Application Use Terms and Conditions – Adzurra Pty Ltd
Welcome to our application. This application is owned and operated by Adzurra Pty Ltd (“the
Adzurra Platform” ACN 621 572 665). Should you continue to use this mobile application
(known as our “Service”), you are agreeing to comply with and be bound by the following terms
relationship with you in connection with our Service. Should you not agree with any of these
terms and conditions, please do not use our Service.
The term ‘Adzurra Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to Adzurra Pty Ltd, the owner of the
Service, based in Queensland, Australia. The term ‘you’ or ‘your’ refers to the Service user or
‘customer’ or ‘consumer’ utilising the Service.
We reserve the right at our sole discretion, to change, modify or otherwise alter these Terms at
any time, without reference or notification to users. You must review Adzurra’s Terms and
Conditions annually to keep informed of any changes.
Any new features or tools which are added to the Adzurra Platform shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any time
on this page. We reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website or in the app. It is your responsibility
to check this page periodically for changes. Your continued use of or access to the Adzurra
Platform following the posting of any changes constitutes acceptance of those changes.
Section 1 – Online Access
1. By agreeing to these Terms of Service, you represent that you are at least 18 years of
age or the age that is eligible to enter into contracts in your jurisdiction.
2. You may not use our product for any illegal or unauthorised purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but limited to copyright
3. You must not transmit any worms or viruses or any code of a destructive nature.
4. A breach or violation of any of the Terms will result in an immediate termination of your
Section 2 – General Conditions
6. We reserve the right to refuse service to anyone for any reason at any time.
7. Adzurra created the Adzurra Platform to allow Boutiques (which includes eCommerce,
Social Media and Bricks and Mortar brands) have access to direct marketing with a user
base that have the buying intent to purchase products subject to compliance with these
“you” and the consumers are referred to as “users” or “customers” as the context
8. You are specifically restricted from all of the following: publishing any Adzurra
unauthorised material in any other media; selling sublicensing and/or otherwise
commercialising any Adzurra material; publicly performing and/or showing any Adzurra
material; using Adzurra in any way that is or may be damaging to Adzurra; using Adzurra
in any way that impacts user access to Adzurra; using Adzurra contrary to applicable
laws and regulations, or in any way that may cause harm to Adzurra, or to any person or
business entity; engaging in any data mining, data harvesting, data extracting or any
other similar activity in relation to Adzurra and using Adzurra to engage in any
advertising or marketing unless agreed prior.
9. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us.
10. The headings used in this agreement are included for convenience only and will not limit
or otherwise affect these Terms.
Section 3 – Payments made in Adzurra
11. As a Boutique, you are required to pay for the nominated subscription fee plus the 10%
revenue share at the end of each month. By creating an account, you understand that
Adzurra is not the retailer of the products and is simply a lead generation marketplace.
You are aware that all purchases within Adzurra is paid directly to each Boutique from
which the product belongs too therefore all problems arising from the product must be
forwarded to the Boutique responsible for the purchased item.
12. As a Boutique on Adzurra, the platform ensures that your credit card details upon joining
Adzurra is safe and secured by a third party provider. If you are concerned about any
inconsistent transactions, please forward any problems to email@example.com.
Section 4 – Returns, Refunds and Exchanges
13. As Adzurra explicitly defines itself as a lead generation marketplace and not a retailer of
products and goods, Adzurra is not responsible for any returns, refunds and exchanges
of goods. Adzurra reserves the right to forward any concerns and problems regarding
returns, exchanges and refunds to the Boutique responsible for the product.
14. As a Boutique, you understand that all questions and problems concerning returns,
refunds and exchanges must be forwarded to you if a user purchases a product from
you. If there are further concerns between you and our users, problems may be
forwarded to Adzurra at firstname.lastname@example.org to uncomplicate matters in dire
Section 5 – Shipping
15. All shipping for products listed on Adzurra is the responsibility of the Boutiques on
Adzurra. Adzurra reserves the right to forward any concerns or problems concerning
shipping from our customers to the Boutique responsible for the product. Shipping is an
additional cost to each product transaction on the platform and Adzurra is not associated
with the shipping process.
Section 6 – Intellectual Property
16. Adzurra was created to give users the ability to purchase from hundreds of boutiques in
one seamless transaction. Other than the content that the Boutique generates and their
own intellectual property such as logos, brand identity material etc, under these Terms,
Adzurra and/or its licensors own all the intellectual property, rights and materials
contained on this Mobile application.
Section 7 – Personal Information
17. You and all Boutiques associated with Adzurra are responsible for keeping account
names and password secure as well as social media accounts/website/locations that is
attached to Adzurra, secure. Your submission of personal information through the
Section 8 – Representations and Warranties
Your use of the Adzurra Platform is subject to the following terms and conditions
18. The content on the Adzurra Platform is for your general information and use only. It is
subject to change without prior notice. The Service, including but without limitation to
Adzurra content, is provided on an “as is”, “as available” and “with all faults” basis.
Neither Adzurra nor its employees, managers, officers or agents, known collectively as
“Adzurra parties” make any representations or warranties or endorsements of any kind
whatsoever express or implied as to: (a) service (b) the Adzurra content (c) user content
or (d) security associated with the transmission of information to Adzurra or via the
19. In addition, the Adzurra parties hereby disclaim all warranties, express or implied,
including, but not limited to, the warranties of merchantability, fitness for a particular
purpose, non-infringement, title, custom, trade, quite enjoyment, system integration and
freedom from computer virus.
20. Adzurra parties do not represent or warrant that the Service will be error-free or
uninterrupted; that defects will be corrected; or that the Service or the server that makes
the Service available is free from any harmful components, including, without limitation,
viruses. The Adzurra parties do not make any representations or warranties that the
formation (including any instructions) on the Service is accurate, complete or useful. You
acknowledge that your use of the Service is at your sole risk.
21. The Adzurra parties do not warrant that your use of the Service is lawful in any particular
jurisdiction, and the Adzurra parties specifically disclaim such warranties. Some
jurisdictions limit or do not allow the disclaimer of implied or other warranties so the
above disclaimer may not apply to the extent such jurisdiction’s law is applicable to you
that your activities are lawful in every jurisdiction where you access or use the Service.
22. The Adzurra parties do not endorse the content and specifically disclaim any
responsibility or liability to any person or entity for any loss, damage (whether actual,
consequential, punitive or otherwise) injury, claim, liability or other cause of any kind or
character based upon or resulting from any content.
23.Neither we nor any third parties provide any warranty or guarantee as to the
performance, accuracy, timeliness, completeness or suitability of the information and
materials found or offered on this application for any particular purpose. You hereby
acknowledge that such information and materials may contain mistakes, inaccuracies or
errors and we expressly exclude any liability for such to the fullest extent permissible by
Section 9 – Limitation of Liability
24. In no event shall Adzurra, nor any of its officers, directors and employees, be held liable
for anything arising out of or in any way connected with your use of this mobile
application whether such liability is under contract. Adzurra, including its officers,
directors and employees shall not be held liable for any indirect, consequential or special
liability arising out of or in any way related to your use of our Service.
25. Your use of any information or materials on this application is entirely at your own risk,
for which we shall not be liable. It shall be your own responsibility to ensure that any
products, services or information available through our Service meet your specific
26. Our Service contains material which is owned by or licensed to us. This material
includes, but is not limited to, the content, design, layout, appearance, look and graphics
of the mobile application. Any reproduction of the application’s material is prohibited
other than in accordance with the copyright notice, which forms part of these terms and
27. Under no circumstances will the Adzurra parties be liable to you for any loss or damages
of any kind (including, without limitation, for any direct, indirect, economic, exemplary,
special, punitive, incidental or consequential losses or damages) that are directly or
indirectly related to (a) the Service (b) Adzurra’s content (c) your use of, or performance
of the Service (d) any action taken in connection with an investigation by the Adzurra
parties or law enforcement authorities regarding our or any other party’s use of the
Service (e) any action taken in connection with copyright or other intellectual property
owners (f) any errors or omissions in the Services operation.
28. You agree that in the event you incur any damages, losses or injuries that arise of
Adzurra’s acts or omissions, the damages, if any, caused to you are not irreparable or
sufficient to entitle you to an injunction preventing any exploitation of any website,
service, property, product or other content owned or controlled by the Adzurra parties
and you will have no rights to restrain development, production, distribution, advertising,
exhibition or exploitation of any application, property, product, service or other content
owned or controlled by the Adzurra parties.
29. By accessing the Service, you understand that you may be waiving rights with respect to
claims that are at this time unknown and unsuspected as Adzurra is not responsible for
the actions, content, information, or data of third parties, and you release us, our
directors, officers, employees, and agents from any claims and damages, known and
unknown, arising out of or in any way connected with any claim you have against such
30. All trademarks reproduced on the Adzurra Platform, which are not the property of, or
licensed to us, are acknowledged in this Agreement. Unauthorised use of this website
may be a criminal offence and/or give rise to a claim for damages.
31. This application may also, on occasion, include links to other applications or websites
which are not controlled by us. These links are provided for your convenience to provide
you with further information. You acknowledge that they are used at your own risk. They
do not signify that we recommend or endorse the third parties. We have no control over
the nature, content and availability of those websites or applications.
32. Your use of this application and any dispute arising out of your use of it is subject to the
laws of Queensland.
33.You may only use the application for lawful purposes and in a manner consistent with the
nature and purpose of the application. These terms and conditions do not relate to your
use of any product or service described on our application unless otherwise agreed. You
must refer to the individual warranty relevant to any particular product or service.
34. These terms and conditions may be amended from time to time. Your continued use of
our application following any such amendments will be deemed to be confirmation that
you accept those amendments.
35. We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
36. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs
and expenses (including legal costs and expenses on a full indemnity basis) resulting
from your use of the application.
37. In no event will we be liable for any loss, damage, cost or expense including legal costs
and expenses (whether direct or indirect) incurred by you in connection with the use of
38. Every effort is made to keep the application up and running smoothly. However, we take
no responsibility for, and will not be liable for, the application being temporarily
unavailable due to technical issues beyond our control.
Section 10 – Accuracy, completeness and timeliness of information
39. We are not responsible if information made available on the Adzurra Platform is not
accurate, complete or current. The material on the Adzurra Platform is provided for
general information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the material on this site is at your own risk.
48. This site may contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any information on
our site. You agree that it is your responsibility to monitor changes to our site.
Section 11 – Modification of Product Pricing and Brands
49. Prices for the Products are subject to change without notice. We reserve the right at any
time to modify or discontinue products and their pricing without notice or simply remove
a boutique on the platform. We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
Section 12 – Accuracy of billing and account information
50. We reserve the right to cancel or change any accounts you may have on the Adzurra
Platform. In the event, that we may cancel or change your account, we may attempt to
notify you by contacting the e-mail and/or phone number provided at the time the
account was made.
51. You agree to provide current, complete and accurate account and billing information.
You agree to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
52. Certain content, products and services available via our Service may include materials
from third-parties. Third-party links on this site may direct you to third-party websites that
are not affiliated with us. We are not responsible for examining or evaluating the content
or accuracy and we do not warrant and will not have any liability or responsibility for any
third-party materials or applications, or for any other materials, products, or services of
53. We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party’s policies and practices and
make sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be directed to the
Section 13 – Errors, inaccuracies and omissions
54. Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information in the
Service or on any related website or application if inaccurate at any time without prior
55. We undertake no obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on any related
website or mobile application, should be taken to indicate that all information in the
Service or on any related website or mobile application has been modified or updated.
Section 14 – Indemnification
56. You agree to indemnify, defend and hold harmless Adzurra Pty Ltd and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
Section 15– Severability
57. In the event that any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
Section 16– Termination
58. The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes. These Terms of Service are
effective unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our Services, or
when you cease using our application.
59. If in our sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to and including
the date of termination; and/or accordingly may deny you access to our Services (or any
Section 17 – Entire Agreement
60. The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These Terms of Service and any
policies or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including,
but not limited to, any prior versions of the Terms of Service)
61. Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
Section 18 – Assignment
62. Adzurra is allowed to assign, transfer, and subcontract its rights and/or obligations
under these Terms without any notification. However, you are not allowed to assign,
transfer, or subcontract any of your rights and/or obligations under these Terms.
Section 19 – Contact Information
63. Questions about the Terms of Service should be sent to us at email@example.com.