Thank you for downloading our mobile application AcuVal  (app). This app is owned and operated by AcuVal Pty Ltd (ABN: 21 651 442  376). By accessing and/or using this app and related services, you agree to these Terms and Conditions (Terms), which include our Privacy Policy available at http://www.acuval.com.au/term-conditions . You should review our Terms, including our Privacy Policy, and immediately cease using our app if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means [AcuVal Pty Ltd] .

AcuVal is software that provides a tool for a jeweller or valuer to create and complete a valuation certificate, and then send this certificate to their customer via the app. The valuation certificate may also be sent to insurers and other professionals. The app stores and records valuation certificates as a repository.

AcuVal does not take responsibility for the information entered into a valuation certificate. This information is entered by the jeweller and their customer and is confirmed and saved at the sole discretion of the jeweller or valuer, who creates and completes the valuation certificate.

The person entering this information is responsible for this information.

1                Registration

You will need to be first register on the app to access the app and access all the features of the app.

In order to register, you will need to elect as : (1) A provider of valuations , or (2) A recipient of a valuation. In both cases you will need to provide: Your full name; and your email address. If you elect to be a provider of valuations, you will need to further provide details of your business and credentials and bona fide’s as needed to be appear on the certificates you create, in order to satisfy your customer.

We will handle all personal and business information that we collect in accordance with our Privacy Policy http://www.AcuVal.com.au/privacy.

When you register and activate your account, we will provide you with a user name, password and AcuVal membership number. You are responsible for keeping these credentials secure and are responsible for all use and activity carried out under these credentials.

To create an account, you must be:

• • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree and warrant to use the app in accordance with these Terms.

2                Collection Notice

We collect personal information about you in order to respond to your enquiry, process your registration, provide you with all the features of the app and for purposes otherwise set out in our Privacy Policy at http://www.AcuVal.com.au/privacy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you. We may also disclose your personal information to recipients that are located outside of Australia, including to our development team located in Vietnam and Romania. We do not disclose banking or payment information.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at admin@acuval.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3                Accuracy, completeness and timeliness of information

The information on our app is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our app, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this app. You should monitor any changes to the information contained on this app.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this app or a linked app. You must take your own precautions to ensure that whatever you select for your use from our app is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the app (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the app updated. We are not liable to you or anyone else if errors occur in the information on the app or if that information is not up-to-date.

4                Promotions

For certain campaigns and promotions, additional terms and conditions may apply. If you want to participate in such a campaign or promotion, you need to agree to the relevant terms and conditions applicable to that campaign or promotion. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5                Purchases

The terms and conditions of sale are included here. These include:

5.1            How an individual may buy a product or service

The app is sold as a service for a specified valuation certificate, per valuation certificate. The app is licensed to you to use the software for the purpose of creating one valuation at a time, per valuation certificate. You will only be charged for creating a valuation certificate, and when each valuation is completed you may still use the other features of the App without being charged. You will be eligible for all incremental feature and security updates released during the term of your registration.

5.2            Order confirmation

Our app is ordered via the Apple App store and Google Play store. These links are available from our website, http:///www.acuval.com.au .

5.3            Updates

At some point we may wish to update the app either to provide new features or cater for changes to the underlying operating system platform (platform).

The app is currently available on the Android and iOS platforms. We may update the software for both these platforms and for any additional future platforms, and you will need to download the updated version of the app, if you want to keep using the app, when these updates offered to you.

AcuVal will endeavor, but does not promise, that it will always update the app so that it is relevant to you and/or works with your mobile phone device.

5.4            Termination

We may terminate use of the app at any time without giving notice to you. Unless we tell you otherwise, upon termination, (a) the license granted to you in these terms and conditions will end; (b) and you must cease from using the app immediately, and if needed delete it from your device

5.5            Pricing policy

The app is priced on a per use basis. Refer to pricing schedule at registration for further details. Prices may change at any time without notice.

5.6            Payment methods and security

Payments are accepted by Paypal, Mastercard and VISA card, and by direct debit.

5.7            Purchasing limits

Purchasing is limited to the per valuation certificate price.

5.8            Appstore guarantees

There is no purchasing fee to download the app from the App stores (google play store and Apple App store) and to have access to use the app as specified in the app stores. If you have a problem receiving the app, after download has been made, refer to the website for further assistance, www.AcuVal.com.au.

5.9            Deliveries and insurance

We do not provide any delivery mechanism or insurance other than that provided by the app stores.

5.10        Cancellation of payments

We do offer cancellation of Orders for Customers requesting a valuation. We do not offer any refund for Jewellers and Valuers following the successful completion and payment of a valuation certificate.

5.11        Returns and exchanges

We do not provide returns or exchanges.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION

6                Sharing of Information

This app provides a platform for sharing jewellery valuation information between Customers and Industry Professionals; typically: Jewellers, Valuers, Insurers and Law Enforcement Agencies. We do require Customers and Professionals to identify themselves before using the app, but we are unable to guarantee that the jewellery valuation information and other information that is published on the app, will not be viewed or used by parties other than the Customers and Professionals registered on the app.

We also do not warrant that this information that you provide is not used in a detrimental way to you or your business.

7                Linked sites

Our app may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

8                Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this app and in all of the material (including all text, graphics, logos, audio and software) made available on this app (Content).

Your use of this app and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this app or the Content. However we do grant you a licence to access the app and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this app or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this app, the Content or any part of it is prohibited, except to the extent permitted by law.

9                Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our app, including but not limited to:

• • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this app to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this app any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
  • Purposefully overload the app by entering extreme amounts of data or using the app with an extreme frequency other by hand or by a software robot, with the intent of negatively effecting the performance of the app to other users.

If we allow you to post any information to our app, we have the right to take down this information at our sole discretion and without notice and restrict your use of the app or terminate your use of the app without notice.

10             Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this app or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this app will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this app, any content, or any feature of this app at any time without notice and we will not be responsible for any consequential loss, cost, damage or liability that may arise as a result.

11             Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our app and/or the information or materials contained on it, or as a result of the inaccessibility of this app and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

12             Jurisdiction and governing law

Your use of the app and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Last updated: 9 July 2021