By downloading, installing, accessing or using this Application, you acknowledge you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms you should uninstall and/or cease to access and use this Application immediately.
Users of the Application may include owners, managers and employees of bar, pub, and nightclub venues (collectively the Venues) who hold accounts on behalf of Venues and individuals (each a Hopper and together with Venues, Users). The terms “you” and “your” also refer to the Users of the Application.
The Application provides a social media platform for Users to share images and information about Venues and for Venues to publish information about their offerings on the Application and through push notifications sent to Hoppers.
We may amend these Terms from time to time with immediate effect upon giving Users notice of the varied Terms via the Application. Use of our Application following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may terminate their Account created under these Terms without penalty upon receiving the notice of varied Terms.
1. Eligibility and Basis of Use
- The Application may only be used by individuals aged eighteen (18) years or older.
- Using the Application may be prohibited or restricted in certain countries. If you use the Application outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the Application.
2. Additional Terms and Conditions
These Terms supplement and incorporate:
- the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein (Apple Terms); and
- if applicable in the future, the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms).
If any of the provisions of the Apple Terms, the Android Terms or any applicable HOPP About Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Application.
- Access to the Application will require a User to login using their Facebook account or to register for an account (Account).
- Basic information is required when registering for an Account including but not limited to name, date of birth, city of residence, email address and password.
- If a User signs in using their Facebook account, the User authorises HOPP About to access certain information on their Facebook account including but not limited to their current profile photo on their Facebook account and other basic information. Logging in via Facebook will allow Users to contact their Facebook friends through the Application.
- In order for a User to register a Venue, the User will complete the registration process on behalf of the potential Venue and HOPP About will verify the submission before either confirming the Venue Account or rejecting the claim. Any verification decisions will be at HOPP About’s sole discretion and will be final.
- Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. HOPP About reserves the right to suspend or terminate any Account and a User’s access to the Application if any information provided to HOPP About proves to be inaccurate, not current or incomplete.
- It is the User’s responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
- The User will immediately notify HOPP About of any unauthorised use of its Account.
4. Copyright and Intellectual Property
- Our Application contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of the Application. The HOPP About logo, and other HOPP About material used in connection with the Application are unregistered or registered trademarks of HOPP About (collectively HOPP About Marks).
- Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered HOPP About Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to HOPP About (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and Application; trade, business company or organisation names; internet domain names; and content, images and layout.
- You agree that, as between you and us, we own all Intellectual Property rights in the Application, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Application. The Application is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by HOPP About or the owner of the content.
- Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively Third Party Marks).
- The Intellectual Property, HOPP About Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of HOPP About or the applicable trademark holder.
- Users do not obtain any interest or licence in the Intellectual Property, HOPP About Marks or Third Party Marks without the prior written permission of HOPP About or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.
5. User Licence
- Subject to these Terms, HOPP About grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Application for your own personal use only on a computer or mobile device (each a Device) owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Application in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
- The right to use the Application is licensed to you and is not being sold to you. You have no rights in the Application other than to use it in accordance with these Terms.
- These Terms and User Licence govern any updates to, or supplements or replacements for, this Application, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
6. User Warranties
- By using our Application, you warrant that you possess the legal capability and authority to enter into the Terms and to use the Application in accordance with the Terms; you are at least 18 years old; any registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and your use of our Application does not violate any applicable law or regulation.
- As a condition of your use of our Application, you agree to abide by the Terms; not to provide the Application to any third party; that HOPP About has the right to refuse you any and all current or future use of the Application and that HOPP About reserves the right to include or exclude entry to, or remove a User from the Application.
7. Fees and Payment
- Downloading our Application is free.
- There are no fees for using the Application for Hoppers. Payment is required by Venues for access to and use of the push notification feature of the Application. This feature is available only to Venues and is an optional feature of the Application. The price and payment method for the push notification feature, including the currency specified at the time of the transaction, is to be determined by HOPP About and the Venue based on the number of Hoppers to be reached by each push notification.
- Currently, payments will be made directly between the Venue and HOPP About outside the Application. In the future, payments may be made via the Application and in this case the payment details and requirements will be as set out on the Application.
- If a Venue makes a payment by credit card, the Venue warrants that the information it provides to us is true and complete, that they are authorised to use the credit card to make the payment, that their payment will be honoured by their card issuer, and that they will maintain sufficient funds in their account to cover the purchase price.
- If a Venue fails to make payment, the push notification feature will not be activated for them.
- Our pricing structure or payment methods may be amended from time to time in our sole discretion. After a pricing change, each Venue has the choice to continue using the Application and/or the push notification feature, or to cease to use the Application and/or the push notification feature without penalty.
8. User Information and Security
- The Application may require the transmission of information provided by the User including User names and passwords, addresses, e-mail addresses and financial information (such as credit card numbers) (User Information).
- User Information is stored securely. If we are aware of a breach of security, we will notify affected users and we will cooperate with authorities regarding the breach.
- The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the Application, for all transactions and other activities in the User’s name, whether authorised or unauthorised.
- The User agrees to immediately notify us of any unauthorized transactions or breach of security associated with the Application. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.
- The Application allows Users to submit status text, profile photos and other communications (collectively, the Status Submissions). These Status Submissions may be hosted, shared, and/or published as part of the Application, and may be visible to other Users, including Users following you and Users not following you in circumstances where your profile is public and no User has been blocked by you. Direct messages, location data and photos or files that you send directly to other Users (collectively Private Posts) will only be viewable by those User(s) or group(s) of Users you directly send such information; but Status Submissions may be globally viewed by all Users if your profile is public, unless a User is blocked by you.
- In connection with Status Submissions, you warrant that: (i) you own or have the necessary licences, rights, consents, and permissions to use, and you authorise HOPP About to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Application and these Terms; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Application and these Terms; and (iii) your rating of a Venue is true, fair and accurate.
- However, by submitting the Status Submissions to the Application, you hereby grant HOPP About a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Application and HOPP About (and its successor's) business, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Application a non-exclusive licence to access your Status Submissions through the Application. The foregoing licence granted by you for each a Status Submission, terminates once you remove or delete such Status Submission from the Application.
- You acknowledge and agree that any Status Submissions made from a public profile may be globally viewed by Users that know your account handle and will use the Application accordingly. You acknowledge that if you do not consent to this publication, you will not submit it as a Status Submission to the Application. You retain your ownership rights in your Status Submissions. You acknowledge that whether or not such Status Submissions are published on a public or private profile, HOPP About does not guarantee any confidentiality with respect to any Status Submissions.
- HOPP About does not endorse any Status Submission, Private Posts or any opinion, recommendation, or advice expressed therein, and HOPP About expressly disclaims any and all liability in connection with Status Submissions and Private Posts. HOPP About also reserves the right to decide whether content or a Status Submission or a Private Post is appropriate and complies with these Terms. HOPP About may remove such Status Submissions or content and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. HOPP About does not undertake to review each Status Submission of Users.
- You are solely responsible for the Status Submissions, Private Posts and other information that you submit and that are displayed for your account on the Application. You must notify HOPP About immediately of any breach of security or unauthorised use of your Device. Although HOPP About will not be liable for your losses caused by any unauthorised use of your Account, you may be liable for the losses of HOPP About or others due to such unauthorised use.
- You are solely responsible for Status Submissions or other communications you transmit onto third party platforms (such as Facebook and Twitter) using the Application and may be subject to third party terms and conditions. HOPP About does not guarantee any confidentiality with respect to these Status Submissions.
9. Acceptable Use and Prohibited Use
Use by the User of the Application and any content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any content, Status Submissions and Private Posts must comply with these Terms and the HOPP About Policies. In no event may the Application be used in a manner that:
- harasses, abuses, stalks, threatens, defames or otherwise interfere, infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent or deceptive;
- uses technology or other means to access the Application, Website or content that is not authorized by us;
- uses or launches any automated system, including without limitation, robots, spiders, or offline readers, to access the Application, Website or content;
- attempts to or tampers with, hinder or modify the Application, attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the Application including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Application;
- attempts to gain unauthorised access to our computer network or user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms;
- attempts to damage, disable, overburden, or impair our servers or networks;
- fails to comply with applicable third party Terms; or
- facilitates or assists another person to do any of the above acts.
You must not:
post, upload, publish, submit or transmit any content (including but not limited to Status Submissions) that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- requests money from, or is intended to otherwise defraud other Users;
- denigrates HOPP About or the Application;
- transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other unauthorised mass transmission.
- contains videos, images or media content of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian);
- is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
- promotes illegal or harmful activities or substances.
- promotes illegal or harmful activities or substances.
- breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our Application; alter or modify any of the code or the material on the Application;
- cause any of the Application to be framed or embedded in another website;
- collect or harvest any personally identifiable information, including phone number, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation or spam purposes;
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Application; or
- facilitate or assist another person to do any of the above acts.
Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application is prohibited.
We reserve the right, in our sole discretion, to terminate any User Licence, remove content or assert legal action with respect to content or use of the Application, that we reasonably believe is or might be in violation of these Terms or HOPP About Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
Upon termination of the Terms, we have no further obligation to you, and may cease to provide the Application to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
10. Consumer Guarantee
- Our Application comes with consumer guarantees under applicable local consumer law that cannot be excluded.
- Certain legislation, including the Australian Consumer Law, may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which HOPP About are able to do so, the liability of HOPP About and its affiliates under those provisions will be limited, at its option to the supplying of the services again; or the payment of the cost of having the services supplied again.
- We provide the Application to the User as is, and the User is using the Application at his or her own risk.
- To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Application is merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Application by the User is in compliance with laws applicable to the User or that User Information transmitted in connection with the Application (including as part of online payment) will be successfully, accurately or securely transmitted.
- We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information in the Application, technical accessibility, fitness or flawlessness of the Application, or that your use of the Application will not infringe rights of third parties.
12. Limitation of Liability
As a condition of using the Application, and in consideration of the Application provided by us, we exclude and you agree to the fullest extent allowable under applicable law, in no event shall HOPP About and its parent or related bodies corporate (i) be liable to the User or any third party with respect to use of the Application, including without limitation participation in online payment; (ii) be liable to the User or any third party with respect to any damages for personal, bodily injury, death or emotional distress; and (iii) be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of User Information, the inability to use the Application or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
- the use of the Application by you, including but not limited to damages resulting from or arising from your reliance on the Application, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the Application;
- any unauthorised access to or use of our secure servers and /or any personal information or financial information stored therein;
- any errors or omissions in any content posted, emailed, transmitted or otherwise made available or any offensive, defamatory or illegal content;
- the disclosure of any of your information;
- the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
- Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
- To the fullest extent allowable under applicable law, the User’s sole remedy is to cease use of the Application or to cease participation in online payment.
- To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of HOPP About and its parent or other affiliated companies to a User, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Application, is the amount that the User pays, if any, to HOPP About for access to or use of the Application during the six months period immediately prior to the event giving rise to such liability or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
- The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of HOPP About.
- By using the Application, you agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Application; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
- We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and your use of the Application. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- Amendments: HOPP About reserves the right to amend, change or modify these Terms or any other HOPP About Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use our Application.
- Governing Law and Jurisdiction: This Application is governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
- Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
- Disputes: You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
- Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
- Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
For any questions or notice, please contact our Privacy Officer at:
CLOUD SOFTWARE PTY LTD (ABN 95 116 149 305)
PO Box 253 Church St
Brighton VIC 3186
Last update: September 2017