Terms & Conditions
Last updated - 9th of January 2022
Please read these Terms and Conditions (“Terms”, Terms and Conditions”) carefully before using the Cula mobile application (the “Service”) operated by Cula co (“Cula” “us”, “we”, or “our”)
Your access to the Cula service is conditioned upon your acceptance of and the complacence with these terms. These terms apply to everyone who wish to access our service.
By accessing our service you agree to be bound to these terms. If you disagree with any part of our terms then you do not have permission to use the Cula service and shouldn’t choose to do so.
Subscriptions
Parts of the Cula service are billed on a weekly subscription basis. You will be billed 24 hours in advance on a recurring basis (“Billing Cycle”). At the end of each billing cycle your subscription will automatically renew under the exact same conditions unless you choose to cancel. Valid payment methods including credit cards are required to process payment through the AppStore.
Trial
Cula offers a trial to our service for you to check out what we are all about. Please note you will not be able to export any images from Cula unless you are subscribed to the service.
Fee changes
Cula in its sole discretion and at any time, may modify the subscription fess. Any subscription change will become effective at the end of the current billing cycle. Cula will provide your with reasonable notice prior to any changes to our fees to give you an opportunity to terminate your subscription. Your continued use of the service after the subscription fee change comes into effect and constitutes your agreement to pay the modified subscription fee amount.
Refunds
Cula doesn’t directly offer any refunds. For all refunds please contact support@apple.com and submit a case.
Accounts
When you create an account with Cula, you guarantee that you are above the legal age of 18, and that the information you provide to us is accurate , complete and current at all times. Inaccurate information may result in immediate termination of your account on the Cula service. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept all responsibility for any and all actions performed on your account. You must notify Cula immediately upon becoming aware of any breach of security or unauthorised use of your account.
Intellectual property
The service and its original content, features and functionality are and will remain exclusive property of Cula and its licensors. The service is protected by copyright, trademark and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection to any products without written consent of Cula.
Links to other websites
Our service may contain links to some third party websites that aren’t controlled or owned by Cula, we have no control over and no responsibility for the content, privacy policies, or practises of any third party services. You acknowledge and fully agree that Cula shall not be responsible or liable, directly or indirectly for any damage or loss caused by third parties. We strongly advice you read the terms and conditions and privacy policies of any third party websites or services that you visit.
Indemnification
You agree to defend, indemnify and hold harmless Cula and its licensee and licensors, and their employees, contractors, officers and directors, from and against all claims, damages, losses, liabilities, costs or debt and expenses including attorney fees, resulting from or arising out of a) your use and access of the service, by you or any person using your account and password, or b) a breach of these terms.
Limitation of liability
In no event will Cula, not its directions, employees, partners or affiliates be liable for any indirect or accidental damages. Including without limitation, loss of profits, data, use, goodwill, or any other losses resulting (a) your access to use or inability to access the service; (b) any conduct or content of any third party on the service; (c) any content obtained by the service and unauthorised access, use or alteration of your transmissions or content, wether based on warranty, contract, negligence or any other legal theory.
Disclaimer
You are solely responsible for the use of the Cula service and use of the service is at your own risk. Cula is provided on as an as is basis. The service is provided without warranties of any kind.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing law
These terms shall be governed in accordance with the laws of Victoria, Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be considered a wavier to those rights. If any provision for these terms is held to be invalid or unenforceable by a court, the remaining provisions in the terms will remain in effect.
Changes
Cula reserve the right at our sole discretion to modify or replace these terms at any time. If a revision is material we will provide at least 30 days notice prior to any terms taking effect. What constitutes a material change will be determined at our sole discretion. If you choose to continue access to our service after revisions come into effect, you agree to be bound by the revised terms. If you do not agree to the new terms you are no liners authorised to use the service.
Contact us
If you have any questions regarding our policies please get in touch at legal@cula.co