DIVVITO TERMS OF USE

Welcome and thanks for signing up to Divvito Messenger (the "App") or using Divvito (the "Website"). By using Divvito (the "App" or "Website") you’re agreeing to these Terms of Use (“Terms”) so please read carefully as this is a legally binding agreement. We request that you read in conjunction with our Privacy Policy. If you have any questions about our Terms, feel free to contact us. These Terms are valid as of January 1st, 2021.

Definitions

Divvito (“Divvito”, “we,”, “us” or the “Service”) helps separated parents communicate more effectively around the shared care of their kids through the URL divvito.com (the “Website”) and Divvito Messenger, available to download via the App Store and Google Play (the "App").

Divvito is operated by Relationships Australia (NSW) Limited, an Australian business, ABN 73 000 509 982, based in the State of New South Wales, Australia. 

As a customer of the Service or a representative of an organization 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”). Relationships Australia (NSW) Limited has employees, independent contractors, and representatives (“our Team”) who service the Website and the App and its Members.

ACCOUNT

1. Eligibility

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.

2. Term

The Term begins when you sign up to Divvito for personal use or enter into an agreement on behalf of an organization or entity to provide Divvito to your clients 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 organization or entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Changes

We may change any of the Terms by posting revised Terms of Use here, in our App and/or by sending you an email. The new Terms will be effective immediately and apply to any continued or new use of Divvito. We may change the Website, the Service, or any features of the Service at any time.

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 yearly subscription. 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:

• domestic violence according to the United Nations – 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’.

All other details are private. Refer to our Privacy Policy.

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 provide the option to use Gmail and Facebook login so no password information is stored by Divvito. Logging in via Gmail or Facebook does not give those providers access to your messages, it only provides us an authorisation to use your password stored with those accounts. Notify us immediately of any unauthorized use of your account. We are not responsible for any losses due to stolen or hacked Facebook or Gmail passwords.

PAYMENT

7. Charges

Our account charges are posted on our Website and via the App and may be changed from time to time. New pricing structures will also be sent to you by email.

8. Free trial

Until such time that Divvito deems fit, the Enhanced service is free for account holders to use for 30 days, ie "Trial Mode". We will notify you in advance when the App will cease to be in Trial Mode and when charges will commence.

9. Yearly Subscriptions

Our yearly charges will be posted on our 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. 

10. Credit Cards

As long as you’re a Member, subscribed to a paid subscription, and have enabled auto-renew via your app store account, you've authorized Divvito to deduct yearly charges against the credit card connected to the app store. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If the app store is unable to process your credit card order, your account will be downgraded to the basic 'FREE' version until your payment can be processed or new information for any credit card that expires is updated with valid information.

11. Refunds

We will only give you a refund at a prorata 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.

RIGHTS

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

You represent and warrant that you have permission to use all of the material associated with your account. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

14. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

ABUSE

15. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately via support@divvito.com.

LIABILITY

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 year will be no more than what you paid us for the Service the year 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.

18. Indemnity

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 legal proceedings.

21. Disclaimers

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 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.

23. Links

We have not reviewed all of the sites linked from the Website and are not responsible for the contents of any such linked sites. 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.

24. Site Terms of Use Modifications

We may revise these Terms of Use at any time without notice. By using Divvito you are agreeing to be bound by the then current version of these Terms of Use.

25. Governing Law

Any claim relating to Divvito shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions.