Whisky Freedom App

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and maiQCode (“we,” “us” or “our”), concerning your access to and use of the Whisky Freedom App (the Application).

By installing and using the Application, you acknowledge that you have read, understood, and agreed to be bound by these Terms and conditions as outlined below. If you do not agree with these Terms and conditions, any of the terms, you are expressly prohibited from using the Application and must discontinue use and uninstall all copies of the Application immediately.

Provided that you are eligible to use the Application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

We reserve all rights not expressly granted to you.

2. CHANGES TO THE TERMS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and conditions 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 Terms and conditions by your continued use of the Application after the date such revised Terms and conditions are posted.

3. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, text, photographs, and graphics on the Application are owned or licensed by us and protected by copyright under the laws of Australia.

You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use any of the material on the Application, including audio and video excerpts, except as permitted by statute or with our prior written consent.

4. USER REPRESENTATIONS

By using the Application, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update such registration information as necessary;]
3. you have the legal capacity and you agree to comply with these Terms;
4. you are not under the age of 18;
5. you will not access the Application through automated or non-human means, whether through a bot, script, or otherwise;
6. you will not use the Application for any illegal or unauthorised purpose;
7. your use of the Application will not violate any applicable law or regulation.
8. If you provide any information that 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 Application (or any portion thereof).

5. USER REGISTRATION

You may be required to register an account with the Whisky Freedom App. You agree to keep your password confidential and will be responsible for all use of your account and password.

Any identifying or contact details required for registration will only be used in accordance with our Privacy Policy.

You may terminate your account at any time by contacting us at maiQCode@gmail.com. However your data may continue to be online after termination.

6. PROHIBITED ACTIVITIES

You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Application, you agree not to:

1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the Application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensor's of the Application;
5. use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
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;
8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
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.
10. systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
11. make any unauthorised use of the Application, 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 pretences.
12. circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
13. make improper use of our support services or submit false reports of abuse or misconduct.
14. engage in any automated use of the system, such as using scripts to create false accounts, or using any data mining, robots, or similar data gathering and extraction tools.
15. interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
16. attempt to impersonate another user or person or use the username of another user.
17. use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavour or commercial enterprise.
18. attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
19. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
20. delete the copyright or other proprietary rights notice from any Content.
21. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
22. use the Application in a manner inconsistent with any applicable laws or regulations.

7. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Application for violations of these Terms and conditions;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and conditions, including without limitation, reporting such user to law enforcement authorities;
otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.

8. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Application is hosted in Australia.

If you access the Application from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Australia, then through your continued use of the Application, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.

[Further, we do not knowingly accept, request, or solicit information from anyone under the age of 13 or knowingly allow such persons to register for the Application. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information from the Application as quickly as is reasonably practical.]

9. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APPLICATION OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Application without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

11. GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

12. DISCLAIMER

THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION AND OUR 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 APPLICATION 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 APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APPLICATION 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 APPLICATION, (3) ANY UNAUTHORISED 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 APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION 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 APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, 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 JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. LIMITATIONS OF LIABILITY

Whilst we will use reasonable avenues to verify the accuracy of any information we place in the Application, to the extent permitted by law, we make no warranties, whether express or implied in relation to its accuracy.

We will not be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Whisky Freedom App.

14. INDEMNIFICATION

You agree to be fully responsible for and fully indemnify us against all claims, losses, damages or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms and conditions or any other legal obligation.

15. USER DATA

We will maintain certain data that you transmit to the Application for the purpose of managing the Application, as well as data relating to your use of the Application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

16. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Application. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

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