TERMS & CONDITIONS

Last updated on [03.03.2025].

Welcome to Rykoki!

To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we talk about “Rykoki”, “we,” “our,” or “us” in these Terms, we are referring to Givney Software, trading as (T/A) Rykoki, an Australian business with ABN 42 377 037 836. When we talk about the “Services” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website platform at rykoki.com (Website) and any associated services we offer.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

1 INTRODUCTION

These Terms set out the terms and conditions that apply when you use the Services.
By using the Services, ordering any goods or services through the Services, or otherwise engaging with the content on the Services, you represent and warrant that you:
1. are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or
2. are the parent or legal guardian of a person under the age of 18 who intends to use the Services, and you agree to be bound by these Terms on that person’s behalf.
Please have a careful read through these Terms before using the Services. If you don’t agree to these Terms, please don’t use the Services.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to the Terms as modified; and you’ll be taken to have affirmed each of your previous agreements to the Terms (in the forms the Terms took at the time of those previous agreements).

2 ACCOUNT REGISTRATION

In order to use the Services, you will be required to sign up for an account (Rykoki Account).
When you register for a Rykoki Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
1. maintaining the confidentiality and security of your Rykoki Account information and your password; and
2. any activities and those of any third party that occur through your Rykoki Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Rykoki Account information or your password.
Rykoki may, in its absolute discretion, suspend or cancel your Rykoki Account for any reason, including for any failure to comply with these terms.

3 SERVICES AND FEES

3.1 BETA SERVICES

You agree that if you access and utilise a beta version of the App and Content Management Services provided by Rykoki:
1. the Services are in beta testing and may not be error-free or entirely functional. They may also have design flaws or other issues;
2. using the Services could lead to unforeseen outcomes, data corruption or loss, the loss of content or communications, or other unknown harm or loss; and
3. Rykoki is not required to make the Services available in their final form. You accept full responsibility for all risks associated with using the beta services, including without limitation the potential for data loss or corruption.
You acknowledge that the Content Management Services and App from Rykoki are paid services, and that Rykoki has the right to alter the costs at any moment (Fees). If we do, we'll let you know in advance.
Depending on our current rates and billing procedures, you may pay these Fees through the Website, a mobile application store, or another method we may inform you of.

3.2 YOUR CONTENT

Rykoki Services allow you to
1. directly upload and submit files, documents, and other data to the Services, or you can use Your Account to view files, documents, and other material that you host on or submit to Services. "Your Content" refers to all such files, documents, and other information. You give Rykoki permission to access, utilise, and, in some situations, store Your Content on the Services. If you explicitly give other users access to read Your Content, the Services also let you share Your Content with them. However, sharing Your Content does not alter the fact that You still own Your Content.
In order to provide the Services to you and other related account holders, Rykoki is granted all necessary licences and permissions, on a non-exclusive, transferrable, sublicensable, worldwide basis and royalty-free basis. This includes the right to use, copy, modify (only for formatting purposes), display, perform, and distribute copies of Your Content. You will see Your Content while you use the Services as a result of this. As long as you do not allow anyone the aforementioned authorisation to read Your Content, Rykoki will not make Your Content accessible to other users of the Services. Nothing in these Terms shall be construed as restricting any rights that you may have to use and exploit Your Content. Rykoki makes no claim to ownership of Your Content.
All of Your Content is entirely your responsibility. In order to provide Rykoki the rights to Your Content under these Terms, you represent and warrant that you either own all of Your Content or that you have all the rights or permissions (including, but not limited to, permissions from any Linked Service Provider or owners) required. Additionally, you affirm and guarantee that your content does not:
1. violate the privacy, publicity, or intellectual property rights of any third party;
2. violate any applicable laws; or
3. contain viruses, malicious code, or other harmful components. Rykoki has no liability to you or any third party in relation to your content and you are solely responsible for any loss or damage suffered by Rykoki in relation to your content.
By writing us at hello@rykoki.com and asking for the deletion of Your Content, you can have Your Content removed. However, under certain conditions, some of Your Content might not be entirely deleted and copies of it might still be present on the Services. The removal or deletion of (or the failure to remove or delete) any of Your Content is not our responsibility or liability.
We reserve the right to screen, examine, monitor, or filter Your Content, even while we are not required to do so to operate the Services, ensure that these Terms are followed, or otherwise to comply with the law or other legal obligations. If we determine, in our sole discretion, that any of Your Content is objectionable or in violation of these Terms, we reserve the right to remove, delete, or disable any portion of Your Content at any time and without prior notice. We have the right to investigate any behaviour that impacts the Services or is in violation of these Terms, and we may speak with or work with law enforcement in order to address such violations.
Information obtained from Google APIs will be used by Rykoki in accordance with the Google API Services User Data Policy, including the Limited Use limitations, including the Limited Use requirements.

3.3 PAYMENT METHODS

We may use third-party payment providers (Payment Providers) to collect the Fees or Pay Later payments. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

3.4 CREDIT CARD SURCHARGES

We reserve the right to charge credit card surcharges in the event any payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

3.5 GST

In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

4 REFUNDS

Except as otherwise set out on our website or required by law (including the Australian Consumer Law), we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.

5 ACCEPTABLE USE

We’ll need you to make a few promises about the way you’ll use the Services.

You agree:

not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
not to attempt to breach the security of the Services or Rykoki’s system security, or otherwise interfere with the normal function of the Services, including by:
1. gaining unauthorised access to Rykoki Accounts or data about other users of the Services;
2. scanning, probing or testing the Services for security vulnerabilities;
3. overload, flood, mailbomb, crash or submit a virus to the Services or Rykoki’s system; or
4. instigate or participate in a denial-of-service attack against the Services or Rykoki’s system; and
to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.

6 LINKED SERVICE PROVIDERS

You acknowledge and agree that:

the Website provides links and introductions to service providers owned and operated by third parties that are not under the control of Rykoki;
the provision by Rykoki of introductions to service providers does not imply any endorsement or recommendation by Rykoki of any service provider;
Rykoki does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any service provider who is listed on the Website; and

7 YOUR CONTENT

7.1 TYPES OF CONTENT

As part of using the Services, you’ll be uploading images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app and Website, sharing content via the app on social media or by contacting us, or when you register a Rykoki Account (Posted Materials).

7.2 POSTED MATERIALS

By providing or posting any Posted Materials, you represent and warrant that:

you are authorised to provide the Posted Materials;
the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
the Posted Materials are not “passing off” of any product or service and does not constitute unfair competition;
the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, Rykoki and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);
the Posted Materials are accurate and true at the time they are provided;
any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

7.3 POSTED MATERIALS – IP LICENCE

By uploading any Posted Materials, you grant to Rykoki (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Rykoki to use, exploit or otherwise enjoy the benefit of such Posted Material.

7.4 REMOVAL OF POSTED MATERIALS

We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

8 OUR CONTENT

Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.

9 THIRD PARTY CONTENT & LINKS

The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

10 NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

these Terms are between you and Rykoki and not with Apple. Apple is not responsible for the Services or any content available on the Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
in the event of any failure of Rykoki to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Rykoki’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
1. product liability claims;
2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you 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;
3. you must comply with applicable third-party terms of agreement when using the Services; and
4. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, 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.

11 OPERATION OF THE WEBSITE DEPENDENT ON THIRD PARTIES

You acknowledge that the Website may be dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party providers, the Website can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

12 SERVICE LIMITATIONS

The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:

the Services will be free from errors or defects;
the Services will be accessible or available at all times;
messages sent through the Services will be delivered promptly, or delivered at all;
information you receive or supply through the Services will be secure or confidential; or
any information provided through the Services is accurate or true.

13 CANCELLATION OF YOUR ACCOUNT

13.1 CANCELLATION BY YOU

You are responsible for the cancellation of your Rykoki Account. You can cancel your Rykoki Account at any time by using the functionality provided in the app or through the Website providing that:
1. you have paid all amounts owing to us; and
2. no disputes or refunds are in progress.

13.2 CANCELLATION BY US

To the extent permitted by law, we reserve the right to terminate your Rykoki Account at any time and if we do so, this agreement will continue to apply to any Bills accepted prior to such closure until all amounts owing are received in full.
We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
We may also limit your access to our Website or suspend your Rykoki Account if we suspect that there is any unlawful, fraudulent or improper activity on your Rykoki Account.

13.3 EFFECT OF CANCELLATION

Except as otherwise stated, this agreement will terminate once your Rykoki Account is closed but you will remain responsible for all outstanding obligations relating to the Rykoki Account even after it has been closed.
Upon cancellation, termination or expiry of your Rykoki Account, we will delete any Posted Materials associated with your Rykoki Account. You won’t be able to recover any of this after cancellation, termination or expiry of your Rykoki Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Rykoki Account.

13.4 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

14 SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

15 DISCLAIMER

You understand and agree that your use of the services is at your sole risk. The Services and Content are provided "AS IS," without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content. No advice or information obtained from Heyday or elsewhere will create any warranty not expressly stated in these Terms. Rykoki will have no liability for any claims, losses or damages caused by Your Content or any results produced by the Services based upon Your Content. You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data, confidentiality or privacy in connection therewith.
The information contained in our Website is for general information purposes only and should not be taken as financial advice. Rykoki is not a financial advisor and is not liable for any loss caused, whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, on our Website. You should consider seeking independent financial or otherwise to check how the information relates to your unique circumstances.
To the maximum extent permitted by applicable law, Rykoki limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
You agree to indemnify Rykoki and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
To the maximum extent permitted by law, under no circumstances will Rykoki be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

16 PRIVACY

You agree to be bound by the clauses outlined in Rykoki’s Privacy Policy, which can be found at https://rykoki.com/privacy

17 LOCATION OF SERVICES

Rykoki controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.

18 NOTICES

A notice or other communication to a party under this agreement must be:
1. in writing and in English; and
2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party,
whichever is earlier.

19 GENERAL

19.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

19.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

19.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

19.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

19.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

19.8 INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to $; or “dollar” is to Australian currency;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.