Effective Date:01/07/2025
App Name: TinniTuneout
Business Name: Akashic Communications
ABN: 19 919 553 728
Jurisdiction: New South Wales, Australia.
By clicking “I ACCEPT,” downloading, or using the TinniTuneout mobile application (“App” or the “Software”), you agree to these Terms and Conditions ("Terms"), our Privacy Policy, and our End User License Agreement (EULA). Continued use of the App constitutes your ongoing acceptance of these Terms. If you do not agree, do not use the App. Links to the Privacy Policy and EULA are also available in the App and on our website (www.tinnituneout.com).
You must not:
You must not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including Akashic Communications, its staff, users, and partners. Violations may result in suspension or permanent termination of your access to the App.
Your personal information is collected, used, and stored in accordance with our Privacy Policy, which complies with the Australian Privacy Principles (APPs) and, where applicable, the EU General Data Protection Regulation (GDPR). By using the App, you consent to such handling of your data. The App may use third-party services (e.g., subscription platforms or analytics providers) that are also governed by their own privacy policies.
To the extent permitted by law:
Any dispute or claim arising out of or in connection with this contract will be resolved by arbitration under the ACICA Expedited Arbitration Rules. The arbitration will be held in Sydney, Australia, in English, and decided by a sole arbitrator. This contract is governed by the laws of New South Wales. The arbitrator’s decision will be final and binding.
Nothing in this clause prevents either party from seeking urgent court orders (such as an injunction) where necessary.
You and Akashic Communications agree to resolve any disputes only on an individual basis. Neither party will bring or participate in a class action, collective action, or representative proceeding against the other, except to the extent that such restriction is not permitted by law. This clause does not limit any rights you may have under the Australian Consumer Law.
Nothing in these Terms excludes, restricts, or modifies any consumer rights you may have under the Competition and Consumer Act 2010 (Cth) or any applicable state law, including your rights under the Australian Consumer Law (ACL). If any provision of these Terms is inconsistent with your consumer rights under law, those statutory rights will prevail.
A paid subscription is required to access this app past the 7 day free trail period. Subscriptions may auto-renew and are managed through your app store account (e.g., Google Play).
In-app purchases, including subscriptions, are granted as a non-exclusive, non-transferable license to use the Software for the duration specified in your subscription agreement. Subscriptions renew automatically at the end of each billing cycle, unless the customer cancels its subscription at least 48 hours prior to renewal.
You can cancel a subscription at any time and will continue to be able to use the service until that subscription ends; then you will not be billed to renew it.
Refunds are subject to the Google Play Store's refund policy. All payment transactions are processed through the Google Play Store, and the User agrees to be bound by the Google Play Store's terms and conditions and refund policy.
The App uses RevenueCat (US) to facilitate subscriptions, verify Google Play Store receipts, process subscription purchases, and restore previous purchases associated with your signed-in Google ID. This information is linked to an anonymous App User ID. RevenueCat does not have access to any Personal Information.
We reserve the right to suspend or terminate your access to the App without notice if you breach these Terms or misuse the App. Upon termination, your right to use the App will cease immediately. Any rights, obligations, or liabilities incurred prior to termination will survive.
These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales, regardless of the location from which the App is accessed.
For any questions or concerns regarding these Terms:
info@tinnituneout.tinnituneout.com
We may update these Terms from time to time to reflect changes in our practices, the App’s functionality, or applicable legal requirements. You will be notified of significant changes via an in-app notification. Continued use of the App following such notice will constitute your acceptance of the updated Terms.