Terms and Conditions User Agreement

as at 21 August 2022

User Agreement

This User Agreement applies to your use of all sites, mobile sites, and mobile applications (collectively, the “Site(s)”) to which this User Agreement is linked, and the services, features, content or applications (together with the Sites, the “Service(s)”) offered by Juni and our affiliated brands on the Sites. Please read this User Agreement carefully as it sets forth the legally binding terms and conditions for your use of our Services.

THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH INCLUDES A CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER PROVISION.

Acceptance of Terms and Conditions of use on Juni

1. By using any Services in any manner, including but not limited to visiting or browsing this Site, you agree to this User Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

2. Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this User Agreement by this reference.
   

This User Agreement applies to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

You are welcome to our Digital Media Sites. These are the terms and conditions for the use of our network while you will be accessing it in numerous ways which include but not limited to the World Wide Web through our digital sites, mobile phones, digital television, RSS feeds, PDA.in these terms and conditions, the meaning of the Juni Site stands for all its Digital Media network which are operated on behalf of Juni and its affiliate regardless of the access to the network and Juni app. However, as you access Juni Site, you agree to be bound by these terms and conditions whether you are in Australia or any other jurisdiction in the world. This is not limited to the fact that you agree to be bound to additional terms and conditions which will be established from time to time.

MANDATORY ARBITRATION FOR U.S. USERS – CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.

ARBITRATION

YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US (INCLUDING DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY), WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AND WE EACH AGREE THAT CLASS OR REPRESENTATIVE ARBITRATION, AS WELL AS CLASS OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

You and we each agree that you and we are further waiving our respective rights to sue or go to court to assert or defend our rights under this User Agreement. You and we each agree that the Federal Arbitration Act and federal arbitration governs the interpretation and enforcement of this provision.

For all disputes, whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by emailing a written description of your claim to: contact@wejuni.com

We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive your written description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this User Agreement.

Intellectual property rights

All Intellectual property in regards to the content on the Juni digital media platform, its content belonging to Juni, its licensors, affiliates and advertisers. You have no interest over this Intellectual property. All content produced by Juni digital media is under the protection of Australian and international copyright among other intellectual property regulations. You are prohibited from doing anything that may interfere with or breaches Intellectual laws or other laws relating to intellectual property rights in the content.

You have the right to download, copy of a print of content from Juni digital media but the only for non-commercial and for personal use. These terms of use not expressly granted by these terms and conditions are reserved for Juni. This means that unless otherwise stated, you are not permitted to copy, republish any content from Juni digital media without seeking permission.

All logos of the sites by Juni, Newspaper mastheads among their logos on all Juni digital media platforms are under the ownership of Juni. Other trademarks will be displayed by the on Juni digital media from time to time which may belong to a third party. Therefore, nothing posted by Juni digital media grants anyone the right or license to use the logo, information, masthead, or trademark displayed within those digital media without an express written consent with the relevant owner.

Changes to these terms and conditions

Note that Juni may change these terms and conditions from time to time at its sole discretion and we reserve this right to do so without your consent. For all revised terms and conditions, they will be applicable at the time of posting on the Juni Site. Please, while using Juni, ensure you review these terms and conditions from time to time because you may have been deemed to accept the variation if you continue to use the Juni Site after it has been posted.

Governing Law & Jurisdiction

The Australian law governs these terms and conditions and all parties agree to submit the exclusive jurisdiction of the Australian Courts as long as Juni is governed by the laws in the United States to the users in the US and elsewhere.

No waiver

In any case, we do not enforce or insist upon any provision of these terms of service will not be construed to be the waiver of any right or provision to Juni.

Indemnification

You agree that you shall indemnify, defend and hold harmless, Juni, its subsidiaries, parents, affiliates and any other respective directors, officers, employees among other officers from the claims, liabilities, expenses, costs including but not limited to expenses and attorney fees arising from the breach you or any other user of your account on these terms and conditions arising out of breach of obligations, warranties, representations under these terms and conditions.

Availability of Content

Users of Juni are permitted to submit publication content in its varied areas of Juni digital media. You are permitted to interact with our site but we are governed by the community standards and participation guidelines incorporated in the terms and conditions of use. You are required to consent to these standards or guidelines and the terms and conditions if you wish to post content in Juni digital media.

In case you submit content to us, you will be representing and have agreed that you and the content you share, is authorized or permitted from Juni or the owner of content before displaying.

Either you or the primary owner of the content holds the copyright of content sent to our digital media. By doing this, you will have granted us irrevocably, unconditional, royalty-free, non-exclusive, fully transferable, a worldwide perpetual license to use the information, transmit/publish or authorize third parties to use the displayed content in any format and on any platform either hereinafter or now after inventing it.

By displaying content in Juni digital media, you agree and acknowledge that whenever you post information or content or view content provided by others, you will be doing that at your own risk and discretion, also reliance of the completeness, accuracy of the content. Moreover, you agree and acknowledge that the views expressed by other users and you over that content does not necessarily reflect the opinions of Juni. This is an extension that we do not endorse or support any user content. You also acknowledge that there is no obligation from Juni that we shall review, pre-screen, monitor or edit any content posted by other users or by you on the Juni sites.

Juni authorizes third parties that they have the right to edit, crop, cut or refuse to publish your content in their sole discretion. Therefore, we may remove your content from Juni digital media at any time. Juni, therefore, accepts no liability regarding any content posted or displayed by users and thereafter published by Juni or the third parties we have authorized.

By using Juni digital media, you agree that the content you are submitting is not threatening, libelous, obscene, harassing, invasive of another’s privacy, fraudulent, deceptive, illegal, defamatory or offensive of any person. You ascertain that by sending us your content, you have not infringed trademark, copyright, trade secret, patent and other intellectual property or right to privacy of another individual. Regarding the use of Juni digital media, you agree that the content posted is not intended to upset harm other users intentionally.

Your use of Juni digital media sites indicate that you agree to not post content that harasses, victimizes, degrades or intimidates an individual or a group of people based on impermissible classification, religion, gender, race, creed, colour, sexual orientation, citizenship, national origin, marital status or age, among others. Furthermore, users of Juni content ascertain that they do not transmit content containing software viruses for any other computerized code. The content must not be transmitting programs that cause interruption, limiting the functionality of the Juni or any other hardware or software or telecommunication devices. You agree that by using Juni, you agree that you shall not upload or transmit content or take actions concerning your use of Juni digital media that contains or otherwise encourages rise to civil liability, criminal conduct or any other wrongful lawsuit. You also agree that with the use of Juni, you shall not use Juni content for commercial purposes such as without limitation, solicit funds, advertise promote the sale of goods and services.

With the use of Juni content, you are deemed to have understood that the transmission and processing of Juni digital media sites, may involve:

• changes of content to conform and adapt to the requirements of technical connections of network or devices. Juni assumes zero responsibility with the deletion or failure of storing displays or storage of content or any submitted information by you or any other users of Juni.
• transmissions over various networks.

All users of Juni content who are 16 years or below, confirm that they have the permission of their parent or guardian before accessing, using and submitting content.

Third-party affiliates

Juni allows displaying or posting of content submitted by third parties. Every individual advertiser is responsible for all content they display as advertising material. Juni accepts no responsibility for advertising material content including any error, without limitation, omission or any inaccurate content therein.

Rules of conduct

Terms of use for users in Australia and The United States

Since you agree that you will not use Juni digital media content to post, upload, email or ding otherwise to transmit any content you do not have the right to transmit it, you are bound by the regulations and laws or under confidential information disclosed of learned as part of nondisclosure agreements or employment relationships and to intentionally violate any applicable state, local, national or international law including but not limited to the U.S promulgated regulations on  Securities and Exchange Commission or any federal or other security exchange. This is without the limitation from the American Stock Exchange, New York Stock Exchange and any regulations, rules, directives and orders.

DMCA notice for U.S. users

If U.S. copyright owner identifies that the content displayed on Juni infringes your copyright you are required to submit your complaints according to Title 17, United States Code, Section 512(c)(3), Digital Millennium Copyright Act (“DMCA”) under the provision of our designated copyright agent with the written information as follows.

• Identifying the material that is claimed to be infringing the copyright and information reasonably sufficient to permit us to locate the material.
• Identifying the copyrighted work or works claimed to have been infringed.
• Your contact information that includes your address, name, telephone number and the email address if available.
• A statement describing that you have reasonable faith belief that use of the material in the manner complained of is not authorized by the owner of the work, law, and its agent.
• A statement that the information in the notification is under penalty of perjury, accuracy and that you are an authorized agent to act on behalf of the owner of content of an exclusive right that is allegedly infringed.
• An electronic signature or your physical signature.

Added Disclaimer

All visitors who access Juni sites agree that they use the content at their own sole risk. Juni sites are provided as they are available and therefore no warranty of any form either implied or express including but not limited to;

• Any warranty concerning the accuracy, availability, reliability, appropriateness, timeliness, and usefulness of Juni content,
• Any warranty of title, warranty of merchantability, warranty of non-infringement, fitness for a particular purpose

Juni does not make any representation or a warranty as to any linked sites of Juni. However, Juni has no responsibility or liability regarding your use of such sites. For example, the available content in the Juni sites may be representing judgements and opinions of providers or users such as content user. All Juni users and its affiliates do not endorse nor liable or responsible for the reliability, accuracy of any statement posted on its sites by anyone other than those authorized as Juni contributors who shall be acting in that capacity.

This liability disclaimer applies to all injuries and damages which occur as a result of:

• Any error, omission, deletion or defection of some content displayed on the Juni site.
• Any failure of omission, performance, error, deletion, delay, interruption of operation in transmission, communication line failure, computer virus, destruction of files, theft, breach of contract, negligence, tort, defamation or any other cause of action.

Juni does not guarantee nor warrant any access to Juni Sites to be error-free or uninterrupted. Applicable law may not permit the exclusion of implied warranties, and therefore the above exclusion shall apply.

Limitation of Liability

To the fullest extent, you acknowledge and understand that the extent permitted by Juni under applicable law regardless of whether in contract, a form of action, Torts such as Negligence, or any other that no event shall Juni or its affiliates without any limitation including employees, directors, successors and other respective officers shall be liable to you or any other party for any direct loss, expense, damage, cost, or liability or whatever kind arising from the availability or use, reliance on, or inability to use the Juni content.

These damages include (and not limited to);

• Damages for business interruption, loss of programs, loss of profits and other businesses, loss of records, cost of replacing equipment of a software loss of data loss of information, loss of revenue, loss of customers, loss of goodwill, loss of or damage of reputation, downtime costs, loss of capital, loss under contract, loss of anticipated profits and savings.
• Indirect, exemplary, incidental, punitive, special, or consequential loss
• Any losses that attributed to errors, inaccurate, omission in the Juni Sites

The exclusion of these liabilities even when Juni shall have been advised of the possibility of such loss. However, some states or jurisdictions do not allow limitation or exclusion of liability for specific types of damages. Some of these states or jurisdictions Juni liability shall be limited to only the extent permitted or permitted by the law which shall, therefore, minimize Juni liability to you and the lowest amount or applicable by law.

Consent to process personal information

Information you provide will be used based upon your consent to the provisions of this user agreement.