App Terms and Conditions
Last updated: 21 March 2019
This is an agreement between you and Prodigy Technology Pty Ltd ACN 619 087 857 trading as We-Date (We-Date/we/us/our).
(a) This Agreement governs your use of the App and forms a binding contractual relationship between you and us if you use any mobile or web application supplied to you by us.
(b) You must carefully read this and contact us with any questions before you further use the App.
(c) By further using the App you acknowledge and agree that you have had a sufficient opportunity to read and understand this Agreement and that you agree to be bound by it. If you do not agree to this Agreement, you must immediately exit the App and do not access or use it in any way.
2.1 App means the mobile application known as “We-Date”.
2.2 Affiliates includes companies related to us and companies with which we have contractual relationships.
2.3 Agreement means this agreement as amended from time to time.
2.4 Date means meeting with one or more persons facilitated by the App.
Other forms of defined words have the corresponding meanings.
(a) We may modify, permanently or temporarily disable or discontinue all or any part of the App or any information or material appearing on the App at any time, without liability or notice to you.
(b) We may amend or terminate this Agreement at any time. The current version of this Agreement is published and available within the App. Where changes made to this Agreement materially impact your rights or obligations, you will be provided with reasonable notice before the changes take effect and you will have the opportunity to stop using the App.
(c) Your use of the App and following any amendment will constitute your acceptance of the Agreement and any amendment.
(a) You agree that we may advertise to you within the App and you agree that we, our affiliates, and our third-party contractors may place advertising in the App.
(a) You must be 18 years of age or older to use the App.
(b) By creating an account and using the App, you represent and warrant that you:
(i) are over the age of 18 and therefore are eligible to use the App;
(ii) have the capacity to and are forming a binding contract with us;
(iii) are not a person who is barred from using the App, either by us or under any law;
(iv) will comply with this Agreement and all applicable laws;
(v) have never committed or been convicted of any indictable offence or any other offences relating to:
(A) dishonesty, such as fraud, burglary or stealing; or
(B) abuse, such as assault, sexual assault or stalking; and
(vi) are not on a police or government operated register of sex, child or domestic violence offenders, and are not required to inform any authorities as to your whereabouts as a consequence of committing assault, sexual assault or stalking.
(c) If any of the representations and warranties in this clause are not true then there is not grant of license to you to use the App and you must not use the App.
6. Your account
You may create an account in the App, but on doing so you agree to:
(a) register for only one account and not create an account on behalf of someone else, or create a false or misleading identity on the App;
(b) not transfer your account to someone else;
(c) maintain the security of your user identification, password and personal information and any other confidential information relating to your account;
(d) notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password;
(e) take the necessary steps to prevent the continuance of any unauthorised use of your account by contacting us to change your login security information;
(f) update and keep your personal information accurate and truthful, including your Facebook information that we have access to;
(g) and consent to receiving communications (including legal notices) from us electronically. We may communicate with you by email (to the address detailed in your account information) or by private message within the App.
7. Licence to use
(a) We grant you a non-exclusive, non-transferable licence to copy the App onto a mobile device only for the purpose using it in accordance with this Agreement. You must not distribute or sublicense the App. We reserve all other rights in and to the App.
(b) You must not copy (except as permitted by this Agreement), disassemble, reverse-engineer, modify or create derivative works of the App or any part of the App.
(c) You are authorised to use the App only for the following activities:
(i) creating an account;
(ii) updating, amending or editing your information once you have created an account;
(iii) communicating with other users that have expressed interest in your date and you have initiated chat with in a manner consistent with this Agreement;
(iv) conducting investigations with respect to date venues, experienced & locations;
(v) retrieving our contact details;
(vi) reviewing our policies; or
(vii) contacting us.
(d) You must not use any part of the App for any commercial purpose without our written consent.
(a) The App allows you to live chat and message other users that have expressed interest in your date and you have initiated chat with (Messaging).
(b) When Messaging you agree that you will:
(i) not do anything, unlawful, malicious or discriminatory;
(ii) not bully, intimidate or harass any person or group;
(iii) be respectful, courteous and considerate;
(iv) ensure the content is not a commercial communication;
(v) ensure the content does not advertise or promote any other brand or business;
(vi) not provide unsolicited commercial content, and ensure that the content is not of a ”junk mail”, “chain letter” or “spam” nature;
(vii) not infringe the rights of any person (including their intellectual property rights); and
(viii) ensure that the content is not, hateful, threatening, inciting of violence, sexually inappropriate or of a graphic nature.
(c) In order to operate our business in a manner that we consider appropriate, in our sole discretion, we may remove, reject, refuse to transmit or monitor Messaging by you without notice or liability to you or any third party.
(d) Despite our rights under (c), you agree that we have no responsibility nor liability for messages you send or receive through the App.
(a) You agree that you will:
(i) be sensible, use sound judgement and be cautious with respect to your safety and wellbeing whenever you are on a Date or interacting or meeting with other users of the App; and
(ii) carefully review and consider following our Safety Tips; and
(iii) not request or provide your financial information or transfer money to any other user.
(b) You agree that:
(i) as between you and us, you are solely responsible for your interactions that are within the App or otherwise have been facilitated using it;
(ii) we do not conduct background or other checks on any of our users;
(iii) we have not made any representations about the honesty, integrity and good character of our users, and you agree to determine these matters for yourself; and
(iv) when on a Date with another user we do not take responsibility for the safety of the experience, food safety or the safety of the location of which you are dating.
10. Our intellectual property
(a) The information contained within the App (including its coding, imagery, wording, design, graphics and logos) are owned by us or are granted to us under license and are protected by copyright laws.
(b) You may only retain copies of information in the App or our web site if it is obtained incidentally to your viewing and if kept only for your own personal reference.
10.2 Trade marks
(a) We-Date and the App logo are our trade marks, as are all other related signs distinguishing our services from others that are used by us in the App.
(b) In addition to our trade marks the App may also contain and display third party trade marks, such as those of listed Date locations, which are not our property. You agree that you are not granted any right or license to our trade marks or the trade marks of any third party contained in the App and must not use our trade marks
11. Your content & privacy
(b) You may access the App using your Facebook log in. By doing so, or by otherwise adding any content into the App directly, you grant us a limited, perpetual, worldwide, royalty free, transferrable and sub-licensable license to use, host, modify and publish all information and imagery:
(i) you have added to the App; or
(ii) you have authorised us to access through your Facebook account, being your profile pictures and personal details.
(c) The right and license granted to us by you under paragraph (a) is strictly for the purpose of creating and displaying your user profile to others within the App. You hereby consent to this information being made available for this purpose and acknowledge that it will be accessible by other users.
(d) You warrant that you have the legal capacity to grant us the license under subclause (b).
(e) The license in subclause (b) survives any termination of this Agreement.
(f) You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered and transmitted to us periodically. We may use this information to improve the App and our products and services. We will not disclose any personally identifiable information in this data to any third party.
(g) By submitting suggestions or feedback to the App regarding our Services, you agree that the App may use and share such feedback for any purpose without compensating you.
12. Off Site conduct
You must not engage in an activity using information obtained from the App to contact, abuse, advertise, sell to, harass or harm any current or past the App user or do anything that would enable another to do such an act.
13. Termination and consequences of breach
(a) We may terminate this Agreement at any time by notice to you.
(b) If you breach this Agreement in any way then your rights under this Agreement terminate automatically.
(c) Upon termination of this Agreement for breach by you we may in our sole discretion and without notice to you:
(i) take any legal action we have available against you;
(ii) delete your account and all associated data;
(iii) block your use of the App; and/or
(iv) disclose information about you and your use of the App for investigation by any enforcement body for your unlawful activity.
(d) You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, impacting upon our downloads or increasing our expenses and in such a case you irrevocably consent to us seeking injunctive or other equitable relief against you as a consequence of your violation.
14. Third party content
(a) Opinions, advice, advertisements, statements, or other information (including about Dates) made available through the App by third parties, are those of their respective authors. We do not:
(i) guarantee the accuracy, completeness, or usefulness of any third-party information; or
(ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party in the App.
(b) Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the App that:
(i) we have not expressly endorsed; or
(ii) has been transmitted to you by any third-party via the App.
(c) We do not guarantee that a venue, experience or location for a Date will provide the same experience as described in the venue description provided by third-party sources.
15. Third party sites
(a) The App may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites, and do not endorse any aspect of these third party services. We do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, comprehensive, legal, or inoffensive. Such links are provided for convenience only, and you use Linked Sites entirely at your own risk.
(b) We do not assume any responsibility or liability for the actions, products, services and content of any Linked Site. You must carefully review each Linked Site’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party via a Linked Site, including one accessed from the App, then you are entering a separate agreement with that third party, and expressly agree that we are not a party to that transaction.
(a) We will use reasonable care and skill to ensure that the App is free from defect and harmful code. We do not warrant that the App will function according to any service level. The App and internet services are by their nature are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software.
(b) The App is delivered on an “as is” and “as available” basis. Accordingly, we do not warrant that the App will be error-free or uninterrupted.
(c) Whilst all due care has been taken in providing the information on the App, we do not provide any warranty either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
(d) To the extent permitted by law, any condition or warranty which would otherwise be implied into this Agreement and conditions is excluded.
(e) All due care is taken in ensuring that the App is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of the App or any Linked Site.
(g) From time to time we may host third party content on the App such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by that material.
(h) We will not be liable to you or any other party for damages of any kind arising from your use of the App.
17. Liability and indemnity
17.1 Australian Consumer Law
(a) Despite anything else in this Agreement, you may have rights under the Australian Consumer Law under the Competition and Consumer Act 2010 (Australia), and this Agreement does not exclude those rights.
17.2 Limitation of liability
(a) To the extent that we fail to comply with a statutory guarantee under sections 60 to 62 of the Australian Consumer Law, then our liability for such a failure is limited to, at our option:
(i) supplying the services again; or
(ii) payment of the cost of having the services supplied again,
unless it is not fair or reasonable for us to rely on this term of the Agreement.
17.3 Matters outside the Australian Consumer Law
(a) If clauses 17.1 and 17.2 do not apply then you agree that we are not liable for any loss, damage, claim or injury caused by your use of the App, including if we were negligent or breached a statutory duty.
(b) You will at all times indemnify us and keep us indemnified (including each of our officers, employees and agents) from and against any loss, damage or costs (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceeding by any person (including you) against us where such loss, cost or damage arose out of or in connection with your use of the App (whether directly or indirectly) or a breach by you of this Agreement.
(a) You must not assign, sublicence or otherwise deal in any other way with any of your rights or obligations under this Agreement.
(b) This Agreement is governed by the laws of Queensland, Australia and each party submits to the exclusive jurisdiction of the courts of that State.
(c) If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
(d) Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
19. Contact us
(a) You agree that when you are communicating with us or any of our employees or contractors you will be courteous and kind.
(b) You may contact us by emailing firstname.lastname@example.org
20. Open Source
(a) The React Native framework (Software in this clause) is licensed under the MIT licence.
Copyright (c) Facebook, Inc. and its affiliates.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.