Terms and Conditions

Terms of Use

REMPIC  TERMS OF USE
Please read these terms of use carefully before using the Site.

The Rempic Mobile Application (the “Application”) and the Rempic website (located at www.rempic.com (the “Site”) are owned, controlled and operated by Rempic  and Signs by Knight Pty Ltd (“we”, “our”, “Rempic” or “us”).

The terms and conditions set out below (the “Terms of Use”) apply to your use of the Application and/or the Site (jointly and severally the “Services”). The Services are available for you to use conditional on your acceptance of the Terms of Use. Provided you comply with the Terms of Use, Rempic grants you a personal, non-exclusive, non-transferable, conditional and revocable licence to access and use the Services.

By accessing or using the Services, you agree to be legally bound by these Terms of Use. Rempic reserves the right to amend these Terms of Use at any time. Notice of any amendments will be displayed on the Site. Your continued use of the Services following such alterations to the Terms shall constitute acceptance by you of those alterations. You should familiarise yourself with the Terms of Use and check for updates regularly. If you do not agree to the Terms of Use, you should stop accessing or using the Services.

  1. Application of Terms of Use

1.1 These Terms of Use shall apply to your use of the Services, including any information, features or content embodied within the Services (“Content”).

  1. Description of Services

2.1  The Application is available to you to take photographs using your device, engage others to autograph user-generated photographs and share photographs on social media and third- party platforms.

2.2  The Site is available to you to provide information about our Application, news, promotions, updates to our Services and our contact details.

2.3  Rempic reserves the right to alter, update, modify, refuse or terminate access to one or all of the Services at any time, without prior notice to you.

  1. Submitting Information

3.1  Your use of the Services may involve the submission of Personal Information (as defined in our Privacy Policy – link) (the “Privacy Policy”) via a form, account registration process or other communication. In the event you are required to submit your details, you agree to provide true, accurate and complete Personal Information. With the exception of people or entities with the express authorisation to do so, you shall not submit details on behalf of any other person.

3.2  You agree that Rempic will keep and maintain records of your Personal Information in accordance with the Privacy Policy (link).

  1. Use Of Services

4.1  Your access to, and use of the Services is subject to conditions. Violation of any of the below conditions may result in Rempic referring the matter to the relevant authorities and/ or Rempic taking other appropriate action in its sole discretion. The list at paragraph 4.2 is non-exhaustive.

4.2  You agree that by using the Services, you shall not:

  1. Interfere Obtain or attempt to obtain unauthorised access to the Site, the Application, its application framework (API), the Content or any user information through hacking, use of automated devices, scripts or bots, or other illegitimate means;
  2. Interfere or attempt to interfere with the proper working of the Site or the Application,c. Use the Services for any purpose that is illegal, unlawful or prohibited by these Terms of Use;
  3. Create, submit or send unwanted commercial or harassing communications (“Spam”) in the course of using the Services; and
  4. Submit information via automated devices, scripts or bots.

4.3  You are to comply with all laws and regulations applicable to the use of the Services.

4.4  You are solely responsible for your conduct in the course of using the Services, including any interaction with other users or Rempic. Rempic are not required to become involved in any complaint or dispute arising between users, but maintain the right to terminate any user’s access to the Services at their sole discretion.

4.5  Rempic reserves the right to investigate and prosecute any violations of these Terms of Use to the full extent of the law, and may involve and cooperate with relevant authorities in order to do so.

  1. User-Generated Content

5.1  You are solely responsible for any data, photographs, signatures, text, audio, video, usernames, profile information, links or any other such content or material you submit or display via the Services (“User Content”).

5.2  You warrant that your User Content is not defamatory, malicious, offensive, confidential, infringing or of a violent or pornographic nature. You warrant that your User Content does not infringe legislation or regulations of any applicable jurisdiction. You agree that any legal consequences arising from a claim or action for infringement of any such legislation or regulation are your sole responsibility and you are wholly liable. Rempic takes no responsibility for User Content submitted via its Services, but maintain the right to remove, block, edit or monitor User Content at their sole discretion.

5.3  By uploading User Content via the Services, you warrant that you wholly own and control all applicable intellectual property rights in the content, or have the authority to submit or display that content.

5.4  You shall retain ownership over User Content however you hereby grant us a perpetual, non- exclusive, fully paid and royalty-free, transferable, sub-licenceable, worldwide licence reproduce, exploit or otherwise use your User Content uploaded via the Services subject to .

5.5  You hereby acknowledge and agree that the Services may, from time-to-time, interface with third-party platforms such as Facebook (“Third Party Sites”) for the purpose of sharing User Content uploaded to the Services and that accordingly your User Content may be shared on Third Party Sites. You warrant that any User Content shared to a Third Party Site via the Services will be subject to the applicable Terms of Use of that platform. You further warrant that you have the necessary rights to share User Content on Third Party Sites.

5.6  You further warrant the following:

  1. You will not infringe the rights of any other person or constitute a breach of any agreement you may have with any person by uploading and sharing User Content via the Services and Third Party Sites;
  2. You will obtain all necessary authorities, licences, permissions, clearances, approvals and consents required to upload and share User Content via the Services and Third Party Sites including without limitation performers’ protection consents and trademark licences;
  3. You shall not, or allow others to create, edit or manipulate your User Content for any illegal, unlawful or illegitimate means, including User Content that is or has been shared to Third Party Sites.

5.7 You warrant that you have the full capacity to agree to be legally bound by these Terms of Use and to provide the warranties regarding User Content set out in paragraphs 5.1 through 5.6.

  1. Rempic Intellectual Property

6.1  The intellectual property in the Site, the Application, the Content and the application framework (API), including without limitation text, graphics, artwork, logos, software, trade marks, designs, copyrights, compilations and audio and video content, as well as the structure, layout, user interface and ‘look and feel’ of the Services (“Rempic IP”), is exclusively owned and controlled by Rempic and/or its third-party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights.

6.2  You are not permitted to use, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, licence or otherwise exploit Rempic IP unless you have the express written authorisation of Rempic. Any unauthorised use of Rempic IP by you is strictly prohibited.

6.3  Notwithstanding paragraph 6.2, you are permitted to copy and print hard-copy portions of the Rempic IP for the purpose of informative and non-commercial purposes only. Any other use of the Content is strictly prohibited and subject to applicable laws governing intellectual property rights.

6.4  Notwithstanding paragraphs 6.2 and 6.3, User Content generated via the Services and/or shared to Third Party Sites may embody elements of the Rempic IP as part of the Application framework. To this extent only, incidental and accidental use of the Rempic IP is permitted.

  1. Disclaimers & Limitation of Liability

7.1  Rempic, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates disclaim all warranties, guarantees, representations or specific promises as to the functionality, reliability or availability of the Services, including warranty of fitness for purpose, to the extent permitted by statute. Rempic takes no responsibility for any error, interruption or defect resulting from technical fault or otherwise, and you acknowledge and agree that your use of the Services is on an “AS-IS” basis to the extent permitted by statute. Rempic reserves the right to perform maintenance of the Services without notice to you.

7.2  The Services may from time-to-time, host ‘hyperlinks’ to third-party websites. These links are for convenience only, and do not imply endorsement of third-party content. Rempic is not responsible for any material contained on these third-party websites accessed via these hyperlinks, and any dealings between you and third-parties are your sole responsibility.

7.3  Rempic is not responsible or liable for User Content that is created, or otherwise appears via the Services, including any and all User Content that is shared to Third Party Sites.

7.4  Rempic is not responsible or liable for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise), consequential, exemplary or aggravated damages arising from:

  1. Your use of, or inability to use, the Services;
    b. The failure by Rempic or other third parties to provide any information, service,feature or functionality via the Services
    c. The unauthorised submission of information to the Services;
    d. Statements or conduct of any third party using the Services;
    e. Your use of third-party services (including any sharing to Third Party Sites) in conjunction with the Services;

7.5 You hereby acknowledge and confirm that you are on notice of Rempic’s disclaimer of warranties and limitation of liability set forth in these Terms of Use and that you expressly agree to these disclaimers and limitations as a condition of using the Services.

  1. Indemnities

8.1 You agree to indemnity and hold Rempic harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Rempic by you or any third party due to, arising out of, or in any way connected to any of the following (including as a result of your direct activities on the Services or those conducted on your behalf):

  1. Your access to and/or use of the Services
    b. Uploading User Content via the Services or sharing User Content on Third Party Sites;
    c. Breach or alleged breach of these Terms of Use;
    d. Violation of any third-party right, including any intellectual property right,confidentiality, property or right to privacy;
    e. Violation of any laws, rules, regulations, statutes or order of any governmental and quasi-governmental authority;
    f. Any misrepresentation made by you to a third party; and
    g. Any information submitted to Rempic via the Services or other communications.
  2. Jurisdiction / Choice Of Law

9.1 These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any conflict of laws principle applicable in other jurisdictions. Any claim, cause of action or dispute arising out of these Terms of Use or relating to the use of the Services will be resolved exclusively in the Supreme Court of Victoria or applicable lower court, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.

  1. Termination

10.1  You agree that Rempic may terminate access to the Services provided to you at any time, at our sole discretion, without notice to you, if we have reason to believe that you have failed to comply with these Terms of Use, or for any other reason.

10.2  You may wish to terminate this agreement under these Terms of Use, by ceasing to use the Services at any time and deleting the Application. Upon deleting the Application, you agree that you will cease to have access to all User Content uploaded by you to the Application and that Rempic shall be under no obligation to store your User Content and to provide you with future access to such User Content.

10.3  Notwithstanding paragraphs 10.1 and 10.2:

  1. Any Personal Information or non-personal statistical information collected under these Terms of Use and the Privacy Policy may continue to be stored, used or disclosed within the scope of the purposes described in the Privacy Policy; and
  2. We may store any User Content on our servers at our discretion, whereby our rights under clause 5.4 shall continue in perpetuity.
  3. Miscellaneous

11.1  You are not permitted to transfer or assign these Terms of Use, or any of your rights or obligations under these Terms of Use, without the express written consent of Rempic. Rempic is free to assign these Terms of Use and its rights and obligations under these Terms of Use at its discretion.

11.2  In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Use, but these Terms of Use shall be construed as if such provisions had never been contained herein.

11.3  Rempic shall not accept any counter-offers to these Terms of Use.

11.4  The fact that a party fails to do, or delays in doing, something the party is entitled or obligated to do under these Terms of Use, does not amount to a waiver of any obligation of, or breach of obligation by, any other party.

Privacy Policy

REMPIC PTY LTD PRIVACY POLICY

We take the protection of your personal information seriously.

Please read this privacy policy carefully before using the Rempic mobile application (the “Ap- plication”) and/or the Rempic website located at www.signmyphoneapp.com (the “Website”). Your use of the Application and/or the Website (jointly and severally the “Services”) constitutes your acceptance of this Privacy Policy (the “Privacy Policy”).

If you (“you”, “your or “User”) do not agree to the terms of this Privacy Policy, you should cease immediately your use of the Services. Rempic reserves the right to amend this Privacy Policy at any time. Notice of any amendments will be displayed on the Website. You should familiarise yourself with this Privacy Policy and check for updates regularly.

Rempic Pty Ltd (“we”, “our”, “Rempic” or “us”) adheres to the Privacy Act 1998, which includes the amendments made by the Privacy Amendment Act 2000 and the Privacy Amend- ment (Enhancing Privacy Protection) Act 2012, governing the collection, use, handling and disclosure of Personal Information. This Privacy Policy is written in accordance with, and conforms to, the Aus- tralian Privacy Principles.

PLEASE READ CAREFULLY

This Privacy Policy governs how we collect and use your personal information obtained through your use of the Website and the Services, and your interactions with Rempic. For the purpose of this Privacy Policy, “Personal Information” includes any information or opinion, whether true or false, about a person who is identified or whose identify can reasonably be established. Personal In- formation is not limited to information committed to a material form.

Types of Personal Information we collect may include, without limitation, your name, age, date of birth, email address, photographs and other user-generated content uploaded to and/or stored on our servers. We may also collect non-personal statistical information, such as analytics and cookies data, IP address, geographic information and specifications of your device used to access the Services.

  1. Consent

By continuing to use the Services, you hereby consent to our collection, use and disclosure of your Personal Information for the purposes specified in this Privacy Policy.

  1. Collection of Information:

We solicit and collect Personal Information where reasonably necessary for the proper function of our Website and/or our Application. We collect Personal Information:

  1. From Users – when we receive enquiries or correspondence via the Website;
    b. From Users – when they sign up to our mailing list via the Website;
    c. From Users – through the use of browser ‘cookies’ or trackers;
    d. From Users – when the Application is downloaded via the Apple or Android App Stores;
    e. From Users – when the Application is accessed on your device; and
    f. From Users – when the Application is used on your device.

Additionally, we may collect information that has not been directly solicited from you, and is reason- ably necessary for the proper function of our Services. Where such unsolicited information falls out- side this reasonable necessity, we undertake to destroy and/or de-identify the information as soon as practicable.

  1. Anonymity & Pseudonymity:

While you are permitted to use our Services anonymously or pseudonymously, you may only do so inso- far as it is practical for the proper function of the Services.

  1. Use and Disclosure:

Any Personal Information collected of the type described may be used or disclosed for the following purposes:

  1. In the course of the regular operation of the Website and/or the Application;
    b. To respond to feedback and complaints;
    c. For the development of new services or products;
    d. To better understand User trends and usage patterns;
    e. For the enforcement of our Terms of Use; and
    f. For direct marketing purposes (see paragraph 5 below for more information).

In addition to the abovementioned purposes, your Personal Information may be used or disclosed for any of the Permitted General Situations outlined in s. 16A of the Privacy Act 1988 (Cth), including but not limited to use or disclosure for evidentiary purposes in establishing or defending a legal or equi- table claim, serious threats to public health or safety, or assistance in locating missing persons. We may be compelled by operation of law to disclose any information relating to you, including your identity and contact details.

  1. Direct Marketing:

Your Personal Information may be used to offer you new products and services, notify you of new de- velopments to our existing Services, or any other commercial communication. By continuing to use the Services, you hereby consent to such marketing communications. If you do not wish to receive direct marketing communications from us, you may opt-out by contacting info@signmyphone.com. We will always give you an opportunity to opt-out of receiving future marketing communications. We may contact you by email or within the Application.

  1. Third-Party and Cross-Border Disclosure:

From time-to-time, it may be necessary for us to share your Personal Information with third-parties in order for you to fully utilise our Services, including third-parties outside Australia. We take reasonable measures to see that these entities will respect your privacy in line with the Australian Privacy Princi- ples or their international equivalent.

  1. External Websites:

This Privacy Policy applies solely to information collected with regard to our Services. We take no responsibility for the collection of information and/or privacy practices of any third-party websites or applications that may be accessible via a ‘hyperlink’ on the Rempic Website and/or Applica- tion.

  1. Access and Corrections to Your Personal Information:

You may, in writing, request that we provide you with items of your Personal Information. You do not need a reason for making such a request, however you may be charged for reasonable expenses that we incur in preparing and sending you a copy of your Personal Information. We reserve the right to refuse access to your Personal Information where the claim would impact the privacy of others, the information is commercially sensitive or the request is frivolous or vexatious.

We will take reasonable steps to see that your Personal Information collected and stored is accurate, up-to-date and complete. To assist us, please ensure you provide us with your correct details, and let us know if you believe the information we have about you is inaccurate, incomplete, out of date or misleading. In this event, we will take reasonable steps to correct the information.

We may take steps to destroy or permanently de-identify information when it is no longer needed for any purpose for which it may be used or disclosed. We may retain and use de-identified information or statistical data collected, including in the event that you cease to use the Services. If you believe the Personal Information collected or used by us or a third party is false or inaccurate, you have a right to have this information corrected. We will endeavour to correct this information within reason- able time, at no expense to you.

  1. Cookies, Trackers and Analytics.

We may use “cookies” technology to store data on your computer using the functionality of your browser. Many websites do this because cookies allow the website publisher to do useful things like find out whether the computer has visited the site before. You can modify your browser to prevent cookie use but if you do this our Services may not work properly. The information stored in the cook- ie is used to identify your browser or device. This enables us to operate an efficient service and to track the patterns of behaviour of Users of the Services. In the course of serving advertisements to the Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by any such third-party advertiser or tracker is not subject to this Privacy Policy, but subject to the privacy policy of the relevant entity.

We may use Google Analytics data, which collects statistical information about visitors to the Website and/or the Application, including but not limited to IP addresses, geographical location, how you ar- rived at the Website and information about the device being used to access the Services such as the browser or operating system. Google Analytics data is collected through cookie technology, and sub- ject to the terms of Google’s Privacy Policy. You may opt-out of this cookie by installing this browser extension: https://tools.google.com/dlpage/gaoptout

  1. Security of Your Personal Information:

We will take reasonable steps to protect your Personal Information from interference, misuse, loss, unauthorised access, modification or unauthorised disclosure. We will take reasonable steps to see that your Personal Information is protected while stored by us, and de-identified once no longer re- quired.

  1. Transfer in Certain Circumstances

If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisa- tion or liquidation of Rempic then, in our sole discretion, we may transfer, sell or assign Per- sonal Information collected to one or more relevant third-parties.

  1. Questions and Complaints:

If you have any questions about this Privacy Policy, or if you wish to request access to your Personal Information, correct or update you details or raise any privacy concerns you may have, please contact us at the contact details below.

Rempic also has a formal complaints process regarding the use or misuse of your Personal In- formation. If you believe we have breached our obligations under this Privacy Policy or the Australian Privacy Principles, please contact us at the contact details below.

  1. Our Contact Details:

print@rempic.com

For further information on your privacy rights go to: www.privacy.gov.au

Notice of Risk

This product may cause property damage if applied to an unsuitable surface. We recommend using your test Rempic on the area first. Rempic take no responsibility for any property damage that may be caused.