Terms and Conditions
1. About the Website
1.1. Welcome to www.okkular.io (the ‘Website’). The Website generates descriptive tags, attributes and provides product recommendations through visual search analysis. (the ‘Services’).
1.2. The Website is operated by Okkular PTY LTD (ACN 168 998 721). Access to and use of the Website, or any of its associated Products or Services, is provided by Okkular. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Okkular reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Okkular updates the Terms, it will use its reasonable endeavours to provide you with a notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Okkular in the user interface.
3.1. For some parts of Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address;
- Preferred username;
- Mailing address;
- Telephone number;
- Full name; and
- Payment details.
3.5. You warrant that any information you give to Okkular in the course of completing the registration process will always be accurate, correct and up to date. Okkular is not liable for any intentional or inadvertent error made on the information provided by you to Okkular.
3.6. Failure to provide Okkular with accurate information and failing to maintain the information current at all times, constitutes a breach of the Terms and may result in immediate termination of your account.
3.7. You are responsible for safeguarding the password that you use for access to the Services and for any activities or actions under your password, whether your password is with our Service or a third-party service.
3.8. You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
3.9. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
3.10. At the end of each Subscription Period, your Subscription will be automatically renewed under completely identical conditions unless you change or cancel your Subscription. Okkular may also change the terms of or cancel your Subscription.
3.11. You may cancel your Subscription renewal either through your online account management page or by contacting Okkular Customer Support team.3.12. You may not use the Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with Okkular; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Free trial
4.1. Okkular may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
4.2. You may be required to enter your billing information in order to sign up for the Free Trial.
4.3. If you enter your billing information when signing up for the Free Trial, you will not be charged by Okkular until the
Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be
automatically charged the applicable Subscription Fees for the type of Subscription you have selected.
4.4. At any time and without notice, Okkular reserves the right to:
a). modify the terms and conditions of the Free Trial offer; or b). cancel such Free Trial offer.
5. Your obligations as a Member
5.1. As a Member, you agree to comply with the following:
a) you will use the Services only for purposes that are permitted by:
the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of
your password by any other person may result in the immediate cancellation of the Services;
c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to
immediately notify Okkular of any unauthorised use of your password or email address or any breach of security of
which you have become aware;
d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the
purposes of Okkular providing the Services;
e) you will not use the Services or the Website in connection with any commercial endeavours except those that are
specifically endorsed or approved by the management of Okkular;
f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email
addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the
Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Okkular
for any illegal or unauthorised use of the Website; and
h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
a) PayPal (‘PayPal’)
b) Credit Card
6.2. All payments made in the course of your use of the Services are made using PAYMENT GATEWAY PROVIDER. In
using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that
you have read, understood and agree to be bound by the PAYMENT GATEWAY PROVIDER terms and conditions which
are available on their website.
6.3. You shall provide Okkular with accurate and complete billing information including your full name, address, State,
postal code, telephone number and a valid payment information. By submitting such information, you automatically
authorise Okkular to charge all Subscription Fees incurred through your account to any such payment instruments.
6.4. In the event that the automatic billing fails to occur for any reason, Okkular will issue an electronic invoice
indicating that you must proceed manually within a certain deadline date with the full payment corresponding to the
billing period as indicated on the invoice.
6.5. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied,
for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any
costs, including banking fees and charges, associated with the Subscription Fee .
6.6. You agree and acknowledge that Okkular can vary the Subscription Fee at any time and that the varied
Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
7. Fee Changes
7.1. Okkular, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. Any changes made to the Subscription Fee will take effect at the end of the then-current Subscription Period.
7.2. Okkular will provide you with a reasonable prior notice of any change in Subscription Fees to give you an
opportunity to cancel your Subscription before such change becomes effective.
7.3. Your continued use of the Service after the Subscription Fee change comes into effect constitutes your agreement
to pay the modified Subscription Fee.
8. Refund Policy
8.1. Okkular will only provide you with a refund of the Subscription Fee in the event they are unable to continue to
provide the Services or if Okkular makes a decision, at its absolute discretion, that it is reasonable to do so under the
circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains
unused by the Member (the ‘Refund’).
9.1. Our Service allows you to post link, store, share and otherwise make available certain information, text, graphics videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability and appropriateness.
9.2. By posting Content to the Service, you grant us the right and licence to use, modify, perform, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those legal rights.
9.3. You represent and warrant that:
- the Content is yours (you own it) or you have the right to use it and grant us the rights and licence as provided in these terms;
- the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
- the Content will not cause you or Okkular to breach any law, regulation rule, or other legal obligation;
- the Content will not be unsolicited, undisclosed or unauthorised advertising;
- the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and
- the Content does not bring Okkular or the Service into disrepute.
9.4. You agree to keep all records necessary to establish that your Content does not violate any of the requirements in this Terms and Conditions and make such records available upon our reasonable request.
9.5. We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
9.6. The Website, the Services and all of the related products of Okkular are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features), excluding Content provided by Members, or the Services are owned or controlled for these purposes, and are reserved by Okkular or its contributors.
9.7. All trademarks, service marks and trade names are owned, registered and/or licensed by Okkular, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non commercial use.
9.8. Okkular does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Okkular.
9.9. Okkular retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
9.10. You may not, without the prior written permission of Okkular and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9.11. We use the information that we have collected, to provide and support the Okkular Products and related services including Product research and development. We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
11.1. YNothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Okkular will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affliates directors, officers, employees, agents, contributors and licensors of Okkular make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Okkular) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Okkular; and
- the Services or operation in respect to links which are provided for your convenience.
12. Links to Other Web Sites
12.1. Our Service may contain links to third-party web sties or services that are not owned or controlled by Okkular.
12.2. Okkular has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Okkular shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
12.3. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that we you access other websites on the internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
13. Limitation of liability
13.1. Okkular’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
13.2. You expressly understand and agree that Okkular, its affliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
14. Termination of Contract
14.1. The Terms will continue to apply until terminated by either you or by Okkular as set out below.
14.2. If you want to terminate the Terms, you may do so by:
- providing Okkular with 14 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Okkular has made this option available to you.
Your notice should be sent, in writing, to Okkular via the ‘Contact Us’ link on our homepage.
14.3. Okkular may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Okkular is required to do so by law;
- the provision of the Services to you by Okkular is, in the opinion of Okkular, no longer commercially viable.
Your notice should be sent, in writing, to Okkular via the ‘Contact Us’ link on our homepage.
14.4. Subject to local applicable laws, Okkular reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Okkular’s name or reputation or violates the rights of those of another party
15.1. You agree to indemnify Okkular, its affliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
16. Dispute Resolution
16.1. CompulsoryIf a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2. NoticeA party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.4. ResolutionOn receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Law Society of Victoria or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Melbourne, Victoria 3000, Australia.
16.4. ConfidentialAll communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
16.5. Termination of Mediation:If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so
17. Venue and Jurisdiction
17.1. The Services offered by Okkular is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
18. Governing Law
18.1. The Terms are governed by the laws of Victoria, Australia, without regard to its confict of law provisions. Okkular’s failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to confict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
19. Independent Legal Advice
19.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
20.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
21. Entire Agreement
21.1. The Terms constitute the entire agreement between Okkular and you regarding the Service, and supersede and replace any prior agreements, representations, discussions, negotiations or any other conversations held between Okkular and you, Okkular might have with you regarding the Service.
22.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.