Our terms of use:

Hobbimate app - Terms of Use

Last updated: 10 November 2025

1. Overview

1.1 App

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).

1.2 Acceptance of Terms of Use

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.

1.3 Changes to 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:

(i) modify (which may include changing, adding or removing) the specific content, features and functionality of the App; and

(ii) 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.

2. Account

2.1 Creating an account

(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:

(i) be an individual at least 18 years old; and

(ii) be legally permitted to use the App in your home country.

(i) any information you submit is truthful and accurate, and that you will keep your account information up to date; and

(ii) 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.

2.2 Passwords and security

(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:

(i) keep your account password confidential and secure;

(ii) notify us immediately if you suspect any unauthorised use of your account or that someone else knows or has access to your password; and

(iii) 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.

2.3 Closing your account

(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.

3. Purchases and payments

3.1 In-app purchases and subscriptions

(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.

3.2 Fees and payment

(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:

(i) the Apple App Store or Google Play Store;

(ii) debit card or credit card, payable at the time of placing an order; or

(iii) 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.

3.3 Subscription period and automatic renewals

(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.

3.4 Cancelling a subscription

(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 admin@hobbimate.com.au.

(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.

3.5 Terminating a subscription

We may terminate your Subscription Package if:

(a) your payment method is invalid or you have not made payment for a Subscription Period;

(b) you close your account; or

3.6 Refunds

(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:

(i) where we agree to provide a refund under these Terms of Use; or

(ii) 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).

4. Using the App

4.1 Acceptable use requirements

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

(i) ensure the accuracy, completeness and lawfulness of any information or material you share upload or share with other users, including profile information;

(ii) be honest and genuine about any opinions you express;

(iii) represent your own views – in particular, you must not:

(A) impersonate or falsely represent any other person or group that you are not authorised to represent;

(B) misrepresent or misleadingly conceal any relevant affiliation that you have with any group or organisation;

(iv) be polite and respectful in your interactions with other users;

(v) 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;

(vi) not use the App in an illegal way or in breach of any applicable laws or regulations;

(vii) not post material that infringes any third party rights, including intellectual property or privacy rights;

(viii) not use the App to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;

(ix) not use the App to harm, defame, abuse, harass, stalk, threaten or otherwise offend others;

(x) not frame or mirror any part of the App or Our Content (as described in clause 5.4) without our written authorisation; and

(xi) 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:

(i) are not factually inaccurate or misleading (whether deliberately or unintentionally);

(ii) do not deliberately spread misinformation that is unproven or unsupported by verifiable facts;

(iii) do not involve trolling or other deliberately disruptive or inflammatory behaviour (including the use of insulting, provocative or hateful language); and

(iv) do not make unproven or unsupported allegations against an individual or group of people;

(v) do not reveal private information about an individual without their consent;

(vi) do not contain commercial activities such as promotional, sales, marketing, fundraising or advertising material for any other business or product or service that we have not approved; and

(vii) do not promote political campaigns or involve overtly political content.

(i) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging Our Content;

(ii) circumvent, disable or otherwise interfere with security-related features of the App or Website; or

(iii) do anything which will or may damage, disrupt access to or interfere with the proper operation of the App or Website, or upload or permit any virus or malicious code to adversely affect the App or Website or any associated equipment or data.

(d) When accessing or using the App or Website, you are responsible for:

(i) your own Internet connection, telecommunications and data costs; and

(ii) responsible for implementing reasonable security and anti-virus software to prevent the introduction of viruses and malicious code into your computer systems and devices.

4.2 Your relationship with other App users

(a) You are solely responsible for your interactions with other App users, including (but not limited to):

(i) your communications with other users;

(ii) any material or information that is shared between you and any other users;

(iii) any material or information that you post; and

(iv) any transactions with other users that are conducted or arranged through the App.

(b) You acknowledge that we have no obligation to monitor your (or any other user's) use of the App but we have the right to do so at any time for our own business purposes, including as necessary to assess your (or any other user's) compliance with these Terms of Use, to protect the security and integrity of the App, or to comply with any law or government authority request.

(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 admin@hobbimate.com.au.

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

(e) We may, in our discretion, choose to share information about users (including you) with other users where we think this may assist with resolving a dispute between the users. You agree that:

(i) we may use and share your information with other users for this purpose; and

(ii) if we provide you with any such information of other users, you must only use that information for the purpose of resolving the dispute and for no other purposes.

(f) We may, but are under no obligation to, implement a complaints management procedure that determines what assistance we will provide in resolving disputes between you and other Users. If we do, you agree to participate in the complaints management procedure. We will use reasonable endeavours to procure the other user to participate in the complaints management procedure.

4.3 Investigating prohibited conduct

(a) We may, at any time and at our discretion, investigate any reported or suspected breach of these Terms of Use (or other unauthorised or unlawful use of the App or Website).

(b) In conducting any investigation, we may use data that we have logged in relation to our users' use of the App or Website and our products and services (including Our Content).

(c) Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the App or Website, the quality of our products and services (including Our Content) and our reputation. These actions may include (but are not limited to):

(i) rejecting or taking down any User Content (as described in clause 5.3) submitted;

(ii) suspending or terminating user accounts;

(iii) reporting any unlawful conduct to the appropriate authorities;

(iv) terminating your subscription; and/or

(v) otherwise taking appropriate legal action.

4.4 Suspension and termination

(a) We may suspend your access to the App or Website or terminate your account if we reasonably believe that it is necessary to:

(i) comply with any law;

(ii) prevent fraudulent activity or a security breach;

(iii) prevent a breach of these Terms of Use; or

(iv) 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.

4.5 Accuracy and suitability of information

(a) 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.

(b) The information provided through the App is general and may not be suitable for your specific situation. We recommend seeking professional advice before relying on any information.

(c) We are not responsible for any materials provided by other users or third parties on the App. We do not endorse any opinions, advice, or statements made by anyone other than us.

(d) You should evaluate the accuracy, relevance, and suitability of any information you find on the App for your needs.

(e) You acknowledge that you have not informed us of any specific purpose for which you need our products or services. It is your responsibility to ensure that any information or content we provide meets your requirements.

4.6 Third-party links

(a) The App or Website may contain links to or display the content of third parties (Third-Party Content), including links to websites operated by other organisations and individuals (Third-Party Websites).

(b) 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. Additionally, we do not take responsibility for the actions of the owners or operators of these Third-Party Websites.

5. Intellectual Property

5.1 Types of Content

(a) There are three types of content that you will be able to access on the App:

(i) content that you upload and provide (Your Content);

(ii) content that other users of the App provide (User Content); and

(iii) content that we provide (including, without limitation, database(s) and/or software) (Our Content).

(b) Nothing in this clause 5 affects the ownership of intellectual property rights (if any) in Your Content, User Content or Our Content.

5.2 Your 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, which may be updated from time to time.

(b) By uploading Your Content to the App:

(i) you represent and warrant to us that you have all necessary rights and licences to do so;

(ii) you warrant that, to the extent Your Content contains any personal information or images of any individuals, you have obtained the prior written consent of such individuals for us (and our sub-licensees) to use such personal information and images without needing to pay any royalties or other amounts to such individuals;

(iii) you grant us (including our affiliates, successors or assigns) a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future); and

(iv) 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, such as names, addresses, phone numbers, email addresses, URLs, or banking details. This applies to your information and that of others. If you choose to share personal info with other users, you do so at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

(d) We are not obligated to store Your Content. If it is important to you, you should keep a copy of it.

5.3 User Content

(a) Other users of Hobbimate will also share content through the App. User Content belongs to the user who posted it and is stored on our servers, displayed via the App as directed by the user.

(b) 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. Misusing this information for commercial purposes, spamming, harassment, stalking, or making unlawful threats is prohibited. We reserve the right to terminate your account if you misuse other users' information.

(d) We reserve the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the App constitutes a violation of their rights (including intellectual property rights, moral rights or privacy rights).

5.4 Our Content

(a) The content on the App and Website, aside from user-generated content, belongs to us.

(b) We and our licensors retain all rights, title, and interest in the intellectual property associated with the App or Website, including any updates and all components. This encompasses all current and future intellectual and industrial property rights worldwide, such as copyrights, know-how, designs, patents, trade marks, and any related registrations or rights to apply for registration of those rights.

(i) any other text, content, graphics, icons, buttons, layout designs, and overall aesthetic of the App or Website;

(ii) logos, sounds, artwork, trade marks, and branding associated with Hobbimate and the App;

(iii) descriptions, instructions, frequently asked questions, and any other written materials provided within the App or Website;

(iv) images and videos used for promotional purposes, tutorials, or user engagement within the App or Website;

(v) the structure and format of user profiles, including the data fields (name, age, interests) and star rating systems;

(vi) messaging functionalities, including templates for notifications and chat interfaces;

(vii) proprietary algorithms used for matching users based on interests and skills;

(viii) systems that allow users to provide feedback or report issues with content or user interactions;

(ix) any tutorials, tips, or articles created by us to help users improve their skills in the App or Website; and

(x) any other resources related to the App or Website,

that can be accessed or purchased through the App or Website, including any such items that are provided without charge.

(d) We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content (without the right to sublicence) under the following conditions:

(i) you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App or Website;

(ii) you shall not use our name in metatags, keywords and/or hidden text;

(iii) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or object code of the components of Our Content, the App or Website or reproduce all or any portion of the said components; or

(iv) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices from Our Content, the App or Website.

(e) All rights of Hobbimate and our licensors to the App, Website and Our Content that are not expressly granted under these Terms of Use are reserved.

5.5 Usage Data

(a) We reserve the right to aggregate and analyse data that we collect through the operation of the App or Website (Usage Data). This may include data that is uploaded, transmitted, posted and otherwise generated by authorised users.

(b) We may use the Usage Data to:

(i) operate, administer and secure the App or Website;

(ii) develop and improve the App or Website (including by adding new features and functionality);

(iii) identify and offer our products and services (as well as products and services of our trusted partners) that we think may be of interest to you, other Users and third parties, provided that we comply with applicable laws when doing so;

(iv) inform and optimise our advertising activities, and allow us to participate in online advertising networks;

(v) create datasets for various purposes, including commercial purposes like licensing or selling to third parties. This could involve using data analytics tools to generate reports, statistics, and other data products for research, performance optimisation, and security. We will not directly identify you in this data unless you give us your consent first;

(vi) use the data to identify and offer you our products and services (as well as products and services of our trusted partners) that we think you may be interested in, unless you have opted out from marketing; and

(vii) for any other purposes described in the Hobbimate Privacy Policy.

(c) You acknowledge and agree that, as between you and us, we own all rights (including intellectual property rights) in the Usage Data.

5.6 Trade Marks

(a) "Hobbimate App", "Hobbimate" and their corresponding logos are trade marks owned by us (Our Trade Marks).

(b) Trade marks that we use in our App, Website or in our materials to describe third parties and their products and services are trade marks of those third parties (Third-Party Trade Marks).

(i) Our Trade Marks for any purpose, other than with our prior written consent of or as permitted by law; or

(ii) the Third-Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.

6. Privacy

6.1 How we handle your Personal Information

(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 (as defined in the Privacy Act 1988 (Cth)) in the manner described in these Terms of Use, our Privacy Policy and as otherwise permitted by applicable laws or any specific consents you provide.

(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. If you choose to use certain features of the App (for example, direct messaging or message boards), additional information may be shared with other users as part of those features. We ask that you carefully consider what information you choose to share and post.

(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. We will only access your device's location when you are actively using the App. You may disable your device's location settings on your device. However, doing so will limit certain functionalities of the App.

(e) If you provide us with personal information about others, including other users, you confirm that you have obtained all necessary consents and approvals required by law to share that information with us. You also guarantee that our use, disclosure, and handling of this information will comply with applicable laws, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

(f) By accepting these Terms of Use, you:

(i) acknowledge that you have read and understood the Hobbimate Privacy Policy; and

(ii) agree that we may collect, hold, use and disclose your personal information (as defined in the Privacy Act 1988 (Cth)) in the manner described in the Hobbimate Privacy Policy and these Terms of Use, and as otherwise permitted by applicable laws or any specific consents you provide.

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

6.2 Cookies

(a) Our Website and App may use cookies to enhance your experience. A cookie is a small text file placed on your computer by our web server, which can be retrieved later. Cookies help us provide better, customer-focused services. You can decide whether to accept cookies and adjust your preferences in your browser settings. Rest assured, cookies do not change how your computer or mobile device operates.

(b) We recommend accepting cookies to get the most out of the Website or App. Cookies may also collect non-personalised information, like the date and pages accessed, for administrative, statistical, and maintenance purposes. This information will be aggregated and not linked to individual users.

(c) Most web browsers allow you to disable cookies on your mobile or computer. If you disable cookies, you may be unable to use the Website to the fullest and optimum extent, including to login to your account.

(d) We may use the cookies on the Website or App for commercial purposes, including targeting and displaying advertising on our Website or App and on Third Party websites, social media apps and advertising networks.

7. Indemnities and limitations of liability

7.1 Australian Consumer Law

(a) In these Terms of Use, "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms "Consumer" and "Consumer Guarantees" have the meaning given to them in the Australian Consumer Law.

(b) The Australian Consumer Law provides Consumers with a number of protections including the 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. However, where the Australian Consumer Law permits a supplier of goods or services to limit its liability for a failure to comply with a Consumer Guarantee, we limit our liability in accordance with clause 7.2(b).

7.2 Exclusion of warranties, limitation of liability and indemnity

(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:

(i) those set out in these Terms of Use; and

(ii) any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement under applicable laws including the Consumer Guarantees under the Australian Consumer Law (Non-Excludable Terms).

(b) To the maximum extent permitted by law (but subject to clause 7), if we are liable for any loss or damage suffered or incurred by you (including for a breach of a Non-Excludable Term) which arises out of or in connection with our App, our Website or the supply of our products or services, including where due to our negligence, our liability is limited (at its option, acting reasonably) to:

(i) if the breach relates to products:

(A) the replacement of the products or the supply of equivalent products;

(B) the repair of such products;

(D) the payment of the cost of having the products repaired; and

(ii) if the breach relates to services:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

(c) Where you suffer any loss in connection with the use of the products or services, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.

(d) Without limiting your rights and our obligations under the Australian Consumer Law and our liability to you if we breach any non-excludable terms (which are subject to clauses 7 and (b)), you acknowledge and agree that:

(i) the App, and its functionality and content are provided "as is" and on an as available basis;

(ii) you assume all risks associated with your use of the App, including the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by any Third-Party Content or Third-Party Website;

(iii) we do not represent or warrant that the App or Website (or any of its functions or content) will be uninterrupted, available or error free, that defects with the App or Website will be promptly corrected, or that the App or Website (or any server that makes them available to you) are free of errors, viruses or malicious code;

(iv) neither party is liable to the other party in connection with these Terms of Use (whether such liability arises in contract, tort (including negligence), under statute or otherwise) for any:

(A) act or omission of other users;

(B) corruptions to or loss of data or your computer systems or devices;

(C) any indirect or consequential loss arising under or in connection with App or Website, including loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of or damage to goodwill, loss of business reputation, loss of use, loss of interest, loss of anticipated savings or any other similar kind of loss;

(D) loss or damage arising from any suspension of access or discontinuance of the App or Website; and

(E) loss to the extent that it was contributed to by you or any other matter outside our reasonable control;

(v) our total aggregate liability to you for any loss, damage, liability or expense you suffer or incur in connection with the App or Website and which is not excluded under sub-clauses (a) to (d) inclusive, whether arising under contract, tort (including negligence), under statute or otherwise, is limited to the greater of: (ii) AUD $250.00; and (i) the fees paid by you in connection with the App in the preceding 12 months.

(e) Each party agrees to indemnify the other party, including their affiliates or relates bodies corporate, (those indemnified) from and against all liabilities, costs, losses and expenses which those indemnified may suffer or incur in connection with any:

(i) any warranties given under these Terms of Use;

(ii) third-party claims or allegations against those indemnified that are caused by breach of these Terms of Use; or

(iii) any allegation or claim against those indemnified that the use of any of content infringes any third-party rights (including intellectual property rights) or any law.

8. General

(a) (Governing Law) These Terms of Use are governed by and is to be construed under the laws in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms of Use.

(b) (Assignment) You must not assign, novate or otherwise transfer any of your rights or obligations under these Terms of Use without our prior written consent (which we may withhold if we reasonably consider that it is against our legitimate business interests). An assignment in breach of this clause is void and of no force and effect. We may assign, novate or otherwise transfer any of our rights or obligations under these Terms of Use to:

(i) a related body corporate of ours; or

(ii) the purchaser of part or whole of our business assets or operations relating to the App.

(c) (Subcontracting) We may subcontract the performance of our obligations under these Terms of Use to any person and without notice to you, but we will remain liable to you for the performance of its obligations notwithstanding any such sub-contracting.

(d) (Waiver) A party's rights or remedies under these Terms of Use are not waived by it unless such waiver is in writing and signed by the party granting the waiver. No delay or omission of a party in exercising any rights or remedies shall operate as a waiver of such rights or remedies.

(e) (Severance) If a provision in these Terms of Use is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms of Use for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms of Use.

(f) (Further assurances) You agree that you will, at your own expense, do all things and execute all further documents necessary to give full effect to these Terms of Use and the transactions contemplated by it.

(g) (No reliance) You acknowledge and agree that you have not relied on any statement by us which has not been expressly included in these Terms of Use.

(h) (Entire agreement) These Terms of Use constitute the entire agreement between you and us regarding access and use of the App and supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.

(i) (Notices) Any notice required to be given to you under these Terms of Use may be given by us to you by any legal means, including notification via any contact details you have provided for your account. Any notices required to be given by you to us under these Terms of Use must be sent by email to the contact details set out in clause 9.

(j) (Interpretation) In these Terns if Use unless a contrary intention is expressed:

(i) a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);

(ii) other parts of speech and grammatical forms of a word or phrase defined in these Terms of Use have a corresponding meaning;

(iii) a reference to a party to any document includes that party's successors and permitted assigns;

(iv) a provision of these Terms of Use may not be construed adversely to a party solely on the ground that the party (or that party's representative) was responsible for the preparation of these Terms of Use or the preparation or proposal of that provision;

(v) the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in these Terms of Use do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary;

(vi) if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;

(vii) if an act or event must occur or be performed on or by a specified day and occurs or is performed after 5.00 pm on that day, it is taken to have occurred or been done on the next day; and

(viii) if anything under these Terms of Use is required to be done by or on a day that is not a business day that thing must be done by or on the next business day.

9. Our contact details

If you have any queries regarding these Terms of Use (including any queries regarding subscriptions or other purchases made via the App), please contact us at admin@hobbimate.com.au.

Our terms of use:

This website uses cookies.