Mys Tyler App Terms & Conditions

 

Welcome to Mys Tyler! Are you ready for some relevant fashion inspiration? We’ve taken care of it. Before you start using our platform, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.  

 

TERMS AND CONDITIONS

 

This online platform (Platform) is operated by Mys Tyler Tech Pty Ltd ABN 98 640 037 074 (we, our or us).  It is available via our mobile application and may be available through other addresses or channels.  Our Platform describes the services, tools, information and resources we provide to our users (Services).

Acceptance

 

You accept these terms and conditions (Terms), by downloading or using our Platform. You must be 12 years of age or older to use our Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf. You must identify as a woman to use the Platform.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Terms of Service.

Signing up to our Platform

 

You must register on our Platform and create an account (Account) to access the functionality of our Platform.

You must provide basic information when registering for an Account including your name, email address, and you must choose a password.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate. You will be able to add a profile picture and create a unique handle.

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your name, current profile photo, the email address associated with your Social Media Account, your Facebook ID if registering for an Account with Facebook, and other basic information.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including Subscription purchases made using your Account details. At our sole discretion, we may refuse to allow any person to register or create an Account.

You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to register or create an Account.

Platform Functionality

 

Before you can begin using the Platform functionality, you will need to fill in a body survey, inputting information such as your age, height, dress size, bra size, skin colour, and body shape. If you are a Contributor, this information will be available on your profile for other users to see.

 

As a user, you will be able to see in your feed celebrities and Contributors with similar bodies and dimensions to you.

Users will be able to apply to be contributors and as a contributor you can upload your own posts which will appear in the feeds of matched users (Contributor). In order to become a Contributor, you will need to add a bio to your profile and upload four posts. More details about what you need to provide are available on the Platform. At our discretion, we may accept or reject any user who applies to be a Contributor.

 

Contributors may choose to add to their posts links to third party websites so that users can purchase items displayed in a post. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites. Any purchases you make of items linked to or referenced by Contributors or other users are made independently to the Platform.

 

Fees

You may access our Platform and some of our Services for free, however you must purchase a subscription in order to become a Contributor (Subscription). Our Subscription offerings and subscription periods are as set out on our Platform.

If you choose a Subscription, you will be required to and you agree to pay us the fees set out on the Platform in relation to your Subscription (Subscription Fee).

You must pay the Subscription Fee in advance for each billing cycle via one of the payment methods set out on the Platform which may include credit card, a third party payment processor or direct debit. The Subscription Fee will be automatically debited on the billing date set out in your Account (Billing Date). The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers, as set out on the Platform.

Your Subscription will automatically renew for the same term as your initial Subscription period unless you cancel your Subscription. You can read more about our cancellation policy below.

The Subscription Fee includes GST where applicable. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.

At our discretion, we may offer free or discounted Subscriptions. The details (including the Subscription Fee and Billing Dates) of any free or discounted Subscriptions will be set out on the Platform.

We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.

We may modify the Subscription Fees from time to time upon notice to you. The updated Subscription Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Subscription in accordance with the cancellation clause below.

Affiliate links

We have affiliate arrangements with certain retailers. You can see a list of current affiliate arrangements on our website. When Contributors add links to their posts, these links may be affiliate links due to our arrangements with retailers. This means that if users click on an affiliate link in a Contributor’s post, goes through to the retailer’s website and purchases an item, the Platform will receive a small percentage of the purchase (Affiliate Payment). As long as the Contributor has added their PayPal account, a percentage of any such Affiliate Payment we receive will be paid to the Contributor’s PayPal account. This percentage is set out on the Platform.   

Refunds, Holds and Cancellations

 

Cancelling your Subscription

You may cancel your Subscription at any time by providing us notice via email or through the Platform. We will provide you with confirmation that your Subscription has been cancelled via email or via the Platform. After you receive confirmation from us of cancellation of your Subscription, your access to the features of your Subscription will end on the next Billing Date. You will still be able to use the free features of the Platform.

To the extent permitted by law, and subject to your Statutory Rights, the Subscription Fee is non-refundable and no refunds will be made upon cancellation. Where you have cancelled your Subscription due to change of mind or other circumstances, we do not provide refunds of the Subscription Fee. We do not allow for a Subscription to be put on hold or “frozen”. 

Cancelling your Account

You may cancel your Account at any time in your Account page or by sending us an email. When you cancel your Account, you will lose access to the Platform and if you reactivate your Account at a later date, your posts, profile and any information you have uploaded through your body survey may no longer be available.

When you cancel your Subscription as a Contributor, your Account will remain however you will no longer be able to access the features available to Contributors.

 

Collection Notice

 

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our Services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process. 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Prohibited conduct

Mys Tyler is an inclusive and positive environment where women feel comfortable expressing themselves, sharing information, and supporting one another. You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including:

 

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

 

(2) using our Platform to bully, stalk, intimidate, assault, mistreat, defame, harass, threaten, menace or offend any person;  

 

(3) using our Platform to upload any inappropriate pictures;

 

(4) interfering with any user using our Platform;

 

(5) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

 

(6) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations;

 

(7) using our Platform to send unsolicited email messages; or

 

(8) facilitating or assisting a third party to do any of the above acts.

 

Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform and all of its features and content (Content). Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

We do allow you to share screenshots you have taken of your usage of our Platform, for the purposes of sharing your experience and promoting our Platform. You must receive prior written consent from other Contributors when their posts or information appears in any screenshot you intend to share.

User Content

 

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including information to describe yourself when creating your profile, and photos and text when creating posts (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform.

With Contributors’ prior approval, we may use User Content for our promotional purposes.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content, including any posts which violate these Terms or which we otherwise deem inappropriate.

 

Analytics

We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it: (a) does not contain identifying information; and (b) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.

We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.

Consumer Guarantees

 

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

 

Notice regarding Apple

 

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

 

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

 

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

 

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

 

You agree to comply with any applicable third-party terms when using our mobile application.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

 

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Liability

 

In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us, including items purchased through links provided in Contributors’ posts; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our Services to you, for whatever reason; and/or (6) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates or if you have not paid us any Subscription Fee, $10; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

 

This clause will survive the termination or expiry of these Terms.

Warranties and Indemnities

 

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; and (3) to provide all assistance, information and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Platform will be true, accurate and complete.

 

You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.  

    

This clause will survive the termination or expiry of these Terms.

 

Termination

 

You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. The ‘Cancelling your Account’ clause above will apply.

At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice to you if you are in material breach of these Terms (including for non-payment of our Subscription Fees), any applicable laws, regulations or third-party rights. Users have the right to report other users if they feel another user is not using our Platform as they should. Where possible, we will suspend your Account and allow you to rectify any undesirable behaviour, but if we need to, we will cancel your Account.

General

Information: The Content on our Platform is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date. 

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Competitors: You are prohibited from using our Platform, including the information and materials available on it, in any way that competes with our business.  If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.  In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you the Subscription Fees paid in advance by you in connection with the unused portion of the Services.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days’ prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution.

 

Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

 

Mys Tyler Tech Pty Ltd ABN 98 640 037 074

 

Email: hello@mys-tyler.zendesk.com

 

Last update: 28 July 2020