Licensor for and on behalf of the Customer in accordance with this Agreement. Therefore, any third-party mobile application software/ website delivered to the Customer pursuant to this Agreement, including any third-party plug-in that may be provided with the Mobile application software/ website, is included for use at the Customer’s option, solely in accordance with the corresponding third-party mobile application software/ website license(s). Licensor shall have no liability for Customer’s use of any third-party mobile application software/ website or payment gateways.

3. License Grant and Fees

• 3.1
  License: The Customer is granted a non-exclusive, non-transferable, non-assignable, restricted license during the terms set forth in this Agreement, to access, install, and use the Mobile application software/ website in accordance with the relevant Documentation for Customer's own use. Customer may not use the Mobile application software/ website for providing hosted or service bureau services to the public or any third-party entities that are not managed facilities for which the Customer provides integral technology services. The Customer acknowledges the Mobile application software/ website and Documentation is proprietary to Licensor and may not be distributed to any third parties. The Customer is not granted rights to Updates unless Customer has purchased Support Services. The license granted herein is subject to the specific restrictions and limitations set forth herein, the terms of the open-source licenses governing the components included in the Mobile application software/ website, and/or any additional licensing restrictions and limitations specified in the Documentation, or by notification and/or policy change posted at Licensor's website.
• 3.2
  Fees: The Customer agrees to pay Fees/subscription charges to Licensor for the licenses and associated services. Occusearch offers the following subscription plans:

  • 7-Day Free Trial: Users are eligible for a 7-day free trial of the Occusearch app. Upon the conclusion of this trial period, users must subscribe to either the automatically renewing Premium Plan or the one-time Basic Plan in order to continue accessing the additional functionalities of the app.
  • 15-Day Basic Plan: This plan provides access to the core features of Occusearch for 15 days from the date of purchase. It requires a one-time manual payment.
  • Premium Plan: This plan provides access to all features of Occusearch for 30 days. It requires a recurring automatic payment every 30 days.

4. Refunds and Cancellations

• Basic Plan and Premium Plan: You may request a refund for the Basic Plan or cancel the Premium Plan subscription within 24 hours of purchase. After 24 hours, all payments are non-refundable. To request a refund or cancel your subscription, please use the appropriate channels provided by the Play Store (for Android users) or App Store (for iOS users).
• Platform Policies: The refund and cancellation processes are further subject to the policies and terms set forth by the Google Play Store and Apple App Store. Compliance with these platform-specific policies is mandatory.

5. License Restrictions

• 5.1
  Restrictions on Use: Subject to the terms of the open-source licenses governing the open source components of the Mobile application software/ website, the Customer shall not:

  (a) Allow third parties or develop methods for third parties to use the Mobile application software/ website; (b) sell, rent, lease, use collectively, record, license, sublicense, share, distribute, publicly communicate, transfer or exploit in any other manner the Mobile application software/ website or Documentation; (c) except as permitted by applicable law, decompile, disassemble, or reverse engineer the Mobile application software/ website, in whole or in part, and the Customer shall not attempt to obtain in any other manner any Mobile application software/ website source code, and shall not carry out any action to the detriment of Licensor’s intellectual property rights or those of its suppliers; (d) make copies, execute, publish, or reproduce Mobile application software/ website or Documentation, unless expressly authorized in this Agreement (and all copies must maintain Licensor’s copyright notices); (e) develop any Derivative Works or any type of mobile application software/ website program based on the Mobile application software/ website, Documentation, or any other Confidential Information of Licensor; (f) make available, reveal, disclose, offer, or allow the use of Mobile application software/ website by third parties, without the prior written consent of Licensor; (g) alter or modify the Mobile application software/ website without the prior written consent of Licensor; (h) reject, avoid, elude, remove, deactivate, or evade, in any way, any protection mechanism of the Mobile application software/ website, including without limitation any mechanism used to restrict or control Mobile application software/ website functions; (i) provide or offer access to any third parties to any restricted online access keys or authentication passwords provided by the Licensor for downloading Mobile application software/ website; or (j) disclose to any third party any benchmarking or comparative study involving the Mobile application software/ website or Documentation.

• 5.2
  Trademarks: The Customer may not delete, remove, hide, move, or alter any trademark, logo, icon, image, or text that represents the Licensor’s name, any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations of the Licensor’s name, logo, or other marks of the Licensor or any of its Affiliates’ names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
• 5.3
  Legal and Export Control Compliance: The customer agrees to comply with all applicable laws. Without limiting the foregoing, the Customer agrees to comply with all applicable countries’ laws and applicable import laws of the Customer’s locality (if the Customer is not located in Australia), and the Customer agrees not to export any Mobile application software/ website without first obtaining all required authorizations or licenses. In particular, but without limitation, the Mobile application software/ website may not be exported or re-exported.

6. Support, Information, and Audits

• 6.1
  Support: Subject to the Customer’s payment of the Fees the Licensor shall provide Support Services, the Licensor will provide Support Services to the Customer per the Support Services Addendum attached hereto as Exhibit A. The Licensor will provide the Customer with any Updates that it makes generally available to its other users that have purchased the same level of support.
• 6.2
  Information: We will keep and maintain commercially reasonable written records and accounts regarding the use of Mobile application software/ website for at least Seven (7) years after the expiration of the applicable Mobile application software/ website license terms.
• 6.3
  Audits: The Licensor, or a certified public accountant designated by the Licensor, shall have the right, upon seven (7) business working days prior written notice to the Customer, to conduct an inspection and audit of all the Customer’s account information and records relating to this Agreement or any other payment transactions in relation to this agreement. The audit shall be conducted at the Licensor’s expense; provided, however, that if the audit reveals that the Customer has failed to comply with any material terms of this Agreement, the Customer shall pay all reasonable costs and expenses incurred by the Licensor in conducting the audit, and any applicable unpaid fees.

7. Limited Warranty and Disclaimers

• 7.1
  Limited Warranty: The Licensor warrants that, the mobile application software/ website is provided as it is and will be free from defects, however in case any bug is faced by customers they can report the same and Licensor’s team will work on the same to rectify it within stipulated time frame. This limited warranty does not apply to third-party opensource software.
• 7.2
  Data Privacy: The Licensor will access, process, and use data in connection with the customer’s use of the same in accordance with applicable privacy and data protection laws. For further detail, please visit our OccuSearch Privacy Policy.
• 7.3
  Exclusion of Warranty: This limited warranty is void if the defect has resulted from accident, abuse, negligence, misapplication, or where the Mobile application software/ website has not been properly installed.
• 7.4
  Disclaimer: EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, THE MOBILE APPLICATION SOFTWARE/ WEBSITE AND SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LICENSOR DOES NOT WARRANT THAT THE MOBILE APPLICATION SOFTWARE/ WEBSITE OR SUPPORT SERVICES WILL MEET THE CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE FAIL SAFE, UNINTERRUPTED, ERROR-FREE, OR THAT THE MOBILE APPLICATION SOFTWARE/ WEBSITE WILL PROTECT AGAINST ALL POSSIBLE THREATS. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON INTERFERENCE AND ACCURACY ON INFORMATIONAL CONTENT.
• 7.5
  Exceptions: Some states or jurisdictions do not allow the exclusion of express or implied warranties, so the above disclaimer may not apply to the Customer. IN THAT EVENT, SUCH EXPRESS OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD (OR THE MINIMUM PERIOD REQUIRED BY APPLICABLE LAW).
• 7.6
  If you are purchasing any products/services from the below-mentioned locations then all prices mentioned on the website are as follows: India - Indian Rupees (INR). Payment Gateway - PayUBiz Australia - Australian Dollar (AUD). Payment Gateway - Stripe Countries other than India & Australia - US Dollar (USD). Payment Gateway - Stripe We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time. As a mandatory procedure of your respective payment gateway, the customer may require sharing their name, email ID, and contact number. The payment gateway may also access the client's installed application as a part of payment procedure and the same is saved on a secure platform.

8. Limitation of Liability

• 8.1
  IN NO EVENT, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTIES UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, COSTS, LOSSES OR EXPENSE, (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OR INTERRUPTION OF USE, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DAMAGE TO NETWORKS, EQUIPMENT, OR HARDWARE, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY). Regardless of whether the claim for such damages is based in contract, tort, or any other legal theory, in no event shall Licensor’s aggregate liability to the Customer for direct damages exceed the original purchase price of the Mobile application software/ website, Support Services or other amounts paid by Customer, even if the Licensor has been advised of such damages. The foregoing limitations shall apply to the maximum extent permitted by applicable law. THE LIMITATION OF LIABILITY HEREIN IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. ACCORDINGLY, ONLY THE CUSTOMER CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO THE CUSTOMER’S NEEDS IN THE ENTENT AN ERROR IN THE MOBILE APPLICATION SOFTWARE/ WEBSITE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, THE CUSTOMER AGREES TO THE LIABILITY LIMITATIONS HEREIN AND ACKNOWLEDGE THAT WITHOUT THE CUSTOMER’S AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE MOBILE APPLICATION SOFTWARE/ WEBSITE WOULD BE HIGHER.

9. Confidentiality and Notifications

• 9.1
  Confidentiality: The Customer acknowledges and agrees that the Mobile application software/ website incorporates confidential and proprietary information (“Confidential Information”) developed or acquired by Licensor including, but not limited to, technical and non-technical data, formulas, patterns, compilations, devices, methods, techniques, drawings and processes related to the Mobile application software/ website, which constitutes the valuable intellectual property of the Licensor and its third-party dealers.
• 9.2
  Use of Confidential Information: Each party will comply with all laws and regulations that apply to use, transmission, storage, disclosure, or destruction of Confidential Information. Both Parties agree to hold the other party’s Confidential Information in the strictest confidence. Confidential Information shall not be disclosed by either party to anyone except an employee, or agent who has a need to know same, or who is bound by a non-disclosure and confidentiality provision at least as restrictive as those set forth in this Agreement. Each party agrees to ensure that its employees, agents, representatives, and contractors are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Agreement. The Licensor may use any technical information that the Customer provides to the Licensor for any of Licensor’s reasonable business purposes, including product support and development. The Customer acknowledges that the Mobile application software/ website may include a monitoring capability that sends anonymous statistics about performance, device utilization and network size remotely to the Licensor.
• 9.3
  Ownership of Information: Except as explicitly stated in this Agreement, the party receiving the Confidential Information is granted no license or conveyance of disclosing party’s Confidential Information or any intellectual property rights therein. Title to the disclosing party’s Confidential Information. shall remain solely with the party disclosing the Confidential Information.
• 9.4
  Remedies: It is further understood and agreed that money damages may not be a sufficient remedy for any breach of the confidentiality provisions of this Agreement and that either party may be entitled to equitable relief, including injunction and specific performance, as a remedy for any such breach. Such remedies may not be deemed exclusive remedies for a breach of these provisions but may be deemed in addition to all other remedies available at law or in equity.
• 9.5
  NoticesThe Licensor may send the Customer required legal notices and other communications about the Mobile application software/ website, including special offers and pricing or other similar information, customer surveys or other requests for feedback (“Communications”). Licensor will send Communications via in-product notices or email to registered email addresses of named contacts or will post Communications on Licensor’s website. Customer may notify Licensor of the Customer’s preference not to receive any such Communications (which may have a technical impact on Customer’s use of the Mobile application software/ website and the provision of any Support Services). The Licensor reserves the right, at any time and from time to time, to revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions (collectively, “Additional Terms”) on the Customer’s use of the Mobile application software/ website. Such Additional Terms will be effective immediately and incorporated into this Agreement upon posting the revised agreement on Licensor’s website and the Customer waives any right to receive a specific notice of each such revision. The Customer’s use of the Mobile application software/ website signifies acceptance of the Agreement inclusive of future revisions.

10. Term and Termination

• 10.1
  This Agreement and the licenses granted hereunder shall remain in effect until terminated by either party. This User Agreement may be terminated immediately if customer breaches any term of this customer Agreement. Licensor may terminate this agreement at any time or restrict or prevent User from accessing or using Licensor Products at any time, for any reason or no reason at all, in Licensor sole and absolute discretion, without providing any notice whatsoever to Consumer. Licensor may also temporarily suspend the services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by Licensor.
• 10.2
  Deletion of account: If you want to delete your account a dedicated deletion button will be provided in the app. When the customer clicks on the deletion button a page for terms and conditions will be shown there along with a check box which will contain the required information for customers about their stored data, subscription plan, by clicking on the check box customer will agree to the terms provided by the licensor. Following which an OTP will be sent to the registered email id of the customer. Thereafter, once the customer will enter the correct OTP and selects enter, the account will be deleted after that. Link for privacy policy.

  • Scenario - 1: If the customer has any on-going subscription plan the same shall be deactivated, after the deletion process is completed by the licensor., all the subscription plans are non-refundable.
  • Scenario - 2: If the customer has not availed any subscription plan, the licensor shall simply start the deactivation process of the customer’s account.
  • Scenario - 3: In case customers wishes to claim any refund, they may request the same to Apple/Google, and approval and non-approval of the same will depend on the policies of apple and google in-app purchases. Licensor is not directly or in any other manner involved in the same, so all the claim for dissatisfaction should be addressed to respective third parties.

  Except as expressly provided herein, sections of this Agreement shall survive termination.
• 10.3
  Cancellation & Refund Policy:All payments would be non-refundable; So please choose carefully. The decision of the management will be final, and the user will have to abide by them. Please Note:

  • We will not consider any kind of unjustified request stating, ‘We need a refund’.
  • We will not entertain refund requests without any genuine concerns.
  • The management will decide upon the request being genuine or not.
  • The time frame for the refund request is ‘Within 24 hours’.
  • No Refunds will be processed after the above time duration has surpassed.
  • All the services purchased from 'Occusearch' are on a ‘no return’ and ‘no changes’ basis, which means no reschedule or refund will be made.

11. Indemnification

• 11.1
  The Licensor shall indemnify and hold harmless the Customer and its officers, employees, agents and representatives and defend any action brought against same with respect to any third-party claim, demand or cause of action, including reasonable attorney’s fees, to the extent that it is based upon a claim that the Mobile application software/ website infringes or violates any Indian/Australian patents, copyrights, trade secrets, or other proprietary rights of a third-party. Customer may, at its own expense, assist in such defence if it so desires, provided that the Licensor shall control such defence and all negotiations relating to the settlement of any such claim. The Customer shall promptly provide the Licensor with written notice of any claim that the Customer believes falls within the scope of this indemnification provision of the Agreement. In the event that the Mobile application software/ website or any portion thereof is held to constitute an infringement and its use is enjoined, the Licensor may, at its sole option and expense, (i) modify the infringing Mobile application software/ website so that it is non-infringing, (ii) procure for the Customer the right to continue to use the infringing Mobile application software/ website. Notwithstanding the foregoing, the Licensor will have no obligation for any claims to the extent such claims result from (i) modifications or alterations of the Mobile application software/ website made by or for the Customer or any other party that were not provided by the Licensor or authorized by the Licensor in writing; (ii) use outside the scope of the license granted hereunder, (iii) use of a superseded or previous version of the Mobile application software/ website if infringement would have been avoided by the use of a newer version which Licensor made available to the Customer, or (iv) use of the Mobile application software/ website in combination with any other mobile application software/ website, hardware or products not supplied by the Licensor. This indemnity obligation is subject to the limitation of liability and does not apply to any open-source components of the Mobile application software/ website.

12. General Provisions

• 12.1
  Assignment: Neither party may assign this Agreement or any right or obligation hereunder without the other party’s prior written consent. However, the Licensor may assign this Agreement in the event of a merger or consolidation or the purchase of all or substantially all of its assets. This Agreement will be binding upon and inure to the benefit of the permitted successors and assigns of each party.
• 12.2
  Force Majeure: The Licensor will not be held responsible for any failure, delay or interruption caused by circumstances outside its control, such as network failure, network connection failure, earthquake, flooding, strikes, lockdowns, pandemic, embargos or acts of government. If such event giving rise to Force Majeure lasts for more than 90 days, then either party may terminate this Agreement without such termination giving rise to any liability or right to any refund.
• 12.3
  Taxes:The Customer agrees to pay all taxes (including but not limited to sales, use, excise, and value-added taxes), tariffs, duties, customs fees or similar charges imposed or levied on the Mobile application software/ website Customer licenses, with the exception of taxes on the Licensor’s net income.
• 12.4
  Entire Agreement and Amendments: This Agreement constitutes the entire agreement between the parties and supersedes all written or oral prior agreements or understandings between the parties. The terms of this Agreement may not be modified except by a written agreement signed by both the parties.
• 12.5
  Severability: If any provision of this Agreement is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of this Agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement.
• 12.6
  Waiver:No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
• 12.7
  Choice of Law and Venue: The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the laws of Australia. The Customer hereby irrevocably consents to jurisdiction of both the state of Victoria, Australia.
• 12.8
  Relationship of the Parties: Each party will be and act as an independent contractor and not as an agent or partner of, or joint venture with the other party, and neither party will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
• 12.9
  Attorneys’ Fees: If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Exhibit A
Support Services Addendum

• DEFINITIONS
  “Coverage Period” means 7:00am to 4:00pm IST, Monday through Friday. “Maintenance Patch” means a release of or for a Supported Product that includes the most recent Resolutions. “Resolution” means either a mobile application software/ website modification or addition that, when made or added to the Supported Product, corrects a Supported Incident; or a workaround, procedure or routine that, when observed in the regular installation or operation of the Mobile application software/ website, eliminates the practical adverse effect of such Supported Incident on the Customer; or replacement of the Supported Product. (Resolutions may include patches and bug fixes). “Supported Incidents” means a material defect in materials and workmanship of the Supported Products, or failure of the Supported Product to conform to the specifications set forth in the documentation (“Documentation”) relating to that version of the Supported Product, resulting in the inability to use, or restriction in the use of, the Supported Product. “Supported Products” means the current version of the Mobile application software/ website and any prior version for which the Licensor provides support.
• SERVICE DESCRIPTION AND SCOPE
  A. Scope of Support Services: The scope of Support Services includes the following two services:

  • Technical Support: The Customer may use our support system provided and fill in the form or email for any help with regard to configuration and administration of the Mobile application software/ website and/or hardware. Our technical team will get in touch with the customer back within 3 working days and the issue will be solved.
  • Except as otherwise provided the Licensor shall be responsible for providing to its end-user customer training, service and support (including bug fixation, grievance inquiries).
• B. Service Modification
  Modifications to the scope of the Support Services may be made from time to time by the Licensor and will be notified to the Customer in writing.
• C. Exclusion from Services: The Licensor is not obligated to provide Support Services in the following situations:

  • Unsupported Incidents.
  • Improper installation or operation of the Supported Product not in accordance with the Licensor’s specifications or the Documentation.
  • The Supported Product has been damaged, the Supported Incident is caused by the Customer’s negligence, or other causes beyond the reasonable control of Licensor.
  • The Supported Incident is caused by third party hardware or mobile application software/ website not sold or licensed by or through Licensor.
  • The Customer has not installed and implemented a Maintenance Patch/Update or Upgrade so that the Mobile application software/ website is not a release supported by Licensor.

  Such issues may be addressed separately upon request to the Licensor or an authorized partner at the applicable hourly rates for consulting.
• RESPONSE CRITERIA
  The Licensor’s initial response may result in resolution of the request or form the basis for determining what additional actions may be required to achieve Resolution. For Service requests received outside of the Coverage Period, Licensor will use commercially reasonable efforts to respond within the timeframe designated below based on the Severity level as determined by Licensor, except that Licensor is not responsible for delays in response delivery caused by systems and network problems.
  
  Severity Level | Initial Response Time (Business Hours) | |---|---| | Critical | 2 hours | | High | 4 hours | | Medium | 8 hours | | Low | Next business day |
• MAINTENANCE PATCHES AND UPGRADES/UPDATES
  In addition to Resolutions, during the term of this Exhibit, Licensor shall make Maintenance Patches and Upgrades/Updates available if and when made generally available by the Licensor. If a question arises as to whether a product offering is an Upgrade/Update or a new product or separate component, the Licensor’s determination will prevail, provided that the Licensor treats the product offering as a new product or feature for its end user customers generally.
  
  Licensor shall provide you with updates, bug fixes and email support in connection with commercially licensed Products, unless alternative terms have been explicitly granted to you in writing by the Licensor, subject to your payment of the applicable License Fee and compliance with this License.
  
  The Licensor uses good faith efforts to address all known issues, but cannot make any warranty or guarantee on release schedules, release level updates or whether any release will be error-free and cure the known issue it was developed to address. The licensor will further intimate customers in advance via notification about the maintenance time at least 2 hours before the scheduled maintenance, however some issues might arise that are not in our control and the service might be hampered for that time.
• CUSTOMER RESPONSIBILITIES
  The customer agrees to:

  • Pay the applicable Services fees and any communications charges associated with accessing the Services (unless Licensor specifies otherwise).
  • Ensure that any access codes the Licensor provides are used only by the Customer’s authorized personnel.
  • Provide Licensor with all relevant and available diagnostic information (including product or system information) pertaining to mobile application software/ website problems for which the Customer requests assistance.
  • Provide the Licensor with appropriate remote access to the Customer’s system if necessary to assist in isolating the mobile application software/ website problem cause. The Customer will remain responsible for adequately protecting the system and all data contained therein whenever it is remotely accessed by the Licensor with Customer’s permission.
  • Provide access to or information regarding payment transaction as and when required for our record and account clearance.
  • Use the information obtained under these Services only for the support of the information processing requirements within the Customer’s enterprise.
  • Ensure that Services are used only in relation to duly licensed Supported Products.
  • Make reasonable efforts to correct any issue and deploy corrections after consulting with Licensor.
  • Inform the Licensor promptly of any changes in hardware location.
  • If you face any issues or have questions about this policy, please get in touch with our grievance officer at occusearch@aussizzgroup.com.

Last updated on: 27-05-2024