Terms and Conditions

Acceptance

Welcome! We offer a platform that helps social groups who are out and about connect with other nearby social groups (Platform).

You accept these terms and conditions (Terms), including our Privacy Policy, which is available at overhereapp.org/privacy-policy/ by downloading or using our Platform. These Terms will commence on the date on which you accept these Terms and will continue until the date they are terminated in accordance with the Termination clause below (Term).

In future, the Platform will be available as a mobile application. If you access or download the mobile application version of our Platform from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google App Terms of Service.

In these Terms, we, our or us means Over Here Pty Ltd ABN 43 650 072 754.

Signing up to the Platform

To access the Platform, you will need to create an account (Account). You must be at least 18 years old to use the Platform and create an Account.

You must provide basic information when registering for an Account, such as your name and email address and you must choose a password. You must ensure that any information you give to us when creating an account, including personal information, is accurate
and up-to-date.

You are responsible for keeping your Account details confidential and you will be liable for all activity on your Account. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.

When you create an Account, you can initially use the Platform as an unverified user, but your status will remain “unverified”. Once your mobile phone number is verified you will be given the status of 'verified with phone', and once your identity is verified with
identity documents, you will be given the status of 'verified with ID'.

On the Platform, you can create a group, and invite friends who also have Accounts on the Platform to join your group. Group leaders have access to features on the Platform, including the ability to change the group’s location, and change the group’s status and location. The Platform allows members of groups to see geographically nearby groups, and request to join the group. If accepted, the groups will be joined.

Your conduct on the Platform

When using the Platform, you agree:

1. to not share any content which is defamatory, hurtful, offensive, discriminatory, obscene, derogatory, sexually explicit, violent or illegal; and
2. that you have all rights and licences required to share any content.

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including:

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
2. using our Platform to stalk, intimidate, assault, mistreat, defame, bully, harass, threaten, menace or offend any person;
3. interfering with any user using our Platform;
4. misrepresenting your identity;
5. using our Platform to upload inappropriate or illegal images or text;
6. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses, piracy or programming routines that may damage or interfere with our Platform;
7. anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations;
8. using our Platform to send unsolicited email messages; or
9. facilitating or assisting a third party to do any of the above acts.

You agree that we may terminate your Account and these Terms if you breach any of these rules.
You agree and acknowledge that we are not responsible for the conduct of users on the Platform and we do not:

• (a) conduct criminal background checks on any users;
• (b) verify the statements any user puts on the Platform;
• (c) make any representations or warranties as to the conduct of any user; and
• (d) make any representation as to the suitability or compatibility between any users of the Platform.

You agree to release us from any Liability caused or contributed by, arising from or connected with, your interactions with other users of the Platform.

Complaints

We encourage you to report any abuse that you see on the Platform or make a complaint about other user’s content or other inappropriate user behaviour by contacting us at the email address at the end of these Terms or through the Platform.

If someone has made a complaint about your Account or if we have proof of your inappropriate behaviour related to the Platform:

• (a)we may, at our discretion, suspend or deactivate your Account;
• (b) we will have no Liability in relation to any subsequent suspension or deactivation of an Account (if applicable); and
• (c) if required by law, we will report your inappropriate behaviour to the relevant body.

Payments

We may offer premium versions and paid features of the Platform (the details and inclusions of which will be set out on the
Platform). You may have access to premium features for free for a period of time, and you will be notified when you must pay to access paid versions and features.

We may provide a number of payment methods on the Platform. If you make payment using a third party payment processor, you accept their terms and conditions.

Where we offer a subscription, you must pay the subscription fee at the intervals set out on the platform. Your subscription will
automatically continue until cancelled. We may modify subscription fees from time to time, and any price changes will apply to you no earlier than 30 days following notice to you. If you do not agree to the price change, you may cancel your subscription. You may cancel your subscription at any time in your Account. The cancellation will apply to the next month.

To the extent permitted by law, fees paid for features on the Platform are non-refundable.

Intellectual Property Rights

Our intellectual property
Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in 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.

Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our
intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property. For the avoidance of doubt, this clause does not limit you from promoting our Platform on your social media platforms.

Your intellectual property
You grant us a limited licence to copy, transmit, store and back-up or otherwise access the content, text, information, and other data provided by you to us or inputted by you into the Platform, stored by the Platform or generated by the Platform as a result of your use of the Platform (User Data) during the Term and for a reasonable period after the Term to: (1) supply our services (including for back-ups) to you; (2) diagnose problems with the Platform; (3) develop other services, provided we de-identify the User Data; (4) enhance and otherwise modify the Platform; and (5) as reasonably required to perform our obligations under these Terms.

This clause will survive termination of these Terms.

Collection Notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate
with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our Platform (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. By using our Platform, you consent to us disclosing your personal information to third party service providers. 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.

Our Privacy Policy contains further information about: (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in
accordance with our Privacy Policy.

Third party sites

The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

Feedback

You agree that: (1) all Intellectual Property Rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform (Feedback), will at all times vest, or remain vested, in us; and (2) we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Platform which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Notice regarding Apple (required by Apple)

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.

Apple has no obligation to furnish you with any maintenance and support services with respect to our App.

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.

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.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our Platform infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application.

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.

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.

Liability

In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any interaction between you and any other user on the Platform, whether on the Platform or in person; (5) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (6) the Platform being unavailable, or any delay in us providing the Platform to you, for whatever reason; and/or (7) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to $10; 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.

This clause will survive the termination or expiry of these Terms.

Third Party Inputs

You agree that the provision of the Platform may be contingent on, or impacted by, third parties or any goods and services provided by third parties, including our IT services, suppliers, or other subcontractors (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that the benefit of the Third Party Input’s interface, or interoperation with, the Platform, is subject to your compliance with this clause.

Warranties

You represent, warrant and agree that: (1) you have full legal capacity to enter into these Terms; (2) these Terms constitute a legal, valid, binding and enforceable agreement; and (3) you will provide all assistance, information and documentation necessary to enable us to provide the Platform and that all information you provide to us in connection with the Platform will be true, accurate and complete.

You acknowledge and agree that: (1) you use the Platform at your own risk; and (2) we do not guarantee that the Platform will be secure, uninterrupted or error or virus free or that it will meet your expectations or requirements.

This clause will survive the termination or expiry of these Terms.

Termination

You may terminate these Terms at any time via the “delete your account” (or similar) feature in your Account.

At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in
material breach of these Terms, any applicable laws, regulations or third-party rights.

If we suspend your Account or these Terms are terminated, we will immediately cease providing the Platform to you, and you will
not be able to access your Account, and to the maximum extent permitted by law.

General

Changes to the Platform and Terms: You agree that we may amend these Terms and the features of our Platform at any time. If we amend these Terms, or we make any changes to our Platform that will have a material adverse effect on you, we will provide you with written notice. By continuing to use the Platform, you agree to the amended terms. If you do not agree to the amendment, you must terminate these Terms in accordance with the Termination clause.

Competitors: You are prohibited from using our Platform in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Discontinuance: We may, with written notice to you, discontinue our Platform, in whole or in part. We are not responsible for any loss, damage or expense you may suffer, arising from or in connection with any such discontinuance or exclusion.

Disputes: If a dispute arises, the parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any
dispute resolution process. This won’t prevent a party from seeking urgent equitable relief.

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

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, 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.

For any questions or notices, please contact us at:
Over Here Pty Ltd (ABN 43 650 072 754)
Email: info@overhereapp.org

Last update: 3 September 2021