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 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.

• 1. THE APPLICATION
  
  1.1.  Welcome to Curu (the ‘Application‘). The Application was created to provide product information and recommendations while facilitating reviews and discussions for users. It is used to help users evaluate beauty products not limited to skincare, makeup, body care and personal care. (the ‘Services‘).
  
  1.2.  The Application is operated by Curu Pty Ltd. Access to and use of the Application, or any of its associated Products or Services, is provided by Curu. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you disagree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
  
  1.3.  Curu reserves the right to  review and change any of these Terms by updating this page at its sole discretion. When Curu updates the Terms,any changes to the Terms take immediate effect from the date of their publication. 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.
  

• 2. ACCEPTANCE OF THE TERMS
  
  You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Curu in the user interface.
  

• 3. REGISTRATION TO USE THE SERVICES
  
  3.1.  In order to access the Services, you must first register for an account through the Application (the ‘Account’).
  
  3.2.  As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  a) Email Address
  b) Preferred username
  c) Password
  
  3.3.  You warrant that any information you give to Curu in the course of completing the registration process will always be accurate, correct and up to date.
  
  3.4.  Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms.
  
  3.5.  You may not use the Services and may not accept the Terms if:
  a) you are not of legal age to form a binding contract with Curu; or
  b)  you are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.

• 4. YOUR OBLIGATIONS AS A MEMBER
  
  4.1. You will use the Services only for purposes that are permitted by:
  a) the Terms; and
  b) any applicable law, regulation or generally accepted practices of guidelines in the relevant jurisdictions;
  
  4.2. you have the sole responsibility for protecting the confidentiality of your password and/or email address;
  
  4.3. any use of your registration information by any other person, or third parties, is strictly prohibited;
  
  4.4. access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Curu providing the Services;
  
  4.5. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Curu;
  
  4.6. you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the Application;
  
  4.7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Curu for any illegal or unauthorised use of the Application; and
  
  4.8. you acknowledge and agree that any automated use of the Application or its Services is prohibited.
  
• 5. COPYRIGHT AND INTELLECTUAL PROPERTY
  
  5.1. The Application, the Services and all of the related products of Curu are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Curu or its contributors.
  
  5.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Curu, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  a) use the Application pursuant to the Terms;
  b) copy and store the Application and the material contained in the Application in your device’s cache memory; and
  c) print pages from the Application for your own personal and non-commercial use.
  
  5.3. Curu does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Curu.
  
  5.4. Curu retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
  a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  
  5.5. You may not, without the prior written permission of Curu and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
  
• 6. PRIVACY
  
  Curu takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Curu’s Privacy Policy, which is available at https://curu.com.au/privacy-policy/.at https://curu.com.au/privacy-policy/.
  
• 7. 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:
  
  7.1. 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.
  
  7.2. 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.
  
  7.3. 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.
  
  7.4. Your Contributions are not false, inaccurate, or misleading.
  
  7.5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
  
  7.6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  
  7.7. Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  
  7.8. 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.
  
  7.9. Your Contributions do not violate any applicable law, regulation or rule.
  
  7.10. Your Contributions do not violate the privacy or publicity rights of any third party.
  
  7.11. 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.
  
  7.12. Your Contributions do not violate any applicable law concerning child, pornography, or otherwise intended to protect the health or well-bring of minors.
  
  7.13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  
  7.14. 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.
  
• 8. CONTRIBUTION LICENSE
  
  8.1. 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.
  
  8.2. 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.
  
  8.3. 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.
  
  8.4. We have the right, in our sole and absolute discretion:
  a) To edit, redact, or otherwise change any Contributions; 
  b) To re-categorise any Contributions to place them in more appropriate locations in the Application; and 
  c) To pre-screen or delete any Contributions at any time for any reason, without notice. We have no obligation to monitor your Contributions.
  

• 9. MEDICAL DISCLAIMER
  
  Curu app is designed to offer information and user reviews about beauty products based on the product’s claims and intended use. It aims to educate and empower beauty consumers to make well-informed decisions about 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 providers 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. 
  
• 10. LIMITATION OF LIABILITY
  
  10.1. Curu’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  
  10.2. You expressly understand and agree that Curu, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  
• 11. INDEMNITY
  
  11.1. You agree to indemnify Curu, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  a)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
  c) any breach of the Terms.

• 12. TERMINATION
  
  12.1. The Terms will continue to apply until terminated by either you or by Curu as set out below.
  
  12.2. Curu may at any time, terminate the Terms with you if:
  a) you have breached any provision of the Terms or intend to breach any provision;
  b) Curu is required to do so by law;
  
  12.3. Subject to local applicable laws, Curu reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Curu’s name or reputation or violates the rights of those of another party.

• 13. GOVERNING LAW
  
  The license agreement is governed by the laws of Australia.  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  
• 14. SEVERANCE
  
  If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
  
  
  Last updated, 8th December 2022