AMITY MESSENGER PTY LTD

TERMS OF SERVICE

This online platform (Platform) is operated by Amity Messenger Pty Ltd ABN 79 612 862 763 or its successors and assignees (we, our or us).  It is available through our mobile application and may be available through other addresses or channels.

We provide the services set out on the Platform. Our Platform allows you to connect with other users online, via direct message services and online communities.

Accepting these terms

By downloading our mobile application or otherwise accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy and Behaviour Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent's or legal guardian's permission to access and use the Platform and they have agreed to the Terms on your behalf; and (3) agree to use the Platform in accordance with these Terms.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor's use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor's use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor's behalf.

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 add in wording on downloading from Google Play store 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.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Collection notice

  1. We collect personal information about you in order to enable you to access and use the Platform, to connect with other users on the Platform and for other purposes set out in our Privacy Policy.
  2. 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.
  3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
  4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Registering

  1. You must register on the Platform and create an account (Account) to access the functionality of the Platform.
  2. You must provide basic information when registering for an Account including name, email address, and location.
  3. You may register for an Account using your Google+, Facebook 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 current profile photo and other basic information.
  4. 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.
  5. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
  6. You will immediately notify us of any unauthorised use of your Account.
  7. At our sole discretion, we may refuse to allow any person to register or create an Account.

Acceptable use of the platform

Using the Platform in accordance with our Behaviour Policy

  1. You must use our Platform according to our Behaviour Policy. If you violate our Behaviour Policy we may take action with respect to your Account, including disabling or suspending your Account and, if we do, you must not create another Account without our permission.

Legal and Acceptable Use

  1. You must access and use our Platform only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Platform in ways that: (a) violate, misappropriate, or infringe our rights, our users' rights, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging; or (f) involve any non-personal use of our Platform unless authorised by us.

Licence to use our platform

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.

Information contained on the platform

The Content is not comprehensive and is for general information purposes only. It does not take into account 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.

Intellectual property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the 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 (without limitation) by:
    1. altering or modifying any of the Content;
    2. causing any of the Content to be framed or embedded in another website; or
    3. creating derivative works from the Content.

Content you upload

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

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.

Third party sites: Our Platform may contain links to websites operated by third parties. 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.

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.

Notice regarding Apple

  1. 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.
  2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
  3. 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.
  4. 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.
  5. 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.
  6. You agree to comply with any applicable third-party terms when using our mobile application.
  7. 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.
  8. 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.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform or the Content, including (without limitation) that:

  1. they are complete, useful, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free and free from viruses; and
  3. our Platform will be secure.

You read, use, and act on our Platform and the Content at your own risk. We are not responsible for and are not obligated to control the actions or information (including User Content) of other users or other third parties. You release us and our subsidiaries and affiliates and our or their directors, officers, employees, partners and agents from any claim, complaint, cause of action or controversy and damages, known or unknown relating to, arising out of, or in any way connected with any such claim you have against third parties.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

  1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; 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, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  3. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
    1. event or circumstance beyond our reasonable control;
    2. acts or omissions of you or your personnel;
    3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
    4. use of the Platform and/or Content;
    5. interaction you have with other users whether in person or online;
    6. any injury or loss to any person;
    7. Content which is incorrect, incomplete or out-of-date; or
    8. breach of these Terms or any law.
  4. 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.
  5. This clause will survive the termination or expiry of 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.

Termination

  1. 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. You can also deactivate your Account at any time via the Platform.
  2. We may terminate these Terms for convenience at any time by giving you 30 days' notice via email to the email address in your Account.
  3. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of our Behaviour Policy, (ii) you are in breach of these Terms, any applicable laws, regulations or third party rights or (iii) we receive complaints about you or your behaviour.

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.

Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of 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.

Jurisdiction

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

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Amity Messenger Pty Ltd ABN 79 612 862 763

Email: support@amity.io

Last update: 13 July 2018

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