Terms of Use

Last updated August 2016

Updated 19th August 2016.

These Terms of Use govern your use (as an End User) of the ECAL service, which is owned and operated worldwide by E-DIARY Pty Ltd (E-Diary), and which is provided free to you. Our mission is to connect you with the brands, organisations and events you love or need most, so you can better manage your life schedule. If you do not agree with these Terms of Use then you should not use the ECAL service.

What is the ECAL service?

ECAL is a free service that allows End Users to receive communications and information (in the form of an Event or Schedule) into their personal digital calendar (Calendar). The information within each unique event in an End User’s Calendar, or the Event itself, can be changed or updated by E-Diary or the source publisher of the Schedule (Publisher).

Personal use only

E-Diary makes the ECAL service available for your personal use only. End Users must not display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the ECAL service, use of the service or access to the Service.

You agree not to (or permit anyone else to) use any data mining, robots, scraping or similar data gathering or collection tools or methods in connection with the ECAL service.

Changes to the ECAL service

We are always looking for ways to improve the ECAL service which means we may add or remove functionality or features, or we may suspend or stop the ECAL service altogether. You are free to stop using the ECAL service at any time simply by removing the calendar subscription or connection.

Intellectual property rights

You acknowledge and agree that the ECAL service may contain content, features, information or technology that are protected by intellectual property laws including but not limited to copyright, patent, trade marks and database rights. All such intellectual property rights are owned (or licensed) to E-Diary and nothing in these Terms of Use transfers any of those rights to End Users. You agree not to modify, copy, frame, rent, lease, loan, sell, distribute, sublicense, reverse engineer, or create derivative works based on the ECAL service (either in whole or in part).

Third party material and websites

You acknowledge and agree that E-Diary is not responsible or liable in any way for any content or material of Publishers or other third parties which End Users may have access to through the ECAL service.

Through the ECAL service you may receive links or access to other websites and locations on the Internet. E-Diary has no control over the content of such websites and locations and you acknowledge and agree that E-Diary is not responsible or liable in any way for such websites and locations including any damage or loss caused or suffered in any way in connection with your use or reliance on such websites or locations. Your use of such websites or locations is at your own risk.

You hereby indemnify E-Diary and its officers, directors, employees and agents from and against all losses, damages, expenses (including legal fees), claims and liabilities of any kind arising out of or in connection with your violation of these Terms of Use. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

WARRANTIES, DISCLAIMER AND LIABILITY

Your use of the ECAL service is at your sole risk. E-Diary (and our publishers and other third party suppliers) do not make any specific promises about the ECAL service including but not limited to its content or specific functions or its reliability, availability or ability to meet your needs. The ECAL service is provided “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Where permitted by law, E-Diary (and our publishers and other third party suppliers) will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of E-Diary (and our publishers and third party suppliers) for any claims under these terms of use is limited to the resupply of the ECAL service. In all cases, E-Diary (and our publishers and third party suppliers) will not be liable for any loss or damage that is not reasonably foreseeable. In some jurisdictions, you may have legal rights as a consumer. Nothing in these terms of use limits any consumer legal rights that may not be waived by contract.

Latest Versions

We may vary these Terms of Use in the future; the most recent version can always be accessed at www.ecal.com. Changes will not apply retrospectively but by continuing to use the ECAL service you will be taken to have agreed to any updated Terms of Use. If you do not agree to the modified terms, you should immediately discontinue your use of the ECAL service.

Personal Information

ECAL collects your personal information on behalf of Publishers. ECAL does not take any action with your personal information unless instructed or permitted to do so by the Publisher, and we suggest you review the relevant Publisher’s Privacy Policy when first subscribing to the ECAL service. Your privacy matters, and ECAL will otherwise undertake all necessary action to protect and respect your personal information. If you are interested, please take the time to read and understand the ECAL privacy policy.

General

If you fail to comply with these Terms of Use, and we don’t take action right away, that doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular part of these Terms of Use is not enforceable, this will not affect any other part.

Governing law and courts

The laws of the State of Victoria, Australia govern these Terms of Use and for any disputes or claims you agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

International rules

ECAL is a global service and users may be located anywhere in the world. Whichever jurisdiction you are located in, you agree to comply with all local laws and rules in your jurisdiction regarding your use of the ECAL service including in relation to your online conduct and acceptable content.

Contact us

If you have any questions about these Terms of Use, or your dealings with us, please email support@ecal.com.

E-DIARY Pty Ltd

10 Queens Road, Melbourne VIC 3004.  Australia

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