SyncCare Terms & Conditions

PLEASE NOTE: By contacting RetailCare Pty Ltd – you agree to these conditions.

This document describes terms of use for the SyncCare.com.au website.

  1. Introduction
    Welcome to www.SyncCare.com.au and its related sub-domains (collectively referred to as the “Site”), owned and operated by RetailCare (“RetailCare”, “we”, or “us”). SyncCare offers the Site and the information and services available on it to public users, customers, prospects, and any other individuals accessing the Site (collectively referred to as “You”), under the following Terms of Use (the “Terms”).

    The Site is provided solely for Your personal, non-commercial use. By accessing and using the Site, You agree to be bound by these Terms. Additionally, when utilizing specific SyncCare services or features on the Site, You are subject to any posted guidelines or rules applicable to those services or features, which may be updated periodically. All such guidelines or rules are incorporated by reference into these Terms.

  2. Description of Service
    The collective term for the Site along with its information, features, applications, and services available is referred to as the “Service” herein. Unless explicitly mentioned otherwise, any future features or services that expand or improve the Service will be deemed as integral components of the Service and will be governed by these Terms.
  3. Informational Purposes Only
    The Service is intended solely for informational purposes. SyncCare bears no responsibility or liability for the accuracy, completeness, usefulness, or availability of any information or other content, including data, text, URLs, graphics, or any other materials transmitted by You or us, or made available via the Service (collectively referred to as the “Content”). SyncCare shall not be held responsible or liable for any decisions made in reliance on such information.

  4. Information You Provide to us
    You may be required to provide certain information to us in order to access or take advantage of certain features offered on the Site (for example, to join our email distribution list or to request that we send You information). If You choose to provide information on the Site, You agree to provide and maintain true, accurate, current and complete information about Yourself as prompted by the Site. Any personal and other information You provide to SyncCare via the Services is subject to our Privacy Policy. SyncCare will be free without obligation to You, to collect, develop, create, extract, compile, synthesize, analyze, use, and/or commercialize, or share with third parties, aggregated data based on data. You provide for any purpose, subject to any restrictions imposed by applicable data protection or privacy laws.

    You grant SyncCare and SyncCare affiliates a royalty-free, fully-paid, transferable, sublicensable, irrevocable, worldwide, nonexclusive license to make, have made, sell, use, disclose, reproduce, modify, make derivative works based upon, distribute, perform and display the Content You post to the Site. You grant Site users a royalty-free, fully-paid, transferable, sublicensable, irrevocable, worldwide, nonexclusive license to make, have made, sell, use, disclose, reproduce, modify, make derivative works based upon, distribute, perform and display the Content You post to the Site, subject to these Terms. Once You post Content to the Site, the Content becomes public, and is not protected as confidential information under any other agreement between SyncCare and You. SyncCare does not promise to archive, retain, or store Content on the Site for any length of time. You are responsible for keeping a back-up of any Content You post on the Site that You wish to be preserved.

  5. Your Use of the Service
    You agree to utilize the Service solely for lawful purposes. You are fully responsible for all Content and information uploaded to or created through the Service by You or on Your behalf. You shall refrain from using the Service to falsely represent an affiliation with any individual or organization, infringe upon the legal rights of any third party, or upload or transmit any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, as well as any material that is, or may be, protected by copyright, trademark, or trade secret, without obtaining permission from the relevant owner. You acknowledge that You either own the original Content You post to the Site or Services, or possess the necessary rights and permissions to authorize SyncCare to utilize or process Your Content. Should SyncCare request it, You agree to provide evidence of such rights and permissions.

  6. Right to Review/Remove
    SyncCare retains the right, without assuming responsibility, to (1) remove any material posted on the Site that SyncCare, at its sole discretion, considers inconsistent with the aforementioned commitments, including any material SyncCare has been notified of or has reason to believe constitutes an intellectual property infringement; and (2) terminate any user’s access to all or part of the Site. However, SyncCare cannot review all material before it is posted on the Site, nor can it guarantee the immediate removal of objectionable material after posting. Therefore, SyncCare assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. SyncCare reserves the right to take any necessary action to protect the personal safety of users of this Site and the public; however, SyncCare is not liable or responsible to anyone for the performance or non-performance of the activities described in this paragraph.
  7. Submissions
    If You submit any questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials to SyncCare, whether oral, written or electronic (collectively, “submissions”), no confidential or other relationship shall be established between You and SyncCare, notwithstanding anything to the contrary in any Non-Disclosure Agreement between SyncCare and You. Your submissions shall be considered non-confidential and shall be considered the sole and exclusive property of SyncCare. SyncCare shall have the right to publish, reproduce, modify, adapt, distribute, transmit to others and otherwise use any submissions for any purpose whatsoever (including, but not limited to, research, development, manufacture, advertising or sale of any products or ingredients incorporating or relying on such submissions), in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to You.

  8. Proprietary Rights
    You recognize and consent that the Service and any software utilized with the Service (referred to as the “Software”) contain proprietary and/or confidential information, Content, and other materials protected by relevant intellectual property and other laws (including, but not limited to, copyrights, trademarks, trade secrets, service marks, and patents). Without explicit authorization from SyncCare, you agree not to exhibit, publish, replicate, transmit, distribute, post, modify, adapt, rent, lease, sell, or otherwise utilize the Software, the Service, or any Content contained within them, either in whole or in part, without our prior consent.

    However, you may download Content for your personal, non-commercial use, on the condition that you agree to comply with any copyright notice or other restrictions associated with such Content, and ensure that any author attribution, copyright, or trademark notice remains intact in any downloaded Content. You are prohibited from using downloaded Content for any commercial purpose. Modifying the Content or using it for any other purpose constitutes a violation of SyncCare’s copyright and other proprietary rights. You agree not to contest SyncCare’s ownership rights over any and all trademarks, logos, service marks, and/or domain names of SyncCare (referred to as the “SyncCare Marks”), and you agree not to register or attempt to register any trademark, service mark, logo, or domain name that is identical or confusingly similar to any of the SyncCare Marks. SyncCare reserves the right to enforce its intellectual property rights to the fullest extent permitted by law.

  9. Disclaimer of Warranties; Limitation of Liability
    THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICE OR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR OTHER CONTENT OFFERED ON THE SERVICE. CELIGO MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON OR ACCESSIBLE THROUGH THE SERVICE. ANY DOWNLOADING, RELIANCE ON, OR USE OF SUCH CONTENT IS SOLELY AT YOUR OWN RISK. CELIGO DOES NOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT CELIGO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF CELIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED US DOLLARS ($50.00 AUD).

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

  10. Notice
    You may receive notices via email or traditional mail.
  11. Changes to the Terms
    SyncCare reserves the right to revise and update these Terms at any time without prior notice by posting the amended terms on this Site. Your ongoing use of the Site implies your acceptance and agreement to the revised Terms. If you disagree with the Terms as amended or are dissatisfied with this Site, your sole and exclusive remedy is to cease using it.

  12. General Information
    These Terms constitute the complete agreement between You and SyncCare, governing Your use of the Site, overriding any prior agreements between You and SyncCare. However, these Terms may be supplemented or replaced by, and shall not override, any terms specifically applicable to any paid service offered by SyncCare and agreed upon between You and SyncCare. Additionally, You may be subject to further terms and conditions when using affiliate services, third-party content, or third-party software.

    The Terms and the relationship between You and SyncCare shall be governed by the laws of the United States and the State of California, without regard to principles of conflict of laws. You and SyncCare agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Australia.

    The failure of SyncCare to enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Need help?
Should you have any inquiries or feedback regarding the Site or these Terms, or if there’s anything else you wish to communicate to us (such as requests for support), feel free to reach out to our customer service department at support@retailcare.com.au.