Finder Terms.

These Finder Terms (“Terms”) apply to all finders of property, or all potential finders of property of The Clever Label [ABN 23936950278] (“we, us, our”) and users of our website app. These Terms together with any other terms and conditions and policies we publish or link to on our website, app and services form an Agreement with us (“Agreement”). “You” could be any finder of property.

ONLINE FINDER SERVICES WE WILL PROVIDE

By registering to use our website app (“Registration”) you are entitled to use The Clever Label app software (“Software”) and support services. Only if you subscribe to a paid subscription will you have the full functionality of the Software. Your subscription includes the amount of users at the price as advertised on our website on a subscription basis. These amounts and prices could be changed from time to time.

 After scanning a QR code that is generated from The Clever Label Software, it will provide you with access to information about the product, including the product history, materials, and rehoming capability. You will need to subscribe so you can confidentially chat with the item’s owner via the Software to arrange its safe return. As part of the registration you can design, generate, and assign to your tangible assets a unique QR code The app also includes bulk scanning functionality for Organisations that deal with high volumes of lost property to efficiently communicate with multiple owners of found items at once. You can use the bulk “lost and found” capability whereby you can scan multiple items that have The Clever Label and confidentially communicate with their owners with one message.

BEFORE REGISTRATION

Things you must do before registering to use our finder services

The app requires you to register to have access to the finder functionality.

Acknowledgements you make before registering as a finder

You acknowledge and agree that there may be:

·       occasional errors or omissions in finder service descriptions, availability, and functions;

·       limits to certain regions or groups of people;

·       technical problems and inherent risks associated with using the Software.

You further acknowledge and agree that it is your sole responsibility to ensure that the Subscription and Software meets your requirements, that they are appropriate for you and are within the laws and regulation of your jurisdiction.

Except as required by law, we cannot guarantee the accuracy of the information about our Subscriptions, or the availability of the Software.

Registration Fees

You can register with the Clever Label as a Finder without a paid subscription, as we know you are going out of your way to help a fellow human. However, you can upgrade your account at any time to use the full features of the Software. The Registration Fee, if upgraded to a paid subscription, is based on your selected user tier, and is automatically deducted from your nominated payment method unless you or we cancel your Registration in accordance with the cancellation or termination terms below. You authorise us to:

·       deduct the Fee and all other accrued and owing fees from your debit or credit card; and

·       deduct any applicable currency conversion fees or financial service provider fees where relevant.

You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates for the Registration Period. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.

If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.

Intellectual Property

All the Intellectual Property Rights in our Software and Materials are owned by or licensed by us. We grant you non-exclusive, non-transferable, revocable, limited permission to use the Software and Materials for your sole personal use only. This permission is for the period during which you are subscribed to the app; the duration of your Subscription only and is immediately terminated at the end of your Subscription upon which all Materials must be immediately deleted. You must not modify the Software or Materials in any way. You must not distribute, sell, sublicense, or otherwise transfer or make available the Software or Materials or any portion of it to any third party. You must not modify, adapt, translate, reverse engineer, decompile or derive the source code for the Software or the Materials or authorise a third party to do so, except as specifically permitted in the app.

 REWARDS

The owner of a product registered with The Clever Label has the option to indicate a "reward" for the safe return of their belongings by ticking the relevant box within the app. It is important to note that the indication of a reward is entirely at the discretion of the product owner and is arbitrary. The act of indicating a reward does not constitute a binding agreement or guarantee that a payment will be made to the Finder. The Finder acknowledges and agrees that any reward mentioned is at the sole discretion of the product owner and does not create any legal obligation on the part of The Clever Label or the product owner to provide such a reward.

AFTER REGISTRATION AND/OR PURCHASE

Things you must do after registering as a finder

You must:

·       maintain the confidentiality of your login, username, and password for your account;

·       use and regularly update the password for your account and ensure that your password is unique and not from credentials available elsewhere;

·       not allow other people to use your account;

·       contact us by email at if you have any difficulty using the Software or Materials;

·       contact us by email at if you have any issues and require a refund;

·       seek our prior written consent before any publication of information about us; and

·       in the case of a dispute keep all communications confidential.

You acknowledge and agree that we may monitor your use from time to time of the Software to ensure compliance.

Acknowledgements you make in relation to Content and Intellectual Property

When you register found items through our app, you may provide us with various Content, such as images, found location details, and item condition information. When you provide us with Content you agree that you own all copyright pursuant to the Copyright Act 1968 in the Content, or you have the necessary third-party licenses to copyright.

You warrant that:

·       the Content does not breach any third-party Intellectual Property Rights or any third-party rights in any way including any contract or proprietary rights; and

·       the Content does not contain anything malicious, libellous, defamatory or any illegal material.

Where any Content you provide contains personal information as defined under the Privacy Act 1988, the personal information must already lawfully be in the public domain, and/ or you have express consent to use that personal information from the relevant person. For more information on how we deal with any personal information in particular, please see our Privacy Policy here.

Things we’d love you to do after registering as a finder

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions, and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials, and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at thecleverlabel@gmail.com.

If you need to cancel your Registration

If you need to cancel your Registration, please log in to the Software and cancel your account. If you have a paid subscription, you will not receive a refund or part refund for any payments made for your current Registration Period but will continue to have access to the app until the end of the current Registration Period. Where your registration is terminated you will no longer have access to any of your data. Your Content may be deleted.

Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:

·       to cancel this Agreement with us; and

·       to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion. If you believe we have breached your consumer guarantees, please contact us and we will comply with the law. 

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information about our Finder Services

Except as required by law, we may at any time, and without prior notice to you:

·       change and update information including availability and functions;

·       change prices or descriptions of our Registration options; or

·       discontinue the Software.

Refunds
The Software is provided on an “as is” basis and, to the extent permitted by law, we disclaim all warranties, express or implied in including any warranties of merchantability, fitness for purpose, and non-infringement. We will use reasonable endeavours to maintain the Software to minimise errors and interruptions. At times, the Software may be temporarily unavailable for maintenance. Whilst we will endeavour to notify you, we may at times need to conduct emergency maintenance or be unable to notify you. We do not warrant that the Software is uninterrupted or error free, or secure, and we cannot warrant that it is compatible with any third-party application, program, or software.

We can refuse to serve you and provide Finder Services any time

Where you breach this Agreement, we may immediately terminate your account and Registration. Where we terminate your Registration for non-payment or any other breach of this Agreement, you will not be able to access the app or any of your Content.

Force Majeure

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Software, Materials, and your Registration. This includes but is not limited to any modification to the Software other than by us, any accident, abuse or misapplication of the Software by you, any use of the Software with other software or equipment without our written consent, any use other than the latest, unaltered current release of Software, and any use other than in accordance with this Agreement. Additionally, any data provided via QR codes is provided "as is" with no guarantee of accuracy, and any reliance on such information by you as a finder is at your own risk. We are not liable for any disputes or damages resulting from your reliance on QR code data or from property ownership claims.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law, or otherwise will be limited, at our option to:

·       the repair of the Software within a reasonable period; or

·       the refund of the amount of your previous 12-month Registration, if we are unable to make adequate repairs.

In any case, our liability to you will not exceed the amount of $100.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you fail to comply with our instructions or applicable laws and regulations, and any breach of our Intellectual Property Rights.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.
“Agreement” means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website and app.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award, or costs.

“Content” means any images, found location details, item condition information, or any other content you make available on our software.

“Force Majeure” means an 'act of God' and including but not limited to natural disasters (like floods, earthquakes, hurricanes), wars, strikes, riots, pandemics, or any other severe events that are beyond the control of the contractual parties.

“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
“Fee” means the registration fee as advertised on our website from time to time.

“Materials” means the materials available on the Software, including but not limited to all resources and training materials.
“Software” means the The Clever Label website and app.

“Registration Period” means the period of one month or 12 months (annually) as elected by you.

“Registration Services” means the finder-specific platform provided by The Clever Label, including all associated materials and support services (such as telephone and online support) that enable you to register, manage, and coordinate the return of found items.

“We, us, or our” means Uplifecycle Pty Ltd t/as The Clever Label [ABN 97679536844] and includes any of our directors, officers, employees, agents, partners, contractors.
“Website and services” mean thecleverlable.com and everything available on this website and app including, but not limited to, all Subscription Services.