SearchParty Holdings Pty Ltd ACN 628 802 415 (we, us, our) operates the iOS and Android mobile applications known as “SearchParty” (the App), GetSearchParty.com and all of its subdomains (the Site), and various third party social media and messaging sites, channels, pages, groups and forums (collectively, our Services).
Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.
By clicking an “accept” button, creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.
You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.
You agree that you are only authorised to use our Services for your own personal (and not commercial) use and for the following activities:
You must not use our Services for any illegal purpose, including but not limited to carrying out acts of terror, or any act which causes, or may be likely to cause, physical harm to any person.
Our Services are designed for use only by people who are 18 years of age or older. Persons under 18 years of age must only use our Services with the consent of their parent or legal guardian. We may, in our discretion, request you to provide evidence of such consent, if applicable.
1. Installation of the App
Your download and installation of the App is subject to the Apple App Store terms and conditions (for iOS devices) and Google Play Store terms and conditions (for Android devices). By installing the App, you acknowledge and agree to these Terms, and consentto anything we made do under these Terms.
While we endeavour to ensure that the App supports all modern mobile phone devices, we do not warrant or guarantee that the App will be bug free, or perform as expected, on all devices.
2. Licence to Use and Access the App
In exchange for you agreeing to and accepting these Terms (or being deemed to do so), we grant you a personal, non-exclusive, non-assignable licence to use and access the App (with no right to sublicense).
3. No Warranty
Subject to law, we make no representations and give no warranties or guarantees to you that the App is suitable for any particular use or purpose.
1. Account Creation
In order to access and use the App, you must:
When creating an account, you acknowledge and agree that:
3. Account Deletion
You may permanently delete your account at any time either by using the deletion facility in the App.
We reserve the right to delete your account at any time and for any reason, including but not limited to:
App users may create and join groups of other users (Parties) in order to:
Parties may be either private, or public. Private Parties are protected with a password or code which users must provide in order to join the private Party. Public Parties may be joined by any user near to the real-time location of the user who created the public Party.
Joining a Party may also allow you to communicate with other user members of that Party. Please refer to the section of these Terms titled “Social” for further terms regarding your use of the social media features of our Services.
1. Minimum Requirements
In order for the App to function as intended, you must:
2. Real-time Location Sharing by the App
While the App remains installed on your mobile device, you acknowledge, agree, and consent to the App sharing your location in real-time with us and each member of every Party you have joined in the App, including while the App is in the background (i.e. the App is not actively being used on your device).
You further acknowledge and agree that the real-time location sharing function of the App may rely on the availability and integrity of local mobile phone and data networks. The performance of the location sharing function may be adversely affected by network congestion affecting GPS, 3G, 4G and other networks.
3. How To Stop Location Sharing
To stop the App sharing your location in real-time, you must, subject to the functionality of your particular mobile device:
After departing any venue or location within which you used the App, we recommend that you use the App to leave all Parties you have joined, or use one of the above methods to stop the App sharing your location in real-time.
You acknowledge and agree that enabling location sharing and GPS on your mobile device may:
The App may contain a “help” feature allowing users to send a notification to all members of a selected Party of which they are a member containing the initiating user’s location and requesting all other Party members’ assistance.
This feature is NOT designed for real emergencies. In the case of a real emergency involving any actual or risk of injury to any person, we strongly urge all users to contact local emergency services immediately.
The App may also contain a feature allowing users, in cases of real emergency, to launch the phone application on their mobile device to make a telephone call to local emergency services (Emergency Call Feature).
The Emergency Call Feature:
We take no responsibility for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) arising from, or in connection with, directly or indirectly:
The App (and our Services generally) may contain social media features (Social Features) allowing you to:
We may, in our discretion, publish rules in the App or on the Site, or in these Terms, relating to the use of the Social Features and our Services generally, which may include a post removal policy (Social Rules).
You agree to comply with all of our Social Rules at all times when using our Services. We reserve the right, at any time in our sole absolute discretion, to:
We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us.
You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.
Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.
We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems, including by encrypting your data (including your Final Messages). You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for Loss suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.
You agree that you will not:
We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services immediately, including where:
You acknowledge and agree that access to our Services is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Services, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of our Services to you via the Internet.
While we will use all reasonable endeavours to ensure that you have continuous access to our Services, we will not be liable to you or any other person for any Loss to property or persons caused by such factors.
We reserve the right to restrict of remove access to our Services for the purpose of undertaking maintenance and updating of our Services.
We do not warrant that any part of our Services is or will be completely error free or free of defects. Certain parts of our Services may be made available on an “alpha” or “beta” basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of our Services are released on such an “alpha” or “beta” basis. We are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of our Services which are released on an “alpha” or “beta” basis.
Except as expressly stated by us, the text, images, audio recordings, video recordings, coding, designs, layouts, and other information and content (Content) contained within our Services are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).
You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.
You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in our Services, and any Content hosted or made available on or through our Services (including content produced or provided by other users), and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.
You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.
You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
If, as a result of this agreement, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:
Our Services may contain links to third party websites outside our control (Third Party Sites). We take no responsibility for content contained in any Third Party Sites, and we do not endorse any aspect of any Third Party Sites. We provide links to Third Party Sites for convenience only. You access and use all Third Party Sites entirely at your own risk.
If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.
It is a direct violation of these Terms for you to engage in an activity using information obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.
If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:
You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing its goodwill, causing a loss to sales or increasing its expenses and in such a case consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.
OUR SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
WHILST ALL DUE CARE HAS BEEN TAKEN IN PROVIDING OUR SERVICES, TO THE GREATEST EXTENT PERMITTED BY LAW:
ALL DUE CARE IS TAKEN IN ENSURING THAT OUR SERVICES ARE 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 OUR SERVICES OR ANY THIRD PARTY SITE.
WE PROVIDE NO WARRANTY AS TO THE ACCURACY OR CURRENCY OF THE ACCOUNT INFORMATION OR OTHER INFORMATION OR DATA UPLOADED TO OUR SERVICES BY ANY OTHER PERSON.
FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES 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 THEM.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL:
ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:
If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing email@example.com. So that we can efficiently deal with your report, please ensure that your report:
You agree to keep confidential all Content hosted or made available on or through our Services (including content generated by other users).
If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at firstname.lastname@example.org.
We may send or issue notices to you from time to time:
You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.
Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:
2. Entire Agreement
These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.
This Agreement is governed by the laws of the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland.
Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.
A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.
Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.
The following rules also apply to the interpretation of these Terms, except where the context otherwise requires: