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Cookie Policy

Last updated July 2023
At Eggy, we use cookies and similar technologies to ensure our website, products and services are functioning properly, securely and effectively, to provide a better user experience, and to gather information about your preferences and browsing habits.

In this Cookie Policy, we explain what cookies are, how we use them, and what your rights are in relation to our use of cookies.
What are Cookies?
Cookies are small data files that are placed on your device when you visit a website or use an app. Cookies enable websites and apps to recognise your device and remember your preferences and actions over time.
How we use Cookies?
We use cookies to ensure that our website functions properly and to provide a better user experience for our visitors.

Some cookies are essential for the proper functioning of our website, while others help us understand how visitors interact with our website and identify areas for improvement.

Specifically, we use the following types of cookies:
  1. Essential Cookies: These cookies are necessary for the proper functioning of our website and enable you to navigate through the site and use its features.
  2. Analytics Cookies: These cookies collect  information about how visitors use our website and help us improve the performance of our site.
  3. Marketing Cookies: These cookies are used to track visitors across websites, so we can display relevant and personalised ads.
Users can subscribe to a Subscription Plan by purchasing a Subscription Plan for a specified subscription period displayed on the relevant platform (for example, the Apple App Store or Google Play) at the time of  purchase (Subscription Period).

You must pay the Subscription Fee in advance of each Subscription Period. If you choose to pay via a platform (for example, the Apple App Store or Google Play Store), your Subscription Fee will be charged to your third-party billing account.  

Users can choose to be billed monthly or annually when selecting a Subscription Plan. Billing plans will renew automatically on a monthly or annual basis depending on the Subscription Period you have chosen,  unless you cancel your Subscription Plan in accordance with clause 5.

If you do not cancel by the relevant time we will automatically renew your Subscription Plan and your nominated account/credit card will be charged for the next Subscription Period.

Unless expressly stated otherwise, all Subscription Fees are GST inclusive.

We  may change the Subscription Fee at any time by giving at least 30 days’ notice to you, however this will not affect any current Subscription Period.
Your Consent
By using our website, you consent to our use of cookies. However, you may opt-out of the use of cookies at any time by adjusting your browser settings.
Your Rights
You have the right to control how cookies are used on your device. You can control cookies by adjusting your browser settings. If you choose to disable cookies, some features of our website may not function properly.
Changes to this Cookie Policy
We may update this Cookie Policy from time to time. Any changes we make will be posted on this page, so please check back frequently to stay up to date.
Contact Us
If you have any questions about our use of cookies or this Cookie Policy, please contact us at info@eggy.as
7. User Content
Eggy does not usually own the copyright in the information,  photographs or other materials that you upload, submit, transmit,  display, perform, post, store or otherwise make available (together, ‘Share’) in connection with the Services (‘User Content’).

You represent and warrant that you hold all necessary rights (including  without limitation intellectual property rights) in respect of all  content you Share in connection with the Services, including the User Content, and Sharing such content will not breach any third party rights, including without limitation copyright, moral rights or confidential information.

You acknowledge and agree that your relationship with Eggy is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Eggy in a position that is any different from the position held by members of the general public, including with regard  to your User Content.

Your User Content will not be subject to any obligation of confidence on the part of Eggy other than as set forth in our Privacy Policy, and Eggy will not be liable for any use or disclosure of any User Content you  provide.

You understand that you, and not Eggy, are entirely responsible  for all User Content that you upload, email, transmit or otherwise make  available via the Services. Eggy does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such User Content.

Eggy may, in its sole discretion and without prior notice,  screen, monitor, refuse or remove any User Content from the Services for any reason, including without limitation that it that violates these Terms or is otherwise objectionable.

User Content removed from the  Services may continue to be stored by Eggy, including, without  limitation, in order to comply with certain legal obligations. Nothing  in these Terms constitutes any authorisation by us with respect to any  use of music on any of our Services.

You understand that the Services are not a backup or storage service and you agree that you will not rely on the Services for these purposes.

Eggy will not be liable to  you for any loss of any User Content in any event, including if the Services are modified, suspended or discontinued.

You also acknowledge  that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

Under  no circumstances will Eggy be liable in any way for any User Content,  including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the  access/and or use of any User Content made available on the Services.

You agree to bear all risks associated with the access and/or use of any  User Content available in connection with the Services, including any  reliance on the accuracy, completeness, or usefulness of such User  Content.

If your User Content violates these Terms, you may bear  legal responsibility for that User Content. As between you and Eggy,  any User Content will be non-confidential and non-proprietary, and we  will not be liable for any use or disclosure of User Content.
8. User Conduct
The Services are for your personal and non-commercial use. You  may not modify, copy, distribute, transmit, display, perform, reproduce,  publish, license, create derivative works from, transfer or sell for  any commercial purposes any portion of the Services, use of the Services  or access to User Content without the prior written approval of Eggy.

You may not use the Services, or assist or encourage any other party, to engage in any act or omission that:
  • Is false, inaccurate or misleading or deceptive;
  • Is fraudulent or involves the sale of counterfeit or stolen items;
  • Infringes any third-party’s intellectual property rights;
  • Violates any applicable law, statute, ordinance or regulation;
  • Is defamatory, libellous, threatening or harassing;
  • Is  obscene or contains any material that, in Eggy’s sole and absolute  discretion, is in any way inappropriate or unlawful, including, but not  limited to obscene, inappropriate or unlawful images;
  • intentionally or unintentionally causes harm or subverts the intended function of the Services;
  • surreptitiously and/or without authority intercepts, accesses or expropriates any  system, data or personal information from the Services.
You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
  • Accessing the Services by any means other than through the interfaces that are provided by Eggy.
  • Using,  copying, modifying, creating a derivative work of, reverse engineering,  decompiling or otherwise attempting to extract the source code of the  software underlying the Services or any part thereof, unless expressly  permitted or required by law, and in any case, without providing prior  written notice to Eggy;
  • Attempting to disrupt, degrade, impair  or violate the integrity or security of the Services or the computers,  services, User Accounts or networks of any other party (including,  without limitation, ‘hacking,’ ‘denial of service’ attacks, etc.),  including any activity that typically precedes attempts to breach  security such as scanning, probing or other testing or vulnerability  assessment activity, or engaging in or permitting any network or hosting  activity that results in the blacklisting or other blockage of Eggy  internet protocol space;
  • Avoiding payment of charges or fees payable by you with respect to the Services;
  • Distributing,  or disclosing any part of the Services in any medium, including without  limitation by any automated or non-automated ‘scraping’;
  • Using any automated system, including, without limitation, ‘robots,’ ‘spiders,’ ‘offline readers,’ etc., to access the Services;
  • Taking  any action that imposes, or may impose, at our sole discretion, an  unreasonable or disproportionately large load on our infrastructure;
  • Collecting  or harvesting any information relating to an identified or identifiable  individual, including User Account names and information about users of  the Services, from the Service;
  • Using the Services for any commercial solicitation purposes;
  • Submitting  to the Services or to Eggy any personally identifiable information,  except as necessary for the establishment and operation of your User  Account;
  • Submitting to the Services or to Eggy any information that may be protected from disclosure by applicable law;
  • Bypassing  the measures we may use to prevent or restrict access to the Services,  including, without limitation, features that prevent or restrict use or  copying of any content or enforce limitations on use of the Services or  the content therein;
  • Violating any applicable law, statute,  ordinance or regulation, or encouraging any conduct that could  constitute a criminal offense or give rise to civil liability;
  • Removing any copyright, trade mark or other proprietary rights notices contained in or on the Services;
  • Violating any applicable law, statute,  ordinance or regulation, or encouraging any conduct that could  constitute a criminal offense or give rise to civil liability;
  • Executing  any form of network monitoring or running a network analyser or packet  sniffer or other technology to intercept, decode, mine or display any  packets used to communicate between Eggy’s servers, the Services or any  data not intended for you; or
  • Using any communication methods  available on the Services for improper purpose, including but not  limited to sending communications and materials that are related to the  subject matter for which Eggy provides the communication method.
You  are granted a limited, non-exclusive right to create a text hyperlink  to the Services for non- commercial use only, provided such link does  not portray Eggy or any of its products or services in a false,  misleading, derogatory or otherwise defamatory manner, and provided  further that the linking site does not contain any pornographic,  illegal, offensive, harassing or otherwise objectionable material. You  are further granted a right to implement any RSS feeds located on the  Services for your personal, non-commercial use, solely as described on  the Services. We reserve the right to revoke these licenses generally,  or your right to use specific links or RSS feeds, at any time, with or  without cause.

Access to the Services may require the use of  your personal computer or mobile device, as well as communications with  or use of space on such devices. You understand that you are responsible  for any Internet connection or mobile fees and charges including  without limitation any charges associated with sending communications  via your device that you incur when accessing the Services.

You hereby acknowledge that you have the right to communicate with your contacts via the Services.
9. Third Parties
Eggy may provide other third-party content on the Services (collectively the ‘Third-Party Content’).  Eggy does not control or endorse any Third-Party Content and makes no  representation or warranties of any kind regarding the Third-Party  Content, including without limitation regarding its accuracy or  completeness. Please be aware that we do not create Third Party Content,  update, or monitor it. Therefore, we are not responsible for any  Third-Party Content on the Services.

You are responsible for  deciding if you want to access or use third party websites or  applications that link from the Services (‘Reference Sites’).  Eggy does not control or endorse any such Reference Sites or the  information, materials, products, or services contained on or accessible  through Reference Sites, and makes no representations or warranties of  any kind regarding the Reference Sites. In addition, your correspondence  or business dealings with, or participation in promotions of,  advertisers found on or through the Services are solely between you and  such advertiser. Access and use of Reference Sites, including the  information, materials, products, and services on or available through  Reference Sites is solely at your own risk.

You agree that Eggy  shall not be liable for any loss or damages of any kind incurred by you  as the result of any of your dealings with Third-Party Content,  Reference Sites, or service providers or advertisers available through  the Services.
10. Your Feedback
We  welcome your comments, feedback, suggestions, and other communications  regarding the Services and the information and services we make  available through the Services (collectively, ‘Feedback’).  If you provide Feedback, you hereby grant to Eggy a worldwide,  non-exclusive, transferable, assignable, sub-licensable, perpetual,  irrevocable, royalty-free license to copy, distribute, create derivative  works of, publicly display and perform and otherwise exploit such  Feedback and to use, make, have made, sell, offer for sale, import and  export products and services based on such Feedback. For this reason, we  ask that you not send Eggy any Feedback that you do not wish to license  to us as set forth above.
11. Our Intellectual Property
The  Services are owned and operated by Eggy. Unless otherwise indicated,  all content, information, and other materials on the Services (excluding  User Content, set out in clause 4), including, without limitation,  Eggy’s trade marks (including EGGY and LIFE UNSCRAMBLED) and any other  product or service name or other proprietary designation, logo, or  slogan used by Eggy), and the look and feel of the Services, including  the visual interfaces, page headers, button icons, scripts, graphics,  design, compilation, information, software, computer code (including  source code or object code), services, text, pictures, information,  data, sound files, other files and the selection and arrangement thereof  (collectively, the ‘Materials’) are the intellectual  property of Eggy and are protected by relevant intellectual property and  proprietary rights and laws.

All Materials contained on the Services  are the property of Eggy or its subsidiaries or affiliated companies  and/or third-party licensors and may not be used in whole or in part in  connection with any product or service that is not Eggy’s, in any manner  that is likely to cause confusion among customers, or in any manner  that disparages or discredits Eggy, without our prior written  permission.

Any use of the Eggy trade marks must be in accordance with  any guidelines that Eggy may provide you from time to time.

All  other trade marks referenced in the Services are the property of their  respective owners and are used for identification purposes only.  Reference on the Services to any products, services, processes or other  information, by trade name, trade mark, manufacturer, supplier, or  otherwise does not constitute or imply endorsement, sponsorship, or  recommendation thereof by us or any other affiliation.

Unless  otherwise expressly stated in writing by Eggy, by agreeing to these  Terms you are granted a limited, personal, revocable, non-transferable,  non-sub-licensable and non-exclusive right and licence to access and use  the Services, provided that you do not (and do not allow any  third-party to) contravene these Terms, including by copying, modifying,  creating a derivative work from, reverse engineering, reverse  assembling or otherwise attempting to discover any source code or  attempting to sell, assign, sublicense, grant a security interest in or  otherwise transfer any right in the Services, except where permitted by  law.

You will not remove, alter or obscure any copyright, trade  mark, service mark or other proprietary rights notices incorporated in  or accompanying the Services.

Except as expressly permitted by  applicable law or authorised by Eggy or applicable third-party service  providers or advertisers, you agree not to modify, rent, lease, loan,  sell, distribute or create derivative works based on the Services, the  software or content available on the Services (other than User Content  that you may submit), in whole or in part.
12. Disclaimer
1. If you choose to use the Services, you do so at your sole risk.

2. Eggy  explicitly disclaims any warranties of merchantability, satisfactory  quality, fitness for a particular purpose, quiet enjoyment or  non-infringement, and any warranties arising out of course of dealing or  usage of trade. Eggy makes no warranty that the Services will meet your  requirements or be available on an uninterrupted, secure, or error-free  basis. Eggy makes no warranty regarding the quality of any Users or the  Services, or collective content, or the accuracy, timeliness,  truthfulness, completeness or reliability of any collective content  obtained or generated by Eggy and the Services, or that any particular  results will be achieved.

3. Eggy and specifically disclaims any  responsibility or liability to any person or entity for any loss, damage  (whether actual, consequential, indirect, punitive or otherwise),  injury, claim, liability or other cause of any kind or character based  upon or resulting from any content on the Services.

4. Eggy does not guarantee that Services will be delivered in a timely fashion or at all.

5. No  advice or information, whether oral or written, obtained from Eggy or  through the Services or any content therein, will create any warranty  not expressly made herein.
13. Liability
1. Nothing  in these Terms limits, excludes, modifies or purports to limit, exclude  or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 Cth or similar consumer protection laws in the State and Territories of Australia (‘Non-Excludable Guarantees’).
2. Except  for any liability that cannot by law be excluded, including the  Non-Excludable Guarantees, Eggy (including its respective officers,  employees and agents) is not responsible for and excludes all liability  (including negligence), for any personal injury; or any loss or damage  (including loss of opportunity); whether direct, indirect, special or  consequential, arising in any way out of:
  • any technical difficulties or equipment malfunction (whether or not under Eggy’s control);
  • any theft, unauthorised access or third-party interference;
  • any lost, misdirected or corrupt emails or communications over, to or from Services;
  • the Services not being available for use at any time; or
  • any  loss or damage whatsoever (including but not limited to direct,  indirect or consequential loss) or personal injury suffered or sustained  in connection with use of the Services, however caused, including  failure of the Services or incorrect or corrupt data supplied by Eggy to  a User.
14. Indemnity
You  agree to indemnify and hold Eggy and its subsidiaries, affiliates,  officers, agents, representatives, employees, partners and licensors  harmless from any claim or demand, including reasonable attorneys’ fees,  made by any third-party due to or arising out of User Content you  submit, upload, transmit or otherwise seek to make available through the  Services, your use of the Services, your connection to the Services,  your violation of the Terms, your violation of any data protection or  privacy laws, or your violation of any rights of another person or  entity. Your rights with respect to Eggy are not modified by the  foregoing indemnification if the laws of your country of residence,  applicable as a result of your use of our Services, do not permit it.
15. Class Action Waiver
The  parties further agree that any arbitration shall be conducted in their  individual capacities only, and not as a class action or other  representative action. If any court or arbitrator determines that the  class-action waiver set forth in this clause is void or unenforceable  for any reason, or that an arbitration can proceed on a class basis,  then the arbitration provision set forth above shall be deemed null and  void in its entirety and the parties shall be deemed to have not agreed  to arbitrate disputes.
16. Choice of Law and Forum
These  Terms are governed by the laws of New South Wales, Australia. You and  Eggy submit to the exclusive jurisdiction of the courts of New South  Wales, Australia.
17. Termination
You  agree that Eggy may, under certain serious circumstances and without  prior notice, immediately terminate your User Account and/or access to  the Services. Cause for such termination shall include, but not be  limited to:
  • breaches or violations of the Terms or other incorporated agreements, policies or guidelines;
  • requests by law enforcement or other government agencies;
  • a request by you (e.g. a request to have your User Account deleted);
  • discontinuance or material modification to the Services (or any portion thereof);
  • unexpected technical or security issues or problems;
  • extended periods of inactivity; and/or
  • non-payment of any fees owed by you in connection with the Services.
You  agree that all terminations for cause shall be made in Eggy’s sole  discretion and that Eggy shall not be liable to you or any third-party  for any termination of your User Account or access to the Services.

Termination of your User Account may result in:
  • removal of access to all offerings within the Services;
  • deletion of personal information, files and Content associated with your User Account; and
  • barring of further use of the Services.
Notwithstanding  any other provision of these Terms, the parties agree that the  following clauses will survive termination of your User Account and/or  the Terms as will any other provision that expressly claims such  survival:
  • Clause 4 – User Content;
  • Clause 7 – Your Feedback;
  • Clause 8 – Intellectual Property;
  • Clause 9 – Disclaimer;
  • Clause 10 – Liability;
  • Clause 11 – Indemnity;
  • Clause 12 – Class Action Waiver;
  • Clause 13 – Choice of law and Forum; and
  • Clause 15 – General.
18. General
These Terms constitute the entire agreement between you and Eggy with respect to your use of the Services.

You  agree that no joint venture, partnership, joint controllership,  employment or agency relationship exists between you or your  organisation and Eggy as a result of the Terms or your use of the  Services.

A failure by Eggy to enforce any one of these terms  and conditions in any instance(s) will not give rise to any claim or  right of action by any other person or you.

If any provision of  the Terms is found by a court of competent jurisdiction to be invalid,  the parties nevertheless agree that the court should endeavour to give  effect to the parties’ intentions as reflected in the provision, and the  other provisions of the Terms remain in full force and effect.

You  may not assign, delegate or otherwise transfer your User Account or  your obligations under these Terms without the prior written consent of  Eggy. Eggy has the right, in its sole discretion, to transfer or assign  all or any part of its rights under these Terms and will have the right  to delegate or use third-party contractors to fulfil its duties and  obligations under these Terms and in connection with the Services.

Sections, titles and headings in the Terms are for convenience only and have no legal or contractual effect.

Any rights not expressly granted herein are reserved.
19. Modification of the Terms and Services
Certain  provisions of the Terms may be supplemented or superseded by expressly  designated legal notices or terms made available the Services. Eggy  reserves the right to update the Terms at any time and for any reason in  its sole discretion.

Eggy will notify you of any material changes to  the Terms or to any service or other features of the Services. By  continuing to access or use the Services, you are agreeing to be bound  by the modified Terms. If the modified Terms are not acceptable to you,  your only recourse is to cease using the Services.
20. Support and Questions
We will respond to any questions regarding the Services and these Terms via info@eggy.as.

We generally respond support requests within 2 days after the request is placed.

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