Last updated: November 25, 2020

Legal Information

Privacy Statement

DS Business Services, trading as Arility (“Arility,” “we,” “us,” “our”), is committed to letting you know how we will collect and use your personally identifiable information. This Privacy Statement is applicable to your use of the Arility’ websites (the “Website”). We have established this Privacy Statement to let you know the kinds of information we may gather when you use the Website, why we gather your information, what we use your information for, when we might disclose your information, and how you can manage your information.

This Privacy Statement does not apply to information that users may submit to us offline, by email or other electronic file transmission not facilitated by our Website, or to third-party websites that may be linked to or from the Website. We are not responsible for the actions and privacy policies of third-party websites.

By using the Website, you are accepting the practices described in this Privacy Statement. If you do not agree to the terms of this Privacy Statement, please do not use the Website. We reserve the right to modify the terms of this Privacy Statement from time to time. Your continued use of the Website following the posting of changes will mean you accept those changes.

Information Collected

We may collect three basic types of information about users of the Website.

Information You Give Us: We receive and store information you enter on our Websites or give us in any other way, including your name, mailing address, phone number, email address, and job application.

Information We Automatically Collect: We collect information about your use of our Website, such as the pages you view and other interactions you have. We receive and store certain types of information whenever you interact with our Websites. This information includes device and connection information such as statistics on your page views, traffic to and from our Website, referral URL, ad data, your IP address, and device identifiers.

Information From Other Sources: We may supplement the personal information we collect with information from third parties or collected offline.

Use of Your Information

We use the information we learn about you to help us personalize and continually improve your experience using the Website. We may use your information to: (1) provide requested content; (2) personalize content on our Website; (3) send you communications about our services or special events; (4) communicate with you and respond to inquiries; (5) optimise or improve the Website and our operations; (6) detect, investigate, and prevent activities that may violate our policies or be illegal; and (7) perform statistical, demographic, and marketing analyses of users of the Website.

We may also use or combine information that we collect through the Website with information that we collect about you offline to enhance, expand, and check the accuracy of our records.

Sharing Your Information

We may disclose your personal information collected via the Website to our agents, affiliates, partners, and other third parties, as described below. We may disclose information that does not specifically and personally identify you, such as aggregate information, device identifiers or other unique identifiers to third parties.

Third-Party Agents and Service Providers: We have third-party agents, subsidiaries, affiliates and service providers that perform functions on our behalf, including, but not limited to, hosting, providing the platform used to deliver the Website, technical integration, hosting, and analytics. These entities may have access to personal information, if needed, to perform their functions.

Assignment: We may change our ownership or corporate organization while providing the Website. We may also sell certain assets associated with the Website. In such event, we may transfer some or all of your information to an entity acquiring all or part of our assets or to another entity with which we have merged.

Law Enforcement, Legal Process, and Emergency Situations: We may also use or disclose your personal information if required to do so by law or on the good-faith belief that such action is necessary to: (1) conform to applicable law or comply with legal process served on us or the Website; (2) protect and defend our rights or property, the Website or our users, or (3) act to protect the personal safety of us, users of the Website, or the public.

Cookies & Tracking Technologies

The Website uses “cookies” to collect information about your visit and to manage your preferences. A cookie is a small computer code added to a file on your computer as a record of its visit. It does not collect or provide your personal information. It can, however, be used to note information about your visit, such as your type of web browser, operating system and Internet Protocol (“IP”) address, to better tailor the Website for you. We may share information obtained from the varying kinds of cookies with third parties, including vendors, advertisers and others. You can control what cookies are accepted by your device through the settings on your browser or by deleting them. Doing so, however, may limit the personalisation available to you.

We use Google Analytics, a web analytics service provided by Google, Inc. on our Website. These analytics services use cookies or other tracking technologies to help us analyse how users interact with and use the Website, compile reports on activity, and provide other analytical services and reports. The technologies used by these analytics services may collect information such as your IP address, time of visit, whether you are a return visitor, any referring website, and other information. Our Website does not use these analytics services to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here.

Please note that, although your device may include “Do Not Track” functionality, Arility’ information collection and disclosure practices will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.

Opting-Out of Email Marketing Communications

You may always opt-out of receiving future email marketing messages from Arility. We provide you with the opportunity to opt-out of such communications from us by clicking the “unsubscribe” link at the bottom of each marketing email. Please note that you may not opt-out of our service-related communications.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Arility and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Arility. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Arility takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Terms of Service

Please read these Terms of Service (‘Terms’,‘Terms of Service’) carefully before using the Arility application (the ‘Service’)operated by DS Business Services T/A Arility (‘Arility’, ‘us’, ‘we’,or ‘our’). These Terms apply to all users and others who access or use the Service. Please be aware of your physical surroundings when using Arility. Make sure you are in a safe and well lit location. Children require parental supervision when using Arility.

Leaders.

Our Service allows you to email pictures taken within the app to your email address. You are responsible for the Content that you send using the Service, including its legality, reliability, and appropriateness. Respecting other people’s rights By using the Services, you agree that: You will not use the Services for any purpose that is illegal or prohibited in these Terms. You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information. You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent. You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. You will not use or attempt to use another user’s account, username, or password without their permission. You will not solicit login credentials from another user. You will not share images that contains pornography, nude, partially nude, sexually suggestive, graphic violence, threats, hate speech, or incitements to violence. You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorised to access. You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these Terms.

Your Safety. We care about your safety so please be aware of your surroundings while using our Services. Your use of the Service is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. Please do not use our Services in a way that would distract you from obeying traffic or safety laws, or might put yourself or others in harm’s way. The Service should not be used while driving a vehicle of any description, nor should it be used in a location or manner that would put the user in an unsafe situation.

Copyright Policy. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ('Infringement') of any person. If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing with the heading of 'Copyright Infringement Notice' to https://arility.com/contact.html and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright. Copyright Infringement Notice In order to lodge a complaint with us, please contact using the details above with the following information: Your name and address; Details of the alleged breach of copyright; and URL link to the alleged breach of copyright (if applicable). A picture of the alleged breach of copyright (if applicable) Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Arility and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Arility. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms. Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute. You must not modify the physical or digital copies of any Content you print off, download or take a picture of in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Links To Other Websites. Our Service may contain links to third-party web sites or services that are not owned or controlled by Arility. Arility has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Arility shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination. We may terminate or suspend your service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending acommunication to any address (email or otherwise) that we have for you in our records.

Indemnification. As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

Limitation of Liability. You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer. Your use of the Service is at your sole risk. The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Arility its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law. These Terms shall be governed and construed in accordance with the laws of Western Australia, 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 waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof. Contact Us If you have any questions about these Terms, please contact us on https://arility.com/contact.html

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