The folliowing information outlines the terms and conditions applicable to the provision of self-build and custom-build services offered by iSmart Apps Pty Ltd via the App Wizard website (appwizard.com.au).
1. It is your responsibility to ensure content included in any App developed by you via the App Wizard website conforms to the terms and conditions (requirements) set out by Apple Inc. (for Apps published on the 'App Store' - see App Store Review Guidelines for details), and/or as set out for Google Inc. (for Apps published on the 'Play Store' - see Google Play Developer Program Policies for details). You acknowledge that App content that does not meet these requirements may prevent your App from being successfully published.
2. If a 'Custom Development Approval' is signed, iSmart Apps Pty Ltd (known as iSmart Apps hereafter) are authorised to develop one or more mobile applications on your behalf.
3. iSmart Apps are authorised to publish (online) one or more mobile applications (Apps) on your behalf on the Apple App Store and/or the Google Play Store (if and as agreed with the subscriber / customer).
4. iSmart Apps are authorised to utilise images and other online material sourced from your website, or the website otherwise provided to iSmart Apps (duly authorized by you), for the purposes of developing your mobile application.
5. iSmart Apps are authorised to publish (online), including at the Apple App Store and Google Play Store, images and other material sourced from your website, or a website otherwise provided to iSmart Apps (duly authorized by you), as part of your mobile application and/or the associate publishing process.
6. iSmart Apps are authorised to utilise the corporate logo of an App Wizard account holder's organisation (or the corporate logo of the organisation represented by the account holder) in App Wizard promotional and marketing material.
7. iSmart Apps (and/or its affiliates, employees, licensors or agents) are not liable for any loss incurred by you (and/or the organisation you represent) as a result of the use of the mobile application by you (and/or the organisation you represent) and/or its patrons.
8. All source code is proprietary intellectual property (IP) of iSmart Apps and and is protected under Copyright Law. All rights are reserved. You agree not to use any source code in other interests, other projects and agree not to share it in full or in part with any other third parties.
9. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
10. iSmart Apps has established redundant multi-national information technology infrastructre to ensure, to the best of our capacity, that disruptions to the service are minimised, however iSmart Apps expressly disclaims any representation or warranty that the iSmart Apps service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by iSmart Apps its employees, licensors or agents will create a warranty, nor may you rely on any such information or advice.
11. Under no circumstances will iSmart Apps or its affiliates be liable for any direct, indirect, incidental, special or consequential damages for any result from the use of or inability to use iSmart Apps’ service(s) including but not limited to reliance on any information obtained on the iSmart Apps service or that may result from mistakes, omissions, interruptions, deletion of files or email, loss of or damage to data errors, defect, viruses, delays in operation or transmission or failure of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to iSmart Apps records, programs, or services. You hereby acknowledge that this provision will apply whether or not iSmart Apps is given notice of the possibility of such damages and that this provision will apply to all services available from iSmart Apps and its affiliates.
11. Under no circumstances shall damages include the loss of business or loss of profits whether based on breach of agreement, breach of warrant, product liability or otherwise to any party in privy to this agreement, or any third party so situated.
12. You agree to indemnify iSmart Apps against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to legal fees and costs) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copy right trademark, service mark, trade secrets, right of privacy or publicity or any other third party right).
Updated January 2024
