Terms of Use

These Terms of Use govern the use of the Hobbimate mobile application (App) which is owned and operated by Jive Studios ACN 681 281 229 (Hobbimate, we, our, us). The App is available to download on the Apple App Store, Google Play Store and our website, located at hobbimate.com.au (Website).

Please read these Terms of Use before enjoying the App, because once you access, view or use the App, you will be legally bound by these Terms. Please also read our Privacy Policy, located on our Website. We will use your personal information in accordance with our Privacy Policy. By accessing and browsing the Website or App, you acknowledge the terms of our Privacy Policy. Any additional terms that apply to specific features of the App or other products will be provided when you choose to use or purchase those features, products, or services.

If you do not agree with these Terms of Use, then you should not sign up to, use, or otherwise engage with the App.

(a) We reserve the right to change these Terms of Use from time to time. We will publish the updated Terms of Use on our Website.

(b) We may, from time to time and without notice to you:

• modify (which may include changing, adding or removing) the specific content, features and functionality of the App; and
• cease, interrupt or withdraw access to the App for any reason, including for upgrades and maintenance of the App.

(c) Where appropriate, we will do our best to provide you with notice before any such changes take effect. However, we recommend you check this page regularly for any updates. By continuing to use the App following any updates or changes, including changes to these Terms of Use, you agree to such updates or changes.

(a) Before you can use the App, you will need to register for an account with us.

(b) To create an account with us you must:

• be an individual at least 18 years old; and
• be legally permitted to use the App in your home country.

(c) By creating an account, you agree that:

• any information you submit is truthful and accurate, and that you will keep your account information up to date; and
• your use and access of the App does not violate any applicable laws or regulations, including those in your home country when accessing the App.

(d) You may be able to create an account through manual registration directly via the App by providing your login details for a third-party account, such as a social media account. By providing your account details from a third party, you authorise us to access, display and use certain information from your third-party account (e.g. profile pictures, relationship status and location). For more details on the information we use and how we use it, please refer to our Privacy Policy on our Website.

(e) We monitor for underage use, may terminate or suspend your account if we suspect you are underage, and can verify your identity and registration information using both your provided details and third-party data sources.

(a) When creating your account, you will need to provide personal information and choose a password. Your account is for your use only and cannot be transferred or assigned to any other person. You agree not to use another user's account, username or password. You are responsible for all activities on your account, even if they are unauthorised. If we suspect a security issue, we may ask you to change your password. You are responsible for ensuring that any use of your account complies with these Terms of Use.

(b) It is your responsibility to:

• keep your account password confidential and secure;
• notify us immediately if you suspect any unauthorised use of your account or that someone else knows or has access to your password; and
• promptly update your account details if any of your contact details change.

(c) If you create an account and we need to send you any notices in writing, we may send these notices to you by e-mail or post using the contact details you have provided in your account information.

(a) You can close your account at any time by using the 'Delete Account' button in the App. When you choose to close your account, a warning will appear confirming closure.

(b) Closing your account means you will lose access to all content associated with it, as well as any features or functionalities of the App that require an active account, and your account will no longer be visible to other users of the App.

(c) If you close your account, we may delete any content or data linked to it immediately and without any liability to you. We are not responsible for maintaining any back-ups of your content or data and disclaim all liability for any lost, deleted or destroyed content or data upon the closure of your account. We recommend you maintain copies or a back-ups of your content or data.

(a) We may offer in-app purchases and subscription packages to you for use or additional functionality of the App. By making a purchase, you agree that any additional terms provided at the point of purchase will apply and are included in these Terms of Use. For pricing and details, please check the App.

(b) Sometimes, the information in our App, like pricing and product details, might have errors due to typos or technical issues. If we spot an error in pricing or descriptions, we reserve the right to cancel any purchase or subscription and issue a refund.

(c) You can easily upgrade your subscription to a higher package at any time through the App's subscription settings. If you decide to upgrade, you will pay the new fee minus what you have already paid for the current period, calculated on a pro-rata basis.

(a) The payment terms will be outlined when you make your purchase. If no specific terms are provided, the full purchase price must be paid at the time of ordering. Unless otherwise expressly indicated, prices are inclusive of GST.

(b) Payments may be available via one of the following methods:

• the Apple App Store or Google Play Store;
• debit card or credit card, payable at the time of placing an order; or
• any other payment method accepted by us.

(c) All payments are processed according to your chosen payment provider's terms, which might include extra fees (usually a percentage of the transaction). We will let you know about any fees we charge for using your payment method when you place your order. We do not see or store your payment details like credit card information — that is all handled by our third-party payment service provider.

(a) We may offer subscription packages on a tiered-basis, with varying time periods and prices, that allow access to certain features or functionality of the App (each a Subscription Package). The terms of your Subscription Package will be outlined when you make a purchase of a Subscription Package.

(b) Unless otherwise specified, your subscription will automatically renew on the same terms as your then-current Subscription Package until you cancel it (each a Subscription Period). If you have provided a payment method, we may charge you the subscription fees for any renewed Subscription Period at the time your Subscription Package automatically renews.

(c) To avoid charges for a new Subscription Period, you must cancel your Subscription Package before the end of the then-current Subscription Period. Please note that simply deleting your account or deleting the App from your device does not cancel your Subscription Package.

(a) You may cancel your Subscription Package using the App's Account Settings. If you have any difficulty accessing these settings, please contact us at [email protected].

(b) If you purchased a Subscription Package through a third-party store, such as the Apple App Store or the Google Play Store, you may need to access your account with that third-party store and follow instructions to change or cancel your Subscription Package.

(c) Cancellation will take effect at the end of the then-current Subscription Period. For example, if your Subscription Package is cancelled during the first month of a monthly subscription period, the cancellation will take effect at the end of the first month.

We may terminate your Subscription Package if:

• your payment method is invalid or you have not made payment for a Subscription Period;
• you close your account; or
• we terminate your account in accordance with these Terms of Use.

(a) We retain sole discretion in offering refunds for any fees paid for a Subscription Period if you simply change your mind (including where you cancel your Subscription Package under clause 3.4). You may be entitled to a refund:

• where we agree to provide a refund under these Terms of Use; or
• if there are problems with the product or service and you have refund rights under applicable laws (for example, the Australian Consumer Law under Schedule 2 the Competition and Consumer Act 2010 (Cth)).

(b) Any requests for refunds will be dealt with in accordance with applicable laws. If you have any concerns in relation to a product or service or believe you are entitled to a refund, please contact us (see contact details at clause 9).

(a) When using the App or Website, you must:

• ensure the accuracy, completeness and lawfulness of any information or material you share, upload or share with other users, including profile information;
• be honest and genuine about any opinions you express;
• represent your own views — in particular, you must not impersonate or falsely represent any other person or group that you are not authorised to represent, or misrepresent or misleadingly conceal any relevant affiliation that you have with any group or organisation;
• be polite and respectful in your interactions with other users;
• comply with applicable laws in your home country, including by ensuring that you have all necessary rights and permissions to use, publish and share any content or information you upload to the App;
• not use the App in an illegal way or in breach of any applicable laws or regulations;
• not post material that infringes any third party rights, including intellectual property or privacy rights;
• not use the App to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;
• not use the App to harm, defame, abuse, harass, stalk, threaten or otherwise offend others;
• not frame or mirror any part of the App or Our Content without our written authorisation; and
• not interfere with, disrupt, or create an undue burden on the App.

(b) When posting or communicating with other users you must ensure that your posts and messages are not factually inaccurate or misleading, do not deliberately spread misinformation, do not involve trolling or deliberately disruptive behaviour, do not make unproven allegations against individuals, do not reveal private information about an individual without their consent, do not contain unauthorised commercial activities, and do not promote political campaigns or overtly political content.

(c) Without limiting the above, you are not permitted to use data scraping, web-bots or other automated tools to obtain or repackage Our Content; circumvent security features of the App or Website; or do anything which will damage, disrupt or interfere with the proper operation of the App or Website.

(d) When accessing or using the App or Website, you are responsible for your own Internet connection, telecommunications and data costs, and for implementing reasonable security and anti-virus software on your devices.

(a) You are solely responsible for your interactions with other App users, including your communications, any material or information shared, and any transactions conducted through the App.

(b) You acknowledge that we have no obligation to monitor your use of the App but we have the right to do so at any time for our own business purposes.

(c) If another user harasses or offends you on the App or is otherwise in breach of these Terms of Use, please report them by contacting us at [email protected].

(d) While we reserve the right to assist in resolving disputes between you and other users, we are under no obligation to do so.

(a) We may, at any time and at our discretion, investigate any reported or suspected breach of these Terms of Use.

(b) Following an investigation, we reserve the right to take such actions as we deem necessary, including rejecting or taking down User Content, suspending or terminating user accounts, reporting unlawful conduct to authorities, terminating your subscription, and/or taking appropriate legal action.

(a) We may suspend your access to the App or Website or terminate your account if we reasonably believe that it is necessary to comply with any law, prevent fraudulent activity or a security breach, prevent a breach of these Terms of Use, or protect the App or Website, other users or our rights or legitimate business interests.

(b) If we suspend or terminate your account, you must not attempt to regain access in violation of this action.

We strive to provide accurate and complete information through the App. However, to the extent allowed by law, we do not guarantee that this information is always accurate, complete or up-to-date. The information provided through the App is general and may not be suitable for your specific situation. We are not responsible for any materials provided by other users or third parties on the App.

The App or Website may contain links to or display the content of third parties. Third-Party Content and Third-Party Websites are not under our control. We do not endorse, approve or guarantee any Third-Party Content, websites, products, services or information they offer.

There are three types of content that you will be able to access on the App: content that you upload and provide (Your Content); content that other users of the App provide (User Content); and content that we provide (Our Content). Nothing in this clause affects the ownership of intellectual property rights in Your Content, User Content or Our Content.

(a) Since the Hobbimate app is a public community, you agree that Your Content will be visible by other users on the App and that Your Content must comply with these Terms of Use.

(b) By uploading Your Content to the App, you represent and warrant that you have all necessary rights and licences to do so; you grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way; and you indemnify, defend, release, and hold us harmless from any claims related to Your Content.

(c) Do not share personal contact or banking information on your profile. We are not obligated to store Your Content — if it is important to you, you should keep a copy of it.

User Content belongs to the user who posted it. You acknowledge and agree that you do not have any rights to other users' User Content and may only use their personal information in ways that align with our purpose of facilitating connections on the App. We are not responsible for, and accept no liability with respect to, any User Content.

(a) The content on the App and Website, aside from user-generated content, belongs to us. We and our licensors retain all rights, title, and interest in the intellectual property associated with the App or Website.

(b) We grant you a non-exclusive, limited, personal, non-transferable, revocable licence to access and use Our Content under the following conditions: you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App or Website; you shall not use our name in metatags, keywords and/or hidden text; you shall not reverse engineer or decompile any components of Our Content; and you shall not remove or alter any trade marks, copyright notices or other legal notices from Our Content.

We reserve the right to aggregate and analyse data collected through the operation of the App or Website. We may use this Usage Data to operate and improve the App, identify and offer products and services, inform advertising activities, and for any other purposes described in the Hobbimate Privacy Policy. You acknowledge and agree that, as between you and us, we own all rights in the Usage Data.

"Hobbimate App", "Hobbimate" and their corresponding logos are trade marks owned by us. You must not use, copy, reproduce or modify our trade marks for any purpose without our prior written consent, or use any third-party trade marks without the permission of the relevant third party.

(a) Your use of the App is subject to our Privacy Policy located on our Website.

(b) You acknowledge and agree that we may collect, hold, use and disclose your personal information in the manner described in these Terms of Use, our Privacy Policy and as otherwise permitted by applicable laws.

(c) Certain information will be displayed on your user profile shown to other users on the App. This may include your name, age, approximate distance to the other user, star rating and details about your interests and skill level.

(d) We may seek to obtain your consent to access information about your device's location to show you nearby users and activities within the App. You may disable your device's location settings at any time, however doing so will limit certain functionalities of the App.

(e) For any privacy queries, requests or complaints, please contact us (see contact details at clause 9).

(a) Our Website and App may use cookies to enhance your experience. You can decide whether to accept cookies and adjust your preferences in your browser settings.

(b) We recommend accepting cookies to get the most out of the Website or App. If you disable cookies, you may be unable to use the Website to the fullest extent, including to login to your account.

(c) We may use cookies for commercial purposes, including targeting and displaying advertising on our Website or App and on third-party websites, social media apps and advertising networks.

The Australian Consumer Law provides Consumers with a number of protections including Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these Terms of Use has the effect of excluding, restricting or modifying a Consumer's rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified.

(a) We exclude all implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of these Terms of Use, other than those set out in these Terms of Use and any Non-Excludable Terms.

(b) To the maximum extent permitted by law, if we are liable for any loss or damage suffered or incurred by you which arises out of or in connection with our App, our Website or the supply of our products or services, our liability is limited to the replacement or repair of products, the re-supply of services, or the payment of the cost of such replacement or re-supply.

(c) Without limiting your rights under the Australian Consumer Law, you acknowledge and agree that the App and its functionality and content are provided "as is" and on an as available basis; you assume all risks associated with your use of the App; and neither party is liable to the other for any indirect or consequential loss arising under or in connection with the App or Website, including loss of profits, loss of revenue, loss of data, or any other similar kind of loss.

(d) Our total aggregate liability to you for any loss, damage, liability or expense you suffer or incur in connection with the App or Website is limited to the greater of AUD $250.00 or the fees paid by you in connection with the App in the preceding 12 months.

(e) Each party agrees to indemnify the other party from and against all liabilities, costs, losses and expenses which may be suffered or incurred in connection with any warranties given under these Terms of Use, third-party claims caused by breach of these Terms of Use, or any allegation that the use of any content infringes any third-party rights or any law.