Terms and Conditions

END USER LICENSE AGREEMENT

Curu is licensed to You (End-User) by Curu Pty Ltd, Australia (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all the terms and conditions of this License Agreement and You accept this License Agreement.

All rights not expressly granted to You are reserved.

  • THE APPLICATION

Curu (hereinafter: Application) is a piece of software created to facilitate product reviews and discussions by users, the presentation of product information and personalised curation of products for its users – and customized for Apple and Android mobile devices. It is used to assist users in evaluating products based on peer reviews and product information presented within the application.

Furthermore, it enables users to interact with peers to share product thoughts and experiences.

  • THE SCOPE OF LICENSE

2.1 This license will also govern updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of the new license will govern.

2.2 You may not share or make the Application available to third parties unless to the degree allowed with Curu Pty Ltd’s prior written consent, sell, rent, lease or otherwise redistribute the Application.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt or attempt to derive the source code of the Application, or any part thereof (except with Curu Pty Ltd’s prior written consent).

2.4 You may not copy (excluding when expressly authorised by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices You own or control for backup keeping under the terms of this license, the App store Terms of Service, Google Play Terms of Service and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.

2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement may be subject to prosecution and damages.

2.6 Licensor reserves the right to modify the terms and conditions of licensing.

2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

  • TECHNICAL REQUIREMENT

3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

  • MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. 

  • USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your Legal Agreements with Licensor and Licensor’s privacy policy.

  • USER GENERATED CONTRIBUTIONS

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Applications and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in legal sense of those terms) any other person and to promote violence against a specific person or lass of people.
  9. Your Contributions do not violate any applicable law, regulation or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a secual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child, pornography, or otherwise intended to protect the health or well-bring of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of  your rights to use the Application.

  • CONTRIBUTION LICENSE

By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat,, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed , and includes our use of your name, company name, and franchise name, as applicable and any of the trademarks, service marks, trade names, logos, and personal commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retail full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

We have the right, in our sole and absolute discretions (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time for any reason, without notice. We have no obligation to monitor your Contributions.

  • LIABILITY

8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

  • WARRANTY

9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any reasons outside of Curu’s sphere of influence that affect the executability of the Application.

9.3 After installing the Application you may notify Curu about issues discovered by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.

  • PRODUCT CLAIMS

Curu Pty Ltd and End-User acknowledge that Curu Pty Ltd, responsible for addressing any claims of the End-User possession and/or use of that licensed Application, including but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable or legal regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation

  • TERMINATION

This license is valid until terminated by Curu Pty Lt or by You. Your rights under this license will terminate automatically and without notice from Curu Pty Ltd if you fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Application.

  • INTELLECTUAL PROPERTY RIGHTS

Curu Pty Ltd and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Curu Pty Ltd will investigate, defend, settle and discharge any such intellectual property infringement claims.

  • MEDICAL DISCLAIMER

Curu app is designed to offer information and user reviews about beauty products based on their formulation and ingredients. It aims to educate and empower beauty consumers to make well-informed decisions prior to using or purchasing skin products. The information provided here is not a substitute for professional or medical prevention, diagnosis, and treatment. We highly recommend that you always seek the advice of your dermatologist, physician, pharmacist or other qualified health provider with any questions you may have regarding any medical conditions. Do not disregard medical advice or delay seeking medical advice because of information you have read on this app or on our website. 

  • APPLICABLE LAW 

The license agreement is governed by the laws of Australia excluding its conflicts of law rules.

  • MISCELLANEOUS

15.1 If any of the terms of this agreement should be or become invalic, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

  • CHANGE TO TERMS & CONDITIONS

Curu reserves the right to change these Terms of Service at any time without notice. By continuing to access or use the Site, Apps, Content, or Services after Curu makes any such changes, you agree to be bound by the revised Terms of Service.

Last updated, 12 August, 2021