Terms and conditions
- Your use of the Service is subject to the Terms. By installing the App, You agree to be bound by the Terms and You may not deny any of the acknowledgments contained in the Terms.
- We may amend the Terms from time to time. Amendments will be effective immediately upon notification on the Website or us making publicly available a new release of the App. Your continued use of the Service following such notification, or making available, of the amended Terms will represent an agreement by You to be bound by the Terms as amended, even if the App is not downloaded or installed.
- We may withdraw the availability of the Service without notice. We reserve the right to suspend or terminate Your Registration to use the Service at any time, including if we believe that You have breached any of these Terms or if any of the information that You have submitted to us (whether during the process of registering or otherwise) is untrue.
- We grant You a non-exclusive, non-transferable, revocable licence to use the App in connection with Your Registration on a mobile device within Your custody from time to time. Except to the extent permitted by law, You may not:
- modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party;
- make any copies of the App; or
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App.
- In order to use the Service, You must be a Registered User. To become a Registered User, You must complete Your registration details in the manner described through the Service.
If You register as a Registered User, You represent, warrant and confirm that:
- all registration details are, and will remain, true and correct; and
- using the means made available through the Service, You will update and correct registration details from time to time as necessary for the purpose of clause (a); and
- You have only registered once as a Registered User.
- You may cancel Your Registration at any time by electing to cancel the Registration using the relevant facility made available in the Service. We may also cancel or suspend Your Registration in our discretion but we will endeavour to provide reasonable prior notice, except where we reasonably believe Your conduct necessitates immediate cancellation or suspension.
Use of Your Data
- You are responsible for protecting the confidentiality of Your password used in connection with the Registration.
- You will be liable for any use of the Service by any person who uses the Service through Your Registration, and will indemnify us for any act or omission done by a third person through Your Registration.
- You grant to us a worldwide, perpetual, irrevocable, royalty-free and non-exclusive licence, with a right of sub-licence, in respect of Your Data to store, retain, use, distribute, reproduce, modify, adapt, display and otherwise exploit Your Data in connection with us operating the Service.
- By using the Service, You:
- must obey all laws in connection with Your use of the Service;
- must not provide any information (whether during the Registration process or otherwise) that is false or otherwise misleading;
- not use the Service to engage in any conduct that is unlawful, obscene, defamatory, vilifying, racist, harassing, threatening, abusive, unlawfully discriminatory, offensive, objectionable or inappropriate, or might cause harm of any kind to any person or to property or which might encourage illegal activities (including by sending, uploading, providing links to or otherwise making material available through the Service);
- must not use any aspects of Your Registration or the Service for commercial purposes;
- must not post or transmit any material in which the copyright is owned by another person or entity without their licence;
- submit to the Service the personal information of any other person without their consent; and
- must not post any material that contains viruses or other computer codes, files or programs that are designed to limit or destroy the functionality of other computer software or hardware.
You also acknowledge that:
- You must not use any social forums made available through the Service for commercial solicitation (whether or not for profit), including any advertising;
- You must not use any form of technology that automates the capture of information from the Service, such as screen scraping technologies; and
- We may remove or alter any information or content that You or any other person may submit to, or through, any social forum provided as part of the Service.
- Copyright in the App and the Service (including in any text, graphics, logos, icons, sound recordings and software) is owned by, or licensed to, us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in Your location, and except as expressly authorised by these Terms, You may not, without Our written permission, in any form or by any means:
- adapt, reproduce, frame, store, distribute, display, perform, publish or create derivative works from any part of the App or Service (except for Your Data submitted to the Service); or
- commercialise any information, products or services obtained from the Service.
Interacting with other users
- We do not have any liability for any losses arising directly or indirectly from communicating or transacting with any other person who uses the Service.
- You acknowledge that we cannot necessarily confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
- Responsibility for the content of material submitted by other users, including any representations made other users, rests exclusively with those persons. The display of any such material by us does not constitute a recommendation or endorsement by us of the user or the material submitted by the user.
- All information provided by us through the Service is provided in good faith. Any information provided is general information and is not in the nature of advice.
- We do not make any representations or warranties that information provided through the Service is reliable, accurate or complete, or that Your access to that information will be uninterrupted, timely or secure. You should make Your own inquiries and seek independent advice from relevant industry professionals before acting, or refraining from acting, or relying on any information or material that is made available to You.
- We do not warrant that any material You submit to the Service will be protected against loss, misuse or alteration by third parties. We do not warrant any timeframe in which Your Data submitted to the Service will be available for access from the App.
- If You access the Service from outside Australia, You accept responsibility for ensuring or confirming compliance with all laws in that jurisdiction that apply to You as a result of that access or any consequent transactions or dealings with us, the Service, the App or other users.
Limitation of liability
- To the extent permitted by law, any condition, warranty or statutory guarantee that would otherwise be implied into these Terms or apply to any goods or services supplied hereunder is hereby excluded. To the extent permitted by law, we are not liable for any loss resulting from any action taken or not taken, or reliance made, by You on any information or material available or accessed on the App or through the Service. Where legislation implies any condition or warranty, or otherwise prescribes a statutory guarantee, and that legislation permits us to limit Our liability under any such condition, warranty or guarantee, that condition or warranty will be deemed included, or that guarantee apply, but Our liability will be limited for a breach of that condition, warranty or guarantee to one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
To the extent permitted by law:
- we do not accept responsibility for any loss or damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with Your use of the Service, nor do we accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through the Service; and
- we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of Your Data.
- We do not accept any liability for the accuracy or content of any material posted by other users through the Service. We are not liable for any loss resulting from any action taken or reliance made by You on any information or material submitted by another person.
- If You download any material from the Service, You acknowledge that we are not liable to You for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material, except to the extent caused by us or a person for whom we are responsible.
- To the extent permitted by law, we also do not accept responsibility for any harm or death caused to any person who uses, or relies on, any information sourced through the Service. The Service does not provide medical advice or recommendations.
- You indemnify us and Our related bodies corporate, and Our staff, employees and volunteers, against any claim by another person arising out of a breach of these Terms either by You or by any person using any of Your Accreditation, whether or not that use was authorised by You.
- These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
- Personal information recorded using the Service will be collected and held by us. That personal information will be held by us for the purpose of providing the Service. If the personal information relates to a current or former client of The Babes Project, we may integrate that personal information with other personal information that we hold about the client.
- When You access the Service, we may make a record of Your visit and log for statistical and operational purposes, and to assess the performance and functionality of the App and the Service. We may collect information including: the user’s IP address, the date and time of visit, the pages accessed and information uploaded or downloaded. We may also track some of the actions You take using the App such as when You provide information or content to us.
- The Service may use the location of the device on which the App is installed in order to locate relevant organisations services that we believe may be of relevance to you.. This does not necessarily imply an endorsement by us of the organisation or service, nor does it necessarily suggest any relationship between us and the service or organisation.
- If you do not provide us with personal information, you cannot be a Registered User and therefore use the Service and/or, if you are a Registered User you may not be able to enjoy fully the features and benefits of the Service.
- In these Terms, unless the context otherwise requires:
Accreditation means the login or user name, and password, issued to a Registered User to use the Service;
App means the software application in respect of the Service made available by us for use on mobile devices;
Fee means the fee as notified by us from time to time to be a Registered User, as varied from time to time in accordance with these Terms;
Registered User means a person who has registered their details with us to use the Service;
Registration means the status of a Registered User of the Service;
Service means the service offered by us through the App to collect, record and disseminate Your Data;
Terms means the terms and conditions issued by us relating to the Service as in force at the time when You use the Service;
We, us, Our, and The Babes Project each mean, as the context requires, The Babes Project Inc. ABN 62 792 911 264;
Website means the website which homepage is located at the URL, www.thebabesproject.com.au.
You means each person who uses the Service; and
Your Data includes any information, data, images or other material that You submit, or that We may collect, through the Service.