Pre-Launch/Launch Access & User Agreement Clause
1. By accessing and using keepyourducksinarow.com (Website) & (APP) ("KYDIR, we", "our", "us"), during its pre-launch and or launch, or limited-time free testing period ("Testing Period"), you ("User") acknowledge and agree to the following terms:
a) Beta/Testing Nature of the App:
You acknowledge that the App is in a pre-release or beta phase and may contain bugs, errors, and other issues. As such, functionality may be incomplete or unstable, and the App may undergo frequent changes without notice.
b) Feedback Contribution:
As a condition of free access, you agree to provide feedback regarding your experience with the App, including usability, performance, errors, and suggestions for improvement. Providing feedback does not guarantee any changes or updates to the App based on your input. All feedback becomes the property of the App owner and may be used without restriction or compensation.
c) No Warranty or Guarantee:
The App is provided 'as is' and 'as available' during the Testing Period, without any express or implied warranties. The App owner disclaims all liability for damages or losses arising from your use of the App.
d) Limitation of Liability & Indemnity:
You agree to use the App at your own risk and to indemnify, defend, and hold harmless the App owner, its developers, affiliates, and partners from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of the App during the Testing Period.
e) Data & Privacy:
You acknowledge that while reasonable steps will be taken to protect your data, the App is in a testing phase and data loss, or exposure may occur.
f) Termination of Access:
The App owner reserves the right to modify or terminate access to the App at any time, for any reason, without prior notice.
g) Non-Commercial Use:
The App may be used solely for personal, non-commercial testing during this period.
h) Governing Law:
This agreement shall be governed by the laws of the applicable jurisdiction of the App owner.
WEBSITE & APP TERMS AND CONDITIONS OF USE
1. About the Website & APP
Welcome to keepyourducksinarow.com (Website) & (APP) ('KYDIR, we', 'our', 'us'), your ultimate companion for managing personal goals, budgets, and warranties. Our app is designed to help you stay organized and achieve your objectives with ease. Whether you're tracking your progress towards a new goal, managing your budget, or keeping tabs on your warranties, keepyourducksinarow.com has got you covered.
With a user-friendly interface and powerful features, keepyourducksinarow.com the perfect tool for anyone looking to streamline their personal management tasks. Our app is available worldwide, ensuring that you can access your information anytime, anywhere.
a) The Website provides you with:
i. information about the tools and features we provide users within our APP.
ii. Links to download Keep Your Ducks In A Row (APP)
b) The APP provides the user with:
i. this service by way of granting the user access to the APP.
ii. the users with an opportunity to register and purchase different feature limits and or levels within our APP (Product/Service).
c) APP Features Overview:
The app offers the following management tools:
iii. Personal Goals Setting and Tracking
iv. Budget Management
1. Budget setting
2. Recording of real time income and expenses
3. Comparisons between budget set and real time recording of income and expenses
v. Asset and Warranty recording & Tracking
2. Noticeboard and Advertising
a) The APP may feature a noticeboard on the home page where Keep Your Ducks In A Row Pty Ltd can post messages and paid advertisements. These advertisements are intended to assist in covering the costs of maintaining and improving the APP.
b) Advertisements may include promotions, offers, and other commercial content relevant to the APP's users. Keep Your Ducks In A Row Pty Ltd, reserves the right to select and display advertisements at its sole discretion.
c) Users acknowledge and agree that the presence of advertisements on the noticeboard does not imply endorsement or recommendation by Keep Your Ducks In A Row Pty Ltd.
d) Keep Your Ducks In A Row Pty Ltd will ensure that advertisements are displayed in a manner that does not interfere with the primary functionality and user experience of the APP.
3. Website & APP Terms and Conditions
These Terms and Conditions (“Terms”) govern your free or purchases and use of all subscription plans(“Subscription”) offered by keepyourducksinarow.com (Website) & KYDIR (APP) mobile application (“APP”, “we”, “us” or “our”), including all tools, services and content. By starting a Subscription, you (“you” or “user”) agree to be bound by these Terms and our general terms of Service and Privacy Policy.
a) The Website and APP is operated by Keep Your Ducks In A Row Pty Ltd (ACN 687 392 561) (ABN 89 687 392 561). Access to and use of the Website and APP, or any of its associated Products or Services, is provided by Keep Your Ducks In A Row Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website and APP, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and APP, or any of Services, immediately.
b) Keep Your Ducks In A Row Pty Ltd, reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Keep Your Ducks In A Row Pty Ltd, updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
4. Acceptance of the Terms
You accept the Terms by continuing to use the Website and APP. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Keep Your Ducks In A Row Pty Ltd in the user interface within the APP. If you do not agree, please discontinue use.
5. Registration to use the Free and Purchase Services Subscription
a) To access the Free and Purchase Services subscription, you must first register as a user of the APP. As part of the registration process, or as part of your continued use of either the Free or Purchase Service
i) you may be required to provide personal information about yourself (such as identification or contact details).
ii) If you choose to purchase the service subscription you agree to authorize us (or our third-party payment processors) to charge your selected payment method on a recurring basis for the applicable fee.
iii) When you are registering for either a free or paid service subscription from the APP and or our website, you agree to:
1) authorize us to use your personal details to send you SMSs and or emails to send you information.
2) and our third-party for One Time Password (OTP), to use your personal details to send you SMSs and or emails, to provide you with a OTP and, to advise you of when your APP account has been logged into from another device.
b) You warrant that any information you give to Keep Your Ducks In A Row Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
c) Once you have completed the registration process, you will be a registered member of the APP (User/Member) and agree to be bound by the Terms. As a User/Member, you will be granted immediate access to either the Free or Purchase Services.
d) You may not use the Free or Purchase Services and may not accept the Terms if:
i) you are not of legal age to form a binding contract with Keep Your Ducks In A Row Pty Ltd; or
ii) you are a person barred from receiving the Free or Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Free or Purchase Services.
6. User Responsibilities & Permitted Use
Your obligations as a User/Member:
a) By using this APP, you agree to use its features, including but not limited to goal tracking, budgeting tools, and warranty management, solely for personal, lawful, and non-commercial purposes. You are responsible for:
i) Ensuring the accuracy and completeness of any data you input, including financial information, personal goals, and warranty details.
ii) Keeping your account credentials secure and notifying us immediately of any unauthorized access or suspected security breach.
iii) Complying with all applicable local, national, and international laws and regulations when using the App.
b) You must not:
i) Use the App for any unlawful purpose, including activities that infringe on intellectual property rights or privacy rights of others.
ii) Attempt to gain unauthorized access to any part of the App, its servers, or networks connected to our services.
iii) Introduce malware, attempt to reverse-engineer the App, or interfere with its security, functionality, or availability.
c) As a User/Member, you agree to comply with the following: You will use the Free or Purchase Services only for purposes that are permitted by:
i) the Terms
ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions
iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Free or Purchase Services
iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Keep Your Ducks In A Row Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware
v) access and use of the APP is limited, non-transferable and allows for the sole use of the APP by you for the purposes of Keep Your Ducks In A Row Pty Ltd providing the Free or Purchase Services
vi) You will not use the Free or Purchase Services or the APP for any illegal and/or unauthorized use, including but not limited to unauthorized framing of or linking to the Website.
vii) You agree to use the APP solely for its intended purpose of providing management tools for personal use. Any misuse of the APP, including attempts to exploit its features for unauthorized activities, may result in the termination of the Free or Purchase Services. Keep Your Ducks In A Row Pty Ltd will take appropriate legal action for any illegal or unauthorized use of the APP.
viii) you acknowledge and agree that any automated use of the APP or its Free and Purchase Services is prohibited.
ix) you will not attempt to reverse engineer, decompile, or disassemble any part of the Website or Purchase Services, or attempt to derive the source code or underlying ideas or algorithms of any part of the Website or Purchase Services
We reserve the right to suspend or terminate your account without prior notice if we determine, in our sole discretion, that your actions violate these Terms or impair the integrity of the App experience for others.
7. Purchase/Payment of Products and Refund Policy
a) Refunds are only applicable to paid subscriptions and are limited to the amount paid. Refunds are not available for the free version.
b) In using the Free or Purchase Services to purchase the features within the APP, you will agree to the payment of the purchase price listed on the APP for the Product/Service (Purchase Price).
c) Payment of the Purchase Price may be made through Stripe (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
d) Following payment of the Purchase Price being confirmed by Keep Your Ducks In A Row Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Keep Your Ducks In A Row Pty Ltd may record your purchase details for future use.
e) Keep Your Ducks In A Row Pty Ltd may, at their sole discretion, provide a refund for the subscription service within 28 days of purchase, provided that the service has not been used beyond a reasonable trial period. You acknowledge and agree that refunds are limited to the amount paid for the subscription service.
f) All refund requests must be made in writing to Keep Your Ducks In A Row Pty Ltd, within the specified day period. Keep Your Ducks In A Row Pty Ltd, reserves the right to refuse a refund if the User has been using the APPs tool feature services for more than 7 days.
8. Subscription Terms & Price Changes
a) Subscription Plans
i) Description. Each Subscription provides access to premium features described at checkout.
ii) Pricing. Current fees for each plan are displayed in‑app prior to purchase and are stated in currency inclusive/exclusive of applicable taxes as indicated. Includes payment obligations, cancellation policy and refund terms.
b) Price Changes
We may change Subscription fees at any time but will give you at least 30 days prior notice. New prices take effect on your next renewal date. Continued use after the change constitutes acceptance.
c) Billing Cycle & Auto‑Renewal
i) Recurring Charges. Subscriptions renew automatically at the end of each billing cycle (monthly/annual, as selected) until cancelled.
ii) Payment Method. You authorize us (or our third‑party payment processor) to charge the payment method linked to your App Store / Google Play / direct account.
iii) Failed Payments. If a payment is not successfully settled, we may suspend or terminate your access until we receive payment.
d) Subscription Plans
i) Description. Each Subscription provides access to premium features described at checkout.
ii) Pricing. Current fees for each plan are displayed in‑app prior to purchase and are stated in currency, inclusive/exclusive of applicable taxes as indicated.
e) Free Trials (if offered)
iii) We may provide an initial free‑trial period (“Trial”). Unless you cancel before the Trial ends, your chosen Subscription will begin automatically, and your default payment method will be charged the then‑current fee.
f) Discounted offers (if offered)
i) From time to time, Keep Your Ducks In A Row Pty Ltd, may offer discounted subscription plans or features through the use of voucher codes. These voucher codes must be entered at the time of purchase to receive the discount.
ii) Voucher codes are valid for a limited period as specified in the offer and cannot be redeemed after their expiration date.
iii) Voucher codes are non-transferable and cannot be exchanged for cash or combined with other offers.
iv) If a voucher code is applied to a subscription plan, the discount will be reflected in the billing cycle immediately following the application of the code.
v) Keep Your Ducks In A Row Pty Ltd, reserves the right to modify or cancel voucher code offers at any time without prior notice.
9. Feedback and Reviews
By using the App, you may have the opportunity to submit feedback, suggestions, reviews, ratings, or other comments related to your experience with the App (“Feedback”).
a) Voluntary Submission
All Feedback is provided voluntarily. Submitting Feedback does not create any obligation on our part to review, act on, or respond to it.
b) License to Use Feedback
By submitting Feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, display, and incorporate your Feedback into the App, our website, marketing materials, or other services, with or without attribution, for any purpose, including promotional use or service improvements.
c) Discretionary Use
You acknowledge and agree that we may, at our sole discretion, choose to use or not use your Feedback for any purpose, including but not limited to development improvements, marketing, or public display. Submission of Feedback does not guarantee its use or publication.
d) Public Display of Feedback
Any Feedback submitted may be publicly displayed on our App, website, or other promotional materials, with or without user attribution. We reserve the right to select, edit, or remove content for publication purposes.
e) Responsibility for Content
You are solely responsible for the content of your Feedback. You agree not to submit any content that is false, misleading, defamatory, offensive, or that violates any law or the rights of others.
f) Third-Party Platforms
Reviews submitted via third-party platforms (such as the Apple App Store or Google Play) are also subject to those platforms’ terms and conditions. Where permitted, we may reference or display such reviews in our own materials.
10. Warranty
a) Keep Your Ducks In A Row Pty Ltd's features/tools come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a refund for a major failure of the service.
b) You may make a claim under this clause (Warranty Claim) for significant issues affecting the functionality or performance of the App within 7 days from the date of purchase (Warranty Period).
c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Keep Your Ducks In A Row Pty Ltd showing the date of purchase, provide a description of the registration level and the price paid, sending written notice to Keep Your Ducks In A Row Pty Ltd by email to admin@keepyourducksinarow.com .
d) Where the Warranty Claim is accepted then Keep Your Ducks In A Row Pty Ltd will, at its sole discretion, provide you with a full refund.
e) The Warranty shall be the sole and exclusive warranty granted by Keep Your Ducks In A Row Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Service Products to which this warranty relates.
f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
11. Copyright and Intellectual Property
a) All content, trademarks, logos, designs, and features within eh APP and Website is owned by Keep Your Ducks In A Row Pty Ltd or licensed to it. You retain rights to user-generated content but grant us a licence to use it. You agree that:
i) You may use the App’s content and tools solely for personal, non-commercial use in accordance with these Terms.
ii) You may not copy, modify, distribute, display, or create derivative works from any part of the App without our prior written consent.
iii) User-generated content remains your intellectual property, but by uploading content to the App (e.g., custom goals or budgets), you grant us a non-exclusive, royalty-free, worldwide license to use, store, and display it for the purpose of operating and improving the App.
b) The Website and APP, the Free and Purchase Services of Keep Your Ducks In A Row Pty Ltd are subject to copyright. The material on the Website and APP is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes and are reserved by Keep Your Ducks In A Row Pty Ltd or its contributors.
c) Keep Your Ducks In A Row Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website and APP will transfer to you:
i) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Keep Your Ducks In A Row Pty Ltd; or
ii) the right to use or exploit a business name, trading name, domain name, any trademark or industrial design; or
iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
d) You may not, without the prior written permission of Keep Your Ducks In A Row Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
e) You agree to promptly notify of any actual or suspected infringement of 's intellectual property rights that comes to your attention. In the event of any unauthorized use of 's intellectual property, reserves the right to seek all available legal and equitable remedies, including injunctive relief.
12. General Disclaimer
a) You acknowledge that Keep Your Ducks In A Row Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
b) Keep Your Ducks In A Row Pty Ltd will make every effort to ensure a Product/Service is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
d) Subject to this clause, and to the extent permitted by law:
i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
ii) Keep Your Ducks In A Row Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
e) Use of the Website, the Purchase Services, and any of the products of Keep Your Ducks In A Row Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Keep Your Ducks In A Row Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Keep Your Ducks In A Row Pty Ltd including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Keep Your Ducks In A Row Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website)
iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products
iv) the Content or operation in respect to links which are provided for the User's convenience
v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. Limitation of Liability
a) The APP provided/offered “as is”. We’re not liable for indirect losses or disruptions.
b) Keep Your Ducks In A Row Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Keep Your Ducks In A Row Pty Ltd is the resupply of information or Purchase Services to you.
c) You expressly understand and agree that Keep Your Ducks In A Row Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
d) Keep Your Ducks In A Row Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Free or Purchase Services, whether posted or caused by users of the website of Keep Your Ducks In A Row Pty Ltd, by third parties or by any of the Purchase Services offered by Keep Your Ducks In A Row Pty Ltd.
e) Notwithstanding any other provision of these Terms, shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website or the Purchase Services, including but not limited to damages for loss of profits, use, data or other intangibles, even if has been advised of the possibility of such damages.
14. Termination of Contract
a) The Terms will continue to apply until terminated by either you or by Keep Your Ducks In A Row Pty Ltd as set out below.
b) If you want to terminate the Terms, you may do so by:
i) notifying Keep Your Ducks In A Row Pty Ltd at any time; and
ii) closing your accounts for all of either the Free or Purchased Services which you use, where Keep Your Ducks In A Row Pty Ltd has made this option available to you.
c) Your notice should be sent, in writing, to Keep Your Ducks In A Row Pty Ltd via the 'Contact Us' link on our homepage.
d) Keep Your Ducks In A Row Pty Ltd may at any time, terminate the Terms with you if:
i) you have breached any provision of the Terms or intend to breach any provision
ii) Keep Your Ducks In A Row Pty Ltd is required to do so by law
iii) the partner with whom Keep Your Ducks In A Row Pty Ltd offered the Free or Purchased Services to you has terminated its relationship with Keep Your Ducks In A Row Pty Ltd or ceased to offer the Purchase Services to you
iv) Keep Your Ducks In A Row Pty Ltd is transitioning to no longer providing the Free and Purchase Services to Users in the country in which you are resident or from which you use the service, or
v) the provision of the Free and Purchase Services to you by Keep Your Ducks In A Row Pty Ltd is, in the opinion of Keep Your Ducks In A Row Pty Ltd, no longer commercially viable.
e) Subject to local applicable laws, Keep Your Ducks In A Row Pty Ltd reserves the right to discontinue or cancel your membership to the APP at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Free or Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Keep Your Ducks In A Row Pty Ltd's name or reputation or violates the rights of those of another party.
f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Keep Your Ducks In A Row Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15. Changes to the Service/Subscription
a) We reserve the right to add, modify, or remove features from the App, including premium features, at any time. If a change significantly reduces the functionality of your Subscription, you may cancel and request a prorated refund for the unused portion of the current period.
16. Indemnity
a) You agree to indemnify Keep Your Ducks In A Row Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website
ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms, and/or
iii) any breach of the Terms.
17. Dispute Resolution
a) Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
b) Notice
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
c) Resolution
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree
ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the ??? or his or her nominee
iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation
iv) The mediation will be held in New South Wales, Australia.
18. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
a) Termination of Mediation
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.
b) Venue and Jurisdiction
The Purchase Services offered by Keep Your Ducks In A Row Pty Ltd are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
19. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. International users
Includes GDPR protections. Data may be stored internationally. Your rights vary by jurisdiction.
21. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
22. Contact Us
For questions about your Subscription, please contact us at admin@keepyourducksinarow.com .
23. Privacy & Data Handling
a) Privacy:
i) General:
We take your privacy seriously. Any information provided through your use of the Website and APP, and/or the Free and Purchase Services, is subject to Keep Your Ducks In A Row Pty Ltd's Privacy Policy, available on the Website.
ii) Introduction:
We are committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and protect your personal data when you use our mobile app, web services, and related features (collectively, the “Services”).
By using the Services, you agree to the collection and use of information in accordance with this policy.
iii) Third party Privacy Policies:
We use the following third parties to be able to provide/offer the User services:
1. Shaym Future to build and maintain our Website & App – Shaym’s Privacy Policy
3. Twilio for OTP – Twilio Privacy Policy
4. Linux for hosting and email – Linux Privacy Policy
b) Data Handling:
i) We are committed to protecting your privacy and the security of your personal data. By using this App, you acknowledge and agree that:
ii) We collect, store, and process data you provide—including information related to your goals, budget – expenses and income, and warranties—to deliver core features and improve user experience.
iii) Your data may be stored on servers located in jurisdictions outside your country of residence. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) where relevant (for EU users).
iv) We will not share your personal data with third parties without your explicit consent, except as required by law or to deliver core services (e.g., cloud storage providers, analytics platforms).
v) You can access, update, or delete your personal data through your account settings, and you have the right to request information about how your data is used.
c) Information We Collect
i) Full name, email address, mobile phone number, encrypted password, OTP verification data
ii) Billing name, payment method, transaction IDs (via Stripe)
iii) Device and usage data (e.g., OS, IP, usage logs)
iv) Optional feedback and survey responses
d) How We Use Your Information
i) Create/manage your account
ii) Verify identity via OTP (Twilio)
iv) Store your data in Linux-based hosting providers
v) Deliver/improve services, send notifications
vi) Provide support and fulfill legal obligations
e) How We Share Your Information
i) Linux-based hosting providers
iii) Twilio for OTP delivery
iv) Legal authorities if required by law
f) International Data Transfers: Your data may be stored or processed in countries outside your own. We implement safeguards such as Standard Contractual Clauses to protect your data.
g) Data Retention
i) User data: retained while account is active
ii) Billing data: 7 years (for compliance purposes)
iii) One Time Password (OTP) logs: 30 days
iv) Support data: 12–24 months
h) Security:
We use TLS/SSL encryption, access control, and regular audits. However, no method is 100% secure.
i) Your Rights
ii) Access, correct, or delete your data
iii) Withdraw consent
i) Lodge a complaint:
Contact admin@keepyourducksinarow.com with subject heading – Privacy, to exercise these rights.
j) Children’s Privacy:
Our Services are not intended for children under 16. We do not knowingly collect data from children.
k) Cookies & Tracking:
We may use cookies on our web-based services to maintain sessions, analyse usage, and improve functionality.
l) Third-Party Links:
We are not responsible for the privacy practices of external sites linked from our app.
m) Changes to This Policy:
We may update this Privacy Policy and will notify users of material changes via the app or email.
n) Contact Us
i) Privacy Officer
ii) Keep Your Ducks in a Row Pty Ltd
iii) Email: admin@keepyourducksinarow.com
iv) Email Subject Heading: Privacy
v) Website: www.keepyourducksinarow.com
