Divvito (“Divvito”, “we,”, “us” or the “Service”) is a messaging application accessible through the iPhone or Google Play app stores (the “App”) that allows you to communicate with the other parent. Divvito is owned and operated by Divvito Pty Ltd, an Australian corporation, ABN 25 604 923 220, established in the State of Queensland. As a customer of the Service or a representative of an organisation that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”). Any Member you link your account to is a “Shared Account Holder” (or “Shared Member”). Divvito has employees, independent contractors, and representatives (“our Team”) who service the App and its Members.
In order to use Divvito, you must:
1. be at least eighteen (18) years of age and legally capable of entering into contracts;
2. complete the sign-up process;
3. agree to the Terms; and
4. provide complete, true and current information.
By using Divvito, you represent and warrant (ie, legally promise) that you meet all the requirements listed above, and that you won’t use Divvito in a way that violates any laws or regulations.
The Term begins when you sign up to Divvito for personal use or on behalf of an organisation or entity, and continues while you’re using the Service. Downloading the app and logging in via Facebook or Gmail means that you’ve officially “accepted” the Terms. If you sign up on behalf of an organisation or entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
4. Closing Your Account
You or Divvito may terminate this Agreement at any time and for any reason by giving Notice to the other party. Divvito may suspend its Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s a violation of these Terms. Once terminated, we may permanently delete your account from our App and all the data associated with it.
5. Use of Account
Certain content in your account is shared with your approved Shared Account Holder and is for the positive benefit of both parties and their dependents. All shared content can be used by either party for documentation in legal proceedings. Unacceptable use of your shared account, as outlined below, will not be accepted:
• according the United Nations regarding domestic violence, ‘any acts of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. This includes, but is not limited to, physical, sexual and psychological violence’.
If you violate these Terms, we may suspend or terminate your account. If you violate these Terms, all documentation can be used as evidence in any legal proceedings brought against you. We may also suspend or terminate accounts where we see content, behaviour, or other factors that pose a threat to our system.
6. Account and Password
To ensure the security of your information stored on Divvito, we use Gmail and Facebook login so no password information is stored by Divvito. Notify us immediately of any unauthorised use of your account. We’re not responsible for any losses due to stolen or hacked Facebook or Gmail passwords.
Our account charges are posted on our App and may be changed from time to time. New pricing structures will also be sent to you by email.
8. Beta App free plan
Until such time that Divvito deems fit, the service is in beta mode and free for account holders to use. We will notify you in advance when the App will cease to be in beta mode and when charges will commence.
9. Yearly Plans
Our yearly charges will be posted on our public website and may be changed from time to time. Payments are due for any year on the same date to the day you made your first yearly payment (the “Pay Date”). If you close your account mid-year, no prorated refund is offered for the remaining period of the year. You can revise your subscription to a monthly plan at any time prior to the Pay Date.
10. Credit Cards
As long as you’re a Member, you’ll provide us with valid credit card information and authorise us to deduct yearly charges against that credit card. Anyone using a credit card represents and warrants that they are authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email or mobile and suspend your account until your payment can be processed or new information for any credit card that expires is updated with valid information.
We’ll give you a refund at a pro rata rate to the yearly charge if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
12. Proprietary Rights Owned by Us
You will respect our proprietary rights, including but not limited to patents, trademarks, service marks, trade secrets, and copyrights, and the software used to provide Divvito.
13. Proprietary Rights Owned by You
15. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the App and the Services, including any downloads from the App. We and our Team won’t be liable for any indirect, special, punitive or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
17. No Warranties
We provide the material on the App and the Service as is to the maximum extent permitted by law. We make no warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Divvito for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or another provision. You also agree to indemnify and hold us harmless from any losses, including legal fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
19. Legal Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable legal fees and any damages or other relief we may be awarded.
20. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include legal professional and employee time spent retrieving the records, preparing documents, and participating in a legal proceedings.
We and our Team aren’t responsible for the behaviour of any other Members of Divvito.
22. Revisions and Errata
The materials appearing on the App and public website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice. We do not, however, make any commitment to update the materials.
We have not reviewed all of the sites linked from the public website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at your own risk.
25. Governing Law
Any claim relating to the App shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions.
Revised: Feb 12 2018 © Divvito