SUBCHAT TERMS AND CONDITIONS

 

1.         About

 

1.1       Welcome to Subchat. The Subchat mobile application (the “App”) is owned and operated by Bilby Apps Pty Ltd (ACN 625 917 829) (“Bilby Apps”).

 

1.2       The App provides a platform which allows users of the App (“Users”) to message one another and offer micro payments in return for replies.

 

1.3       The App is available for free download from the ITunes Store or the Google Play Store (collectively “App Store”). Please refer to the terms and conditions of the applicable App Store before downloading the App.

 

1.4       Any reference herein to “we”, “our”, or “us” means Bilby Apps. Any reference to “you” or “your” means you, as a User of our App.

 

1.5       These Terms and Conditions (‘Terms’), along with our Privacy Policy which form a part of these Terms, govern your use of the App.

 

1.6       Please read our Terms and Privacy Policy carefully before using the App because these terms and Privacy Policy create a binding contract between Bilby Apps and Users.

 

1.7       We may update these Terms from time to time without notice. Any changes to these Terms will be effective from the date published on our App.

 

1.8       By using the App, you agree that you are bound by these Terms. If you do not agree to these Terms you must not use, download or install the App.

 

2.         Definitions

 

2.1       “Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).

 

2.2       “User Content” means all data, works and materials (including without limitation text, communications, information, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us for or related to the supply of the App.

 

2.3       “Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, knowhow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

 

2.4       “Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.

 

2.5       “Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tore (including negligence), restitution, pursuant to statute or otherwise at law or in equity. 

 

2.6       “Loss” means any cost, expense, loss, damage or Liability whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.

 

2.7       “Moral Rights” means the rights conferred by the Copyright Amendment (Moral Rights) Act 2000 (Cth) and any similar rights under the law of any other jurisdiction including:

 

(a)        the right of integrity of authorship (that is, not to have a work subjected to derogatory comment);

(b)        the right of attribution of authorship of a work; and

(c)        the right not to have authorship of a work falsely attributed, and

 

any other similar rights capable of protection under the laws of any applicable jurisdiction.

 

2.8       “Privacy Laws” means the Privacy Act 1988 (Cth), Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), and the EU General Data Protection Regulation.

 

2.9       “Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications, television broadcasts including any rights in performances.

 

3.         User Registration and Acceptance of Terms

 

1.1        

3.1       To obtain access to our App, you must register for a free user account (‘User Account’) and provide your Login Information.

 

3.2       By registering for a User Account, you will be required to accept the Terms by clicking the “I accept” button in the user interface as a condition of joining as a User.

 

3.3       As part of the registration process for our App, User’s must provide current, complete and accurate identification, and other information required during the registration process including:

 

(a)       name;

(b)       payment details;

(c)       address;

(d)       phone number;

(e)       a valid email address;

(f)        user name and password (“Login Information”);

(g)       other information as applicable to set up and administer your User Account to access the App.

 

         (“User Data”)

        

         By visiting, registering for, or using the App, User agrees that Bilby Apps may send direct communications to the email addresses and devices that User makes available.

 

3.4       You acknowledge that Bilby Apps may reject your application for a User Account or cancel an existing User Account, for any reason, in our sole discretion.

 

3.5       If you are under the age of 13 you must not use or install the App. If you are between 13 and 18 years of age, or are still considered a minor in your jurisdiction, your parent or guardian must agree to these Terms (on their own, and on your behalf) before using or installing the App.

 

3.6       If you are using the App on behalf of a company, association, partnership or organisation, you warrant that you have the authority to bind that entity to these Terms.

 

3.7       You must not register for a User Account if you are not able to form a binding contract with us or if you are a person barred from using the App under Australian law or any other country in which you are a resident.

 

3.8       You are solely responsible for the accuracy of the information that you submit in relation to your Login Information. You agree that we do not control, verify, or endorse that information.

 

3.9       You warrant that your Login Information is accurate, correct and up to date. You must not submit any Login Information that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a User Account.

 

3.10    If your Login Information changes, you must promptly update your User Account to reflect those changes. Bilby Apps may undertake additional inquiries to confirm the accuracy of your Login Information but is not obliged to verify Login Information.

 

3.11    You must not impersonate or imitate any person when registering for a User Account or messaging any other User on the Platform.

 

3.12    You are responsible for keeping your Login Information secure. Users acknowledge that they are entirely responsible for all activities that occur under their Login Information. Bilby Apps will not be liable for any loss or damage from your failure to maintain the security of your Login Information. You agree to immediately notify Bilby Apps of any unauthorised use of your Login Information or any other breach of security known to you.

 

3.13    You are responsible for maintaining, protecting and making backups of your Login Information. To the extent permitted by applicable law, Bilby Apps will not be liable for any failure to store, or for loss or corruption to your Login Information.

 

3.14    If your User Account has been compromised in any way, you must contact Bilby Apps immediately.

 

3.15    Bilby Apps may without notice terminate your User Account and your access to the App including any Login Information in it or associated with it:

 

(a)       at any time for a breach of these Terms in the sole discretion of Bilby Apps, or

(b)       if there is no account activity associated with your User Account for over 12 months.

 

3.16    Users must only use and access the App for purposes permitted by these Terms, and any applicable Laws, regulations, or generally accepted guidelines in the relevant jurisdictions.

 

4.         User Content and Social Platform

 

4.1       Some features of the App may allow you to create, upload, share, or transmit user content (‘User Content’). This may include content such as, but not limited to, communications, comments, data, materials, images, sound, messages, images.

 

4.2       User Content also encompasses your Login Information and any other information connected to your User Account.

 

4.3       To ensure that Users have a positive experience using the App, we reserve the right at all times for any reason and in our sole discretion, but without obligation, to:

 

(a)        modify, remove or refuse to distribute or transmit any User Content, or

(b)        suspend or terminate Users, where such User Content, violates these Terms, or that we otherwise find objectionable.

 

4.4       Any User Content that is uploaded by you to the App is your sole responsibility. You agree that you may be held liable for any User Content you upload, share, post, or otherwise transmit through the App. You warrant that:

 

(a)        you are solely responsible for any User Content you may post, upload, publish, submit, transmit or otherwise make available on or through the App;

 

(b)        you are the sole and exclusive owner of all User Content you make available through the App or otherwise have all rights, licenses, permissions, consents and releases and approvals necessary to use the User Content;

 

(c)      your posting, uploading, publication, submission or transmittal of the User Content (or any portion thereof) on, through or by means of the App or otherwise will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, Moral Rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable Law (including Privacy Laws).

 

 

 

4.5       By transmitting or submitting any User Content to the App, you affirm, represent and warrant that such transmission or submission is:

 

(a)        accurate and not confidential;

(b)        not in violation of any applicable Laws, contractual obligations or restrictions, or other third- party rights;

(c)        not in breach of these Terms or our Privacy Policy;

(d)        free from any virus, worms or other malicious code or software, adware, spyware, or harmful data that could in any way modify or interfere with the App;

(e)        not defamatory or invasive of a person’s privacy; and

(f)         does not infringe any intellectual property rights.

 

4.6       The views expressed in any User Content are the views of Users and not those of us. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to notify us of any inappropriate or illegal content.

 

4.7       We respect the rights of others and we encourage you to do the same. You agree that you will not send on the App, post to or transmit from the App (including posting to social media) any User Content, nor use the App in any way that:

 

(a)        gives rise to civil or criminal liability or which may bring us or the App into disrepute;

(b)        defames, bullies, offends or intimidates any person;

(c)        spams or solicits our Users to the extent of harassment;

(d)        constitutes, assists or encourages a civil or criminal offence;

(e)        violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or intellectual property right; or

(f)         encourages any violation of these Terms.

 

4.8       Bilby Apps takes no responsibility whatsoever as to the validity, appropriateness, completeness, or lawfulness of any the User Content that is uploaded or otherwise transmitted to the App.

 

4.9       Bilby Apps makes no representations or warranties whatsoever that it will take any steps to monitor or otherwise filter User Content uploaded or transmitted to the App.

 

5.         Payments

 

5.1       The App allows Users (“Requesting User”) to offer (“Offer”) micro payments (“Order Value”) for the purpose of receiving a message response from another User (“Responding User”). 

 

5.2       The Requesting User understands that the acceptance of an Offer by a Responding User will result in fees and charges (“Service Fees”) payable by the Requesting User in the amount corresponding to the Order Value.

 

5.3       Payments corresponding to an Offer by a Requesting User are only settled in respect of qualified responses (“Qualified Responses”).

 

5.4       In order for a message to be a Qualified Response it must be:

 

(a)        at least 25 characters for a single Offer; or

(b)        at least 25 characters long times the number of corresponding Offers (for Qualified Responses to multiple Offers made by a single Requesting User within a 24-hour period); and

(c)        received by the Requesting User within 24 hours of the offer being made by the Requesting User.

 

5.5       The Requesting User authorises Bilby Apps to process payments in consideration of the Offer made by a Requesting User and the performance of a Qualified Response by a Responding User.

 

5.6       A minimum of 50 percent of the Service Fee will be paid to the Responding User for any Qualified Responses made by the Responding User, subject to the clearance of the Requesting User’s payment of the Service Fee.

 

5.7       A portion of the Service Fee (equal to or less than 50 percent) will be paid to Bilby Apps in consideration of administrative fees and other service fees, such as third-party payment provider fees.

5.8       Service Fees are processed through our third-party payment providers, such as PayPal, and will be subject to those providers’ terms and conditions. It is your responsibility to ensure you have read and accept those providers’ terms and conditions before making any Offers to Responding Users on the App.

 

5.9       Service Fees for Qualified Responses are final and non-refundable except in accordance with these Terms, or as otherwise determined by Bilby Apps or required by Law.

 

6.         Licence to User Content

 

6.1       You grant Bilby Apps a perpetual, worldwide, non-exclusive, royalty-free, unlimited, sub-licensable and transferable licence to use, reproduce, commercialise, distribute, display and deliver the User Content that you upload, submit, store send, or receive on or through the App. The rights you grant in this licence are for the limited purpose of operating and providing functionality to the App and associated services.

 

6.2       We may share your User Content with third-parties that assist Bilby Apps in the development, improvement, and functionality of the App.

 

7.         Licence to use the App

 

7.1       Bilby Apps grants to you a personal, worldwide, non-exclusive, non-transferable, non-sub licensable, revocable, limited licence to access and use the App pursuant to these Terms using an App supported device.

 

7.2       We may terminate this licence at any time, if you use the App, except as permitted by these Terms. If your access to the App or use of it is determined to be illegal under the Laws of the country in which you are located, your licence to access or otherwise use the App is terminated with immediate effect and you must stop using the App immediately.  

 

7.3       Except for any other licence rights set out in these Terms, this licence does not grant any additional rights to you. All right, title and interest in the App, including copyright and our Intellectual Property Rights in it shall remain owned and controlled by us or any related entities.

 

8.         Refund Policy

 

8.1       Refunds will be processed in accordance with the Australian Consumer Law. Except as required by law, all fees (including Service Fees) paid by you under these Terms are final and non-refundable.

 

8.2       We will refund you for any fees that have been incorrectly assigned to your User Account due to a technical error. All refunds are processed through the applicable payment gateway provider.

 

8.3       We do not issue refunds or any other type of compensation for any other reason, such as when a User Account is closed, whether such closure was voluntary or involuntary.

 

8.4       We reserve the right to refuse a refund request if we reasonably believe or suspect that:

 

(a)        you are in breach of these Terms; or

(b)        you are using the App fraudulently or that your User Account is being used by a third-party fraudulently.

 

8.5       Refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.

 

9.         Third Party Sites and Advertising

 

9.1       The App may contain advertisements from third parties, and other pointers to sites or applications operated by third parties. We do not control these linked sites and are not responsible for the content of any linked sites.

 

9.2       Bilby Apps makes no representation or warranty regarding any content, goods or services provided by any third party and will not be liable for any Claim relating to any third-party content, goods or services.

 

9.3       Links to third party sites and advertising are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship, association, or affiliation by us of those applications or the products or services provided at those sites. Your access to any such site is entirely at your own risk.

 

10.       Intellectual Property

 

10.1    You acknowledge that the Intellectual Property Rights in or relating to the App is the property of or licensed by Bilby Apps or vests on creation in Bilby Apps. Any other third-party trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

 

10.2    The Works on the App and any User Content related to the App are subject to copyright and owned by the copyright owner. The copyright material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the App and a part of the compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us or any related entities. Information procured from a third-party may be the subject of copyright owned by that third-party.

 

10.3    Any reproduction or redistribution of the Intellectual Property or Works in the App and not in accordance with these Terms is explicitly prohibited and may result in the termination of your User Account as well as legal action taken against you. Nothing contained in the App or these Terms should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any such Intellectual Property or Works without our prior written consent.

 

10.4    Unless otherwise stated, we retain all rights, title and interest in and to the Works on the App and of our App. Nothing you do on or in relation to the App will transfer any:

 

(a)       business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;

(b)        right to use or exploit a business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;

(c)        thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or

(d)        any proprietary rights in the App or the App database.

 

10.5    You shall not use any of our trade marks:

 

(a)        in or as the whole or part of your own trade marks;

(b)        in connection with activities, products or App which are not ours; or

(c)        in a manner which may be confusing, misleading or deceptive.

 

10.6    The obligations accepted by Users under this clause survive termination or expiry of these Terms.

 

11.       General Disclaimer

 

3.     

4.     

5.     

6.     

7.     

8.     

11.1    You acknowledge that Bilby Apps does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the App, User Content (including Qualified Responses) or any related software.

 

11.2    User understands that Bilby Apps has no responsibility for the quality of any User Content provided by a Responding User in a Qualified Response.

 

11.3    You acknowledge that Bilby Apps is not responsible for verifying the identity of Users.

 

 

11.4    Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 

 

11.5    Subject to this clause, and to the extent permitted by law:

 

(a)        all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

 

(b)        Bilby Apps will not be liable for any direct, indirect, special or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the App or these Terms (including as a result of not being able to use the App), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

11.6    Use of the App is at the User’s own risk.  Everything on the App is provided to User without warranty or condition of any kind, except as otherwise expressly provided in these Terms.

 

11.7    None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Bilby Apps (including any third-party providers) make any express or implied representation or warranty about the App or any related software. This includes (but is not restricted to) loss or damage User might suffer as a result of any of the following:

 

(a)        failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

 

(b)      the accuracy, suitability or currency of any information on the App (including User Content, Qualified Responses, third party material and advertisements on the App);

 

(c)        costs incurred because of User accessing and using the App or any related software;

 

(d)        the content or operation of third party links which are provided for the User’s convenience;

 

(e)        any failure to complete a transaction, or any loss arising from e-commerce transacted on the App; or

 

(f)         any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

12.       Limitation of Liability

 

13.     

12.1    To the extent permissible at law, Bilby Apps is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide the App or related software under these Terms.

 

12.2    Except as provided in these Terms, Bilby Apps exclude all representations and warranties relating to the subject matter of these Terms and the App.

 

12.3     The App is provided “as is” and specific results cannot be guaranteed. It is User’s sole responsibility to determine that the App meets User’s needs or are otherwise suitable for the purposes for which they are used.

 

12.4    These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible Bilby Apps limits its liability as follows, at our option:

 

(a)        for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;

(b)        in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or

(c)        in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

 

This limitation applies to any supply under or related to these Terms including the supply of the App and covers loss of data, any viruses or other disabling features that affect User access to or use of our App, incompatibility between the App and User hardware or software, delays or failures User may have in using the App including any connections or transmissions that fail or are not completed in an accurate or timely manner.

 

12.5    This clause survives the termination or expiry of this Agreement for whatever reason.

 

13.       Indemnity

 

13.1    User indemnifies and releases Bilby Apps, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors from and against any and all claims, losses, demands, proceedings (including all class actions, suits), damages, costs, expenses or liabilities (including without limitation legal expenses and any amounts payable by us to a third-party in settlement of a claim or dispute) brought against or sustained by us, which are directly or indirectly caused by:

 

(a)        the User’s breach of these Terms;

(b)        the User’s use or misuse of the App;

(c)        any negligent or wrongful act or omission of the User; and

(d)        any breach of any third-party rights, including in respect of any claim that infringes Intellectual Property Rights.

 

14.       Termination

 

13     

14     

15     

14.1    Without limiting any other remedies, Bilby Apps may refuse access to the App or may limit, suspend, modify, terminate or delete your User Account without notice for any reason, including but not limited to, a suspected violation of these Terms, illegal or improper use of your User Account or User Content or any of App’s Intellectual Property as determined by Bilby Apps in its sole discretion.

 

14.2    In the event that your User Account is terminated, deleted or suspended, you may lose your User Content, and any other information associated with your User. Bilby Apps takes no responsibility for any damage or losses that may result to you from the foregoing.

 

14.3    If you have more than one (1) User Account, Bilby Apps may at its sole discretion, delete or terminate or suspend any or all your User Accounts.

 

14.4    If your account is deemed inactive through not being used for a period of 12 months or more, we may at our sole discretion, delete or terminate your User Account.

 

14.5    You may delete or cancel your User account at any time by contacting Bilby Apps using the contact details provided below or by any method facilitated through the App where available.

 

14.6    In the event that Bilby Apps terminates, deletes or suspends your User Account, you may not participate in the App in any way without Bilby Apps express permission. You may not allow individuals whose User Accounts have been terminated by Bilby Apps to use your User Account.

 

14.7    If you think your User Account has been deleted by accident, or otherwise by mistake, please contact us using the contact details provided below and we will endeavour to solve any issues.

 

15.       Disputes

 

15.1    Users are solely responsible for interactions and disputes with each other.

 

15.2    If a dispute arises out of or relates to the Terms as between Bilby Apps and a User, either party cannot commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with:

 

(a)        Compulsory process. A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.

 

(b)        Notification. A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.

 

(c)        Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

 

(d)        Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:

 

(i)         a mediator agreed on by the Disputants; or

(ii)        if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

 

(e)        Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute.  A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

 

(f)         Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.

 

(g)        Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.

 

(h)        Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation, each Disputant may be represented by one or more legal representative.

 

(i)         Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.

 

(j)         Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

 

16.       Privacy

 

16.1    In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).

 

16.2    If a User obtains the Personal Information of other users in the course of using the App under these Terms, the User must comply with their obligations under the Privacy Laws and not do any act or engage in any practice which would be in breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).

 

16.3    For more information on how we deal with your privacy, please see our Privacy Policy which your acceptance of is a condition of these Terms.

 

17.       Variation

 

17.1    We may change, add or remove parts of these Terms at any time.

 

17.2    The revised Terms shall apply to your use of the App from the date of publication of the revised Terms on the App and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.

 

17.3    By continuing to use the App, you accept the Terms as they apply from time to time. If you do not agree with the changes, you should delete the App.

 

18.       No waiver

 

18.1    No waiver of rights under these Terms or any of our policy, or agreement between us and a User shall constitute a subsequent waiver of this or any other right.

 

18.2    Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of any future right of enforcement of that right or provision.

 

19.       Assignment

 

19.1    You agree that we may assign, transfer, sub-contract or otherwise deal with our rights or obligations under these Terms.

 

19.2    You may not assign, transfer, sub-contract or otherwise deal with any of your rights or obligations under these Terms.

 

20.       Third Party Rights

 

20.1    A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

 

20.2    The exercise of the parties' rights under these Terms is not subject to the consent of any third party.

 

21.       Entire Agreement

 

21.1    Unless otherwise stated, these Terms and our Privacy Policy make up the entire agreement between you and us regarding the App and supersede any prior agreements. Upgraded versions and new releases of the App will be subject to these Terms and our Privacy Policy.

 

22.       Severability

 

22.1    If any provision or part of a provision of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions which will continue in full force and effect.     

 

23.       Law and Jurisdiction

 

23.1    These Terms are governed by and construed in accordance with Australian law. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia, and any court that may hear appeals from any of those courts for determining any dispute concerning these Terms and waive any right you may have to claim that those courts are an inconvenient forum.

 

24.       Force Majeure

 

24.1    Bilby Apps, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

25.       Feedback

 

25.1    Your feedback is important to us. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the App. You may submit feedback by emailing us at hi@sub.chat

 

25.2    You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable licence under all Intellectual Property Rights that you own or control to use, copy, create derivative works based upon and otherwise use the feedback for any purpose, including (but not limited to) advertising and promotional purposes.

 

26.       Our Contact Details

 

26.1    Bilby Apps mailing address:

 

Suite 540

41/464-480 Kent Street

Sydney NSW 2000, Australia.

 

26.2    You can contact us:

 

(a)        by post, using the mailing address given above;

(b)        using our contact form on the App, should one be made available to you;

(c)        by email at hi@sub.chat

 

 

© 2018 Bilby Apps Pty Ltd. ALL RIGHTS RESERVED.

 

Terms last updated 24 August 2018.