These Terms of Use (“Terms”, “Terms of Use”, “Agreement”, or “Service Agreement”) govern your relationship with the Capture 365 Journal Service (the “Service”) operated by Sockii Pty Ltd. (“us”, “we”, or “our”). It is important that you read this carefully because you will be legally bound to these terms.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.

The “Service” means (a) Sockii Pty Ltd’s Capture 365 Journal application, as well as the website https://capture365journal.com (the “Site”), and (b) all software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of Sockii Pty Ltd. Any modifications to the Service are also subject to these Terms. Sockii Pty Ltd reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to Sockii Pty Ltd.

You acknowledge and agree that Sockii Pty Ltd own or are licensors of all the legal rights and interests in and to the Application, except all User Content (as defined below), subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution of any of the Application other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Service for any commercial purposes.

The Service permits the creation of information, including but not limited to text, location, images and other data submitted by you. You retain all of your ownership rights in your User Content.

Use of the Capture 365 Journal service shall be at your own risk. To the fullest extent permitted by law, Sockii Pty Ltd, its officers, directors, employees, and agents make no express warranties and disclaim all implied warranties, in connection with the service and your use thereof. Capture 365 Journal makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption of transmission to or from our service, (iv) any viruses or malware which may be transmitted to or through our service through the actions of any third party, or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service. Sockii Pty Ltd does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service.

In no event shall Sockii Pty Ltd, its officers, directors and employees, be liable to you for any direct, indirect, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (ii) any interruption of transmission to or from our servers, (iii) any viruses or malware which may be transmitted to or through our service by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available.

You agree to indemnify Sockii Pty Ltd, its officers, directors and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party.

Sockii Pty Ltd reserves the right to amend or modify these Terms at any time. Any major changes of significant impact to our users will be communicated on the Capture 365 Journal site and in-app. By continuing to use Capture 365 Journal after those changes become effective, you are agreeing to be bound by the revised terms.

Last Updated: 16 April 2018