These Terms govern your use of Resupix and the products, features, apps, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply. 

 

1. Our Services  

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Our mission is to give people the power to build your profile and resume and to use your profile for the purposes of applying for jobs. To help advance this mission, we provide the products and services described below to you: 

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1.1 Provide a serious personalized opportunity for you:

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Your experience on Resupix is unlike anyone else's: from the image and video posts, captions, endorsements, job applications, and other content you see in resources or blogs or Employer content and other members you follow and other features you might use, such as communications and search. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you provide in your profile and do on and off our Products - to personalize your experience. 

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1. 2 Connect you with other members and employers you are interested in:

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We help you find and connect with other Members, employers, and others that matter to you across the Resupix Products you use. We use the data we have to make suggestions for you and others - for example, jobs to apply for, events to attend, employers to follow or send a message to, a profile of images and videos to watch, and people you may want to become friends with. 

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1.3 Empower you to express yourself and communicate about what matters to you for a job and how you want to perceive yourself:

 

There are many ways to express yourself on Resupix and to communicate with colleagues, friends, family, and others about what matters to you - for example, connecting and sharing status updates, photos, videos, and stories across the Resupix Products you use, sending messages to employers, creating jobs, or adding content to your profile. We also have developed, and continue to explore, new ways for people to use technology, such as video intro profiles and more expressive and engaging content on Resupix. 

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1.4 Combat harmful conduct and protect and support our community:

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People will only profiles on Resupix if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data with other Resupix Companies when we detect misuse or harmful conduct by someone using one of our Products. 

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1.5 Use and develop advanced technologies to provide safe and functional services for everyone:

 

We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Resupix. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products. 

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1.6 Research ways to make our services better:

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We engage in research and collaborate with others to improve our Products. One way we do this is by analysing the data we have and understanding how people use our Products. 

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1.7 Provide consistent and seamless experiences across Resupix services:

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Our services help you find and connect with people, businesses, employers, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Resupix Company Products that you use. For example, we use data about the people you engage with on Resupix to make it easier for you to connect with them on email, SMS or our own employer chat service, and we enable you to communicate with a business you follow on Resupix through our own secure employer chat service. 

 

1.8 Enable global access to our services:

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To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Resupix Pty Ltd.

 

1.9 Our Data Policy and Your Privacy 

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​To provide these services, we must collect and use your personal data. We detail our privacy policy in the privacy policy section in the menu or at www.Resupix.com, which you must agree to in order to use our Products. 

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We also encourage you to review the privacy choices you have in your settings. 

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1.10 Your Commitments to Resupix and Our Members and Employers

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​We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments: 

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2. Who can use Resupix

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​When people stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must: 

 

2.1 Use the same name that you use in everyday life.

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• Provide accurate information about yourself.

• Create only one account (your own) and use your timeline for personal purposes.

• Not share your password, give access to your Resupix account to others, or transfer your account to anyone else (without our permission).

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2.2 We try to make Resupix broadly available to everyone, but you cannot use Resupix if: 

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• You are under 14 years old (or the minimum legal age in your country to use our Products).

• You are a convicted sex offender.

• We previously cancelled and disabled your account for violations of our terms or policies.

• You are prohibited from receiving our products, services, or software under applicable laws.

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3. What you can share and do on Resupix

 

We want people to use Resupix to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so): 

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3.1 You may not use our Products to do or share anything: 

 

• That violates these Terms, our Community Standards, and other terms and policies that apply to your use of Resupix.

• That is unlawful, misleading, discriminatory or fraudulent.

• That infringes or violates someone else's rights.
   

3.2 You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
 

3.3 You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
 

3.4 We can remove the content you share in violation of these provisions:

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If applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.

 

3.5 To help support our community:

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We encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies. 

 

4. The permissions you give us

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We need certain permissions from you to provide our services: Permission to use the content you create and show employers You own the content you create and share on Resupix and the other Resupix Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content. 

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4.1 Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Resupix, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Resupix Products you use. 
 

4.2 You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
 

4.3 Permission to use your name, profile picture, and information about your content and captions: You give us permission to use your name and profile picture and information about actions you have taken on Resupix next to or in connection with job opportunities and offers, and other sponsored content that we display across our Products, without any compensation to you.
 

4.4 Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it. 

 

5. Limits on using our intellectual property

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If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, templates, videos, or sounds we provide that you add to content you create or share on Resupix), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open-source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. 

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6. Auto-Renewal Billing and Cancellation

 

Resupix provides an annual auto-renewal subscription service that allows you to access the premium features of the app. This includes, but is not limited to, connecting to other members, messaging, endorsing posts by other users or being endorsed for the authenticity of pictures and videos that you post, managing your profile page for use in a job application, or using our measurement services.

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Usage of these premium services is bound by the Commercial Terms.

 

6.1 Downloading of the Resupix App and Cost.

 

The cost to download the Resupix Native mobile application is stated in the Apple Appstore and the Google Play Appstore. Depending on the country you are in and the Appstore jurisdiction, these prices may vary due to the different currencies that are used to charge for the app download.

 

6.2 Premium Live Annual Subscription.

 

The cost of the annual premium live subscription is stated within the Resupix app when you are in the settings page and when you click on the link to “Upgrade Plan”. This will lead you to a page that describes the premium features that are available and activated after you have accepted and paid for the subscription through the app store billing process.

 

6.3 Auto-renewal annual subscription

 

When you purchase the upgrade plan within the Resupix application, you are using the in-application purchasing mechanism to purchase the Upgraded plan to access the premium features of the application. This purchase is an Auto-renewable subscription which automatically purchases the subscription exactly 1 year from when you activated and purchased the upgraded plan. This auto-renewal subscription will be listed in your app store's subscription listing where you can make changes or cancellations to the subscription.

 

6.4 Billing Cycle.

 

The subscription fee for the Resupix Premium Live access to features and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your Appstore subscription "Account" page. The length of your billing cycle will be an annually billed subscription. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month of the year. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it for up to approximately one year of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period where it is offered.
 

6.5 Payment Methods. 

 

To use the Resupix Premium live subscription you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
 

6.6 Updating your Payment Methods. 

 

You can update your Payment Methods by going to the app-stores "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

 

6.7 Cancellation. 

 

You can cancel your Resupix Premium live subscription at any time, and you will continue to have access to the Resupix Premium live subscription through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods. To cancel, go to the app-store subscription "Account" page and follow the instructions for cancellation. If you cancel your subscription, your access to premium features of the app will automatically be disabled at the end of your billing period. To see when your premium subscription will stop, go to the app-stores Subscription services on the "Account" page. If you signed up for Resupix Premium live subscription using your account with a third party as a Payment Method and wish to cancel your Resupix Premium live subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Resupix Premium live subscription through that third party. You may also find billing information about your Resupix Premium live subscription by visiting your account with the applicable third party.

 

6.8 Changes to the Price and Subscription Plans. 

 

We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

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7. Additional provisions 
 

7.1 Updating our Terms
 

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. 

 

We hope that you will continue using our services, but if you do not agree to our updated Terms and no longer want to be a part of the Resupix community, you can delete your account at any time. 
 

7.2 Account suspension or termination

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We want Resupix to be a place where people feel welcome and safe to express themselves and share their professional captions, authenticity, thoughts and ideas. 

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If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. You can learn more about what you can do if your account has been disabled. 

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If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4 and 5 

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7.3 Limits on liability

 

We work hard to provide the best products and services we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). 

 

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Resupix Products, even if we have been advised of the possibility of such damages. 

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7.4 Disputes

 

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know upfront where it can be resolved and what laws will apply. 

 

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Resupix Products and Services ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the jurisdiction of New South Wales, Australia, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the New South Wales, Australia will govern these Terms and any claim, without regard to conflict of law provisions. 

 

8. Other

 

8.1 These Terms make up the entire agreement between you and Resupix Pty Limited . regarding your use of our Products and Services. They supersede any prior agreements.
 

8.2 Some of the Products and Services we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products Services for commercial or business purposes, such as buying ads, selling products, connecting as a third party, managing an Employer Page for your business, or using our measurement services, you must agree to our Commercial Terms. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
 

8.3 If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
 

8.4 You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
 

8.5 You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
 

8.6 These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
 

8.7 You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
 

8.8 We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
 

8.9 We reserve all rights not expressly granted to you.

 

 

 

 

Commercial Terms

 

The Resupix Terms and these terms (the “Resupix Commercial Terms” or “Commercial Terms”) apply to access or use of the Resupix Products and Services (or Services), including Resupix premium live subscription, for member enhanced usagel purpose (except where we state that separate terms (and not these) apply to such access or use of a Resupix Product).

 

This includes, but is not limited to, connecting to other members, messaging, endorsing posts by other users or being endorsed for authenticity of pictures and videos that you post, managing your profile page for a use in a job application, or using our measurement services.

 

You agree that you will ensure that any third party on whose behalf you access or use any Resupix Product for any business or commercial purpose (except, again, where we state that separate terms (and not these) apply to such access or use) is bound by the Terms, these Commercial Terms and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms.

 

These Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.

 

1. Licenses: 

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As described in “The permissions you give us” section in our Terms, you grant us a license to content that is covered by intellectual property rights (like photos or videos) you share, post, or upload on or in connection with our Products. For any access or use of the Resupix Products for business or commercial purposes, that license applies to content you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your Page content for you) makes available on or in connection with any Resupix Product.
 

1.1 You also will ensure that you own or have secured all rights necessary to grant the licenses and rights you (or someone on your behalf) grant to us under the Commercial Terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within Resupix Products. 
 

1.2 Compliance with law: You represent and warrant that your access or use of Resupix Products for business or commercial purposes complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules, and regulations, including geo-filtering or age-gating access where required. 
 

1.3 In addition to and without limiting the requirements about who can use the Resupix Products under our Terms, if you are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to you) you may not engage in commercial activities on Resupix Products unless authorized by applicable laws. If you are on the de-registered or banned individual or company or an equivalent, you may not engage in commercial or business activities on the Resupix Products (such as advertising or payments). You also may not access or use the Resupix Products if you are prohibited from receiving products, services, or software under applicable law. 
 

1.4 Limits on liability: In addition to and without limiting the scope of the “Limits on liability” section in our Terms, you agree that we are not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 

Our aggregate liability arising out of or relating to any access or use of the Resupix Products for business or commercial purposes, the Terms (for any access or use of the Resupix Products for business or commercial purposes), or these Commercial Terms shall not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. 

 

2. Disputes:
 

2.1 Indemnification 

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If anyone brings a claim, cause of action, or dispute against us related to your services, actions, content or information on Resupix or other Resupix Products or your use of any Resupix Products, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.

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2.2 Dispute resolution

If you reside outside Australia or your residence is located outside Australia: You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to any access or use of the Resupix Products for business or commercial purposes must be resolved exclusively in the state of New South Wales, Australia, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State New South Wales will govern these Commercial Terms and any such claim, without regard to conflict of law provisions. 

If you reside in Australia or your residence is located in Australia: You and we agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to any access or use of the Resupix Products for business or commercial purposes (“commercial claim”). This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of the Brand Usage Guidelines, violations of your or our confidential information or trade secrets, or efforts to interfere with our Products or engage with our Products in unauthorized ways (for example, automated ways). 

We and you agree that, by entering into this arbitration provision all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then only that commercial claim (or only that request for relief) may be brought in court. All other commercial claims (or requests for relief) remain subject to this paragraph. 

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions. 

If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. This notice of dispute to us must be sent to the following address: 

Resupix Pty Limited
Suite 2, Level 4
6 Eden Park Drive
Macquarie Park
NSW 2113
Australia 

The arbitration will be governed by the chosen party by Resupix Pty Limited, as modified by these Commercial Terms, and will be administered. If the chosen arbitrator is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Rules, except that we will pay for your filing, administrative, and arbitrator fees if your commercial claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). 

If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of these Commercial Terms containing an arbitration provision. Your notice to us under this subsection must be submitted to the address here: 

Resupix Pty Limited
Suite 2, Level 4
6 Eden Park Drive
Macquarie Park
NSW 2113
Australia 

All commercial claims between us, whether subject to arbitration or not, will be governed by the laws of New South Wales, Australia excluding New South Wales conflict of laws rules, except to the extent that New South Wales law is contrary to or pre-empted by federal law. 

If a commercial claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the the state of New South Wales and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. 

If any provision of this dispute resolution provision is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect 

 

2.3 Updates

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We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of our Products for business or commercial purposes, and so we encourage you to check them regularly for any updates. By continuing any access or use of any Resupix Products for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to the Disputes section of these Commercial Terms will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our Products for business or commercial purposes. 
 

2.3.1 Products for business or commercial purposes to the extent of the conflict. Resupix Terms, the Commercial Terms shall govern with respect to your access and use of the Resupix Conflicts and supplemental terms: If there is a conflict between the Commercial Terms

 

2.3.2 Products for personal purposes to the extent of the conflict. Resupix Terms, the Commercial Terms shall govern with respect to your access and use of the Resupix Conflicts and supplemental terms: If there is a conflict between the Commercial Terms.

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Supplemental terms and policies may also apply to your use of certain Products. To the extent those supplemental terms conflict with the Commercial Terms, the supplemental terms will govern with respect to your use of those Products to the extent of the conflict. For example: 

 

2.3.3 If you use Resupix Platform, you must agree to the Resupix terms and conditions. By "Platform" we mean a set of APIs, pages, plugins, code, specifications, documentation, technology, and services (such as content) that enable others, including application developers and website operators, to retrieve data from Resupix or any other Resupix Products or provide data to us. 

 

2.3.4 If you administer a Page you agree to our terms and conditions.

As with our Commercial Terms, we may make changes to these supplemental terms. By continuing to access or use any Resupix Products subject to supplemental terms after notice of any update to the supplemental terms, you agree to be bound by them. 

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2.4 Other

 

2.4.1 The Resupix Terms, these Commercial Terms, and other applicable supplemental terms make up the entire agreement between the parties regarding access or use of the Resupix Products for any business or commercial purpose, and supersede any prior agreements.

 

2.4.2 If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.

 

2.4.3 If we fail to enforce any of these Commercial Terms, it will not be considered a waiver.

 

2.4.4 Any amendment to or waiver of these Commercial Terms must be made in writing and signed by us.

 

2.4.5 You will not transfer any of your rights or obligations under these Commercial Terms to anyone else without our consent.

 

2.4.6 These Commercial Terms do not confer any third-party beneficiary rights.

 

2.4.7 You consent that Resupix may disclose your advertising content and Page posts (“commercial content”), and all information associated with such content your advertising, including information associated with the delivery of that content, in response to valid legal process related to an electoral matter or to a governmental entity or body if Resupix believes that disclosure would assist in a lawful investigation. 

 

2.4.8 All of our rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

2.4.9 Nothing in these Commercial Terms shall prevent us from complying with the law.

 

2.4.10 We reserve all rights not expressly granted to you.

 

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End-User License Agreement (EULA)

 

Last revised on April 7, 2020

 

This End User License Agreement (the "EULA") is a binding legal agreement between you, as an individual or entity, and Resupix Pty Ltd ("Resupix"). By downloading, installing, or using this application for Android, iOS or other mobile platforms, as applicable (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not check the "I accept the terms" box and do not use the Software.

 

You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by the EULA.

 

The Software is provided to you under this EULA solely for your private, non-commercial use. Use of the Software or of the Resupix content, information, membership functionality, job search, messaging or any other services (“Resupix Service”) within an organization or the use of multiple copies of the Software (except a back-up copy) requires a commercial license for the Software.

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1. Description of Software

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The Software is a downloadable software application that enables you to access Resupix functionality directly from your Android, iPhone, iPad or other mobile device supported by Resupix (“Device”).

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You may download the Software whether or not you use the Resupix Service, but you must associate it with your Resupix account to enable its full functionality.

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2. License

 

Resupix hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to:

 

• Use the Software for your own personal use;

• Install the Software on only one Device; and

• Make one copy of the Software in any machine-readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.

 

For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.

 

3. Title

 

Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with Resupix. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.

 

4. Restrictions

 

You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

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You may not:

• Create derivative works based on the Software;

• Use the software for any purpose other than as described herein;

• Copy or reproduce the Software except as described in this EULA;

• Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;

• Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or

• Remove or alter any proprietary notices or marks on the Software.

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5. Auto-Renewal Billing and Cancellation

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Resupix provides an annual auto renewal subscription service that allows you to access premium features of the app. This includes, but is not limited to, connecting to other members, messaging, endorsing posts by other users or being endorsed for the authenticity of pictures and videos that you post, managing your profile page for a use in a job application, or using our measurement services.

 

Usage of these premium services is bound by the Commercial Terms.

 

5.1 Downloading of the Resupix App and Cost.

 

The cost to download the Resupix Native mobile application is stated in the Apple Appstore and the Google Play Appstore. Depending on the country you are in and the Appstore jurisdiction, these prices may vary due to the different currencies that are used to charge for the app download.

 

5.2 Premium Live Annual Subscription.

 

The cost of the annual premium live subscription is stated within the Resupix app when you are in the settings page and when you click on the link to “Upgrade Plan”. This will lead you to a page that describes the premium features that are available and activated after you have accepted and paid for the subscription through the app store billing process.

 

5.3 Auto-renewal annual subscription

 

When you purchase the upgrade plan within the Resupix application, you are using the in-application purchasing mechanism to purchase the Upgraded plan to access the premium features of the application. This purchase is an Auto-renewable subscription which automatically purchases the subscription exactly 1 year from when you activated and purchased the upgraded plan. This auto-renewal subscription will be listed in your app store's subscription listing where you can make changes or cancellations to the subscription.

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5.4 Billing Cycle.

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The subscription fee for the Resupix Premium Live access to features and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your Appstore subscription "Account" page. The length of your billing cycle will be an annually billed subscription. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month of the year. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it for up to approximately one year of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period where it is offered.
 

5.5 Payment Methods. 

 

To use the Resupix Premium live subscription you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
 

5.6 Updating your Payment Methods. 

 

You can update your Payment Methods by going to the app-stores "Account" page. We may also update your Payment Methods using the information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

 

5.7 Cancellation. 

 

You can cancel your Resupix Premium live subscription at any time, and you will continue to have access to the Resupix Premium live subscription through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods. To cancel, go to the app-store subscription "Account" page and follow the instructions for cancellation. If you cancel your subscription, your access to premium features of the app will automatically be disabled at the end of your billing period. To see when your premium subscription will stop, go to the app-stores Subscription services on the "Account" page. If you signed up for Resupix Premium live subscription using your account with a third party as a Payment Method and wish to cancel your Resupix Premium live subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Resupix Premium live subscription through that third party. You may also find billing information about your Resupix Premium live subscription by visiting your account with the applicable third party.

 

5.8 Changes to the Price and Subscription Plans. 

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We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

 

 

6. Personal Information and Privacy

 

We may ask you to provide certain information about you during the Software downloading process. All personal information that you provide to us will be governed by the Privacy Policy, which is available at http://www.resupix.com/privacy-policy. You may use the Software whether or not you use the Resupix Service. If you use the Resupix Service, the personal information you provide to Resupix will also be governed by the Privacy Policy. By choosing to use the Software and/or the Resupix Service, you indicate your understanding and acceptance of the terms of use (available at http://www.resupix.com/terms-and-condition) and the Privacy Policy. You understand and agree that Resupix may disclose the information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of this EULA, or protect the rights, property, or safety of Resupix, its users, or the public.

 

7. No Warranty

 

RESUPIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR-FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. RESUPIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

 

8. Right to Terminate or Modify Software

 

Resupix may modify the Software and this EULA with notice to you either in email or by publishing notice on the Website, including but not limited to charging fees for the Software, or changing the functionality or appearance of the Software. In the event Resupix modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Resupix may terminate your use of the Software, the EULA or the Resupix Service at any time, with or without notice.

 

9. U.S. Government Restricted Rights

 

The Software and accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software - Restricted Rights), as applicable. The manufacturer is Resupix Pty Ltd, Suite 2, Level 4, 6 Eden Park Drive, Macquarie Park, NSW 2113, Australia.

 

10. Open Source

 

The Software may contain or be provided together with open-source software. Each item of open source software is subject to its own applicable license terms, and/or in the Software documentation or the applicable help, notices, about or source files. Copyrights to the open-source software are held by the respective copyright holders indicated therein.

 

11. Indemnification

 

By accepting the EULA, you agree to indemnify and otherwise hold harmless Resupix Pty Ltd, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.

 

12. Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RESUPIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESUPIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL RESUPIX'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO RESUPIX. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

13. Export Restrictions

 

This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export from Australia of the Software or information about such Software which may be imposed from time to time by the government of New South Wales, Australia. You shall not export the Software or information about the Software without consent of Resupix and compliance with such laws, regulations, orders or other restrictions.

 

14. General

 

The EULA between you and Resupix Pty Ltd will be governed by and construed in accordance with the laws of the State of New South Wales, Australia without regard to conflict of laws principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal court or state court sitting in the State of New South Wales, Australia. The EULA constitutes the entire agreement between you and Resupix regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Resupix and its logos, and other Resupix logos and names are trademarks of Hashtagaboutme Pty Ltd.

 

You agree not to display or use these trademarks in any manner without Resupix's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.