1. Welcome to SearchParty

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).

2. Acceptance and Variation of Terms

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.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, the Privacy Policy, or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

3. Acceptable Use

You agree that you are only authorised to use our Services for your own personal (and not commercial) use and for the following activities:

  1. accessing and using our Services; and
  2. any other purpose which we make known to you.

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.

Your access and use of our Services is subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click-and-accept end user licence terms, together with privacy policy terms and acceptable use standards.

4. No Minors

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.

5. App

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).

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.

6. Account Creation

1. Account Creation

In order to access and use the App, you must: 

  1. create an account by signing into the App using one of our supported social media services, such as Facebook or Snapchat; and
  2. provide us with a valid email address.

2. Acknowledgements

When creating an account, you acknowledge and agree that:

  1. you will not provide any false personal information and will keep your personal information accurate and up-to-date;
  2. you will only create one account;
  3. you will not allow anyone else to access your account;
  4. you will not create a new account if your account is disabled;
  5. if you create an account using your user credentials from a third party site (such as Facebook or Snapchat), your use of such credentials is subject to the relevant third party site’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account;
  6. we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and
  7. we have the right to terminate your access to our Services, at any time, in our sole discretion, without prior notice to you.

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:

  1. if you breach these Terms, or we suspect that you have breached them; and
  2. if you engage in any illegal conduct or behaviour.

7. Parties

App users may create and join groups of other users (Parties) in order to:

  1. view the identity and real-time location of the other members of the Party;
  2. share their identity and real-time location to other members of the Party; and
  3. send instant messages to other members of the Party.

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.

8. Real-time Location Sharing

1. Minimum Requirements

In order for the App to function, you must:

  1. turn on location sharing and the Global Positioning System (GPS) function on your mobile device; and
  2. allow the App to access location sharing and GPS.

2. Real-time Location Sharing by the App

You acknowledge, agree, and consent to the App sharing your location in real-time to the members 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:

  1. disable location sharing in the App (which does not turn off location sharing on your device, but only prevents the App from sharing your location);
  2. disable location sharing and GPS on your mobile device; or
  3. turn off your 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.

4. Acknowledgements

You acknowledge and agree that enabling location sharing and GPS on your mobile device may:

  1. allow other software and applications on your mobile device to access those functions to, among other things, share your location in real-time to third parties;
  2. incur mobile data and other charges with your mobile phone provider or internet service provider, which may be excessive if you exceed your periodic data allowance (if applicable).

9. In-App “Help” Feature

The App may contain an “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:

  1. may be removed by us at any time;
  2. may only be made available by us to certain users based on various factors, including but not limited to, their current physical location and the availability of emergency services in that location; and
  3. is provided for convenience purposes only.

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:

  1. any failure by any person to contact local emergencies services in cases of real emergency involving any actual or risk of injury to any person; or
  2. any person contacting local emergencies services where there is no real emergency involving any actual or risk of injury to any person.

10. Social

The App (and our Services generally) may contain social media features (Social Features) allowing you to:

  1. communicate with other users; and
  2. submit and post text, images, audio recordings, video recordings and other content to third party social media services (such as Facebook and Snapchat) which may be visible to other users, and persons who are not users of our Services.

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:

  1. remove or modify any content posted by you or any other user using the Social Features;
  2. withdraw and remove your access to the Social Features without prior notice; and
  3. take any action against any user for breaching the Social Rules which we consider appropriate.

11. Promotions and Discounts

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.

12. Security

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.

13. No Interference

You agree that you will not:

  1. use our Services in any way that could damage our reputation or goodwill;
  2. permit any person to access and use our Services other than in accordance with these Terms;
  3. disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;
  4. except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
    1. reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or
    2. decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;
  5. when accessing and using our Services:
    1. attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party’s computing systems and networks;
    2. use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
    3. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;
    4. transmit, or input into our Services any information, data, files or other material that may damage any other person’s computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use); 
    5. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Services, except as is strictly necessary to use either of them for normal operation;
    6. remove or modify any program markings or any notice of proprietary rights, including those of any third party;
    7. use any automated processes or means to access our Services;
    8. use any software or manual repetition that will or is likely to interfere with our Services; or
    9. attempt to cause stress or detriment to the proper working of our Services, such as by:
      1. acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
      2. reloading or refreshing transaction pages more than once every 5 seconds; or
      3. requesting any page or section of the Site or the App more than 1000 times in aggregate in any 24-hour period.

14. Availability

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:

  1. there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of our Services;
  2. it is reasonably required to reduce or prevent fraud or interference with our Services;
  3. we are required to comply with an order, instruction or request of a government authority, or other such competent body; or
  4. we are otherwise prevented from making our Services available by circumstances outside our reasonable control.

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.

15. Copyright

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.

16. Intellectual Property

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.

17. Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

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:

  1. comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;
  2. comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;
  3. take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it;
  4. co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

18. Third Party Sites and Content 

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.

19. Continued Development

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.

20. Off-App Conduct 

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.

21. Consequences for Violation

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

  1. take any legal action we may have available against you;
  2. block your use of our Services;
  3. suspend, deactivate, or delete your account on our Services; and/or
  4. disclose information about you and your use of the App for investigation by any enforcement body for your unlawful activity.

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.

22. DISCLAIMER

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:

  1. 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; AND
  2. ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS EXCLUDED.

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 UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OUR SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUR PRIVACY POLICY. WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

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.

23. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:

  1. YOU ACCESS AND USE OUR SERVICES AT YOUR OWN RISK AND EXPENSE; AND
  2. YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.

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:

  1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
  2. YOUR USE, NON-USE OR MISUSE OF OUR SERVICES;
  3. THE USE, NON-USE OR MISUSE OF OUR SERVICES BY ANY OTHER PERSON;
  4. OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
  5. THE INABILITY OF ANY PERSON TO ACCESS OR USE OUR SERVICES DUE TO MOBILE DEVICE INCOMPATIBILITY, LACK OF TELECOMMUNICATIONS CONNECTIVITY (SUCH AS A LACK OF CELLULAR DATA RECEPTION), OR ANY OTHER TECHNICAL ISSUE OR MALFUNCTION;
  6. ANY FAILURE BY ANY PERSON TO CONTACT LOCAL EMERGENCY SERVICES IN CASES OF REAL EMERGENCY INVOLVING ANY ACTUAL OR RISK OF INJURY TO ANY PERSON;
  7. ANY PERSON CONTACTING LOCAL EMERGENCIES SERVICES USING THE EMERGENCY CALL FEATURE (IF AVAILABLE) WHERE THERE IS NO REAL EMERGENCY INVOLVING ANY ACTUAL OR RISK OF INJURY TO ANY PERSON;
  8. ANY FAILURE BY ANY PERSON TO DISABLE THE LOCATION SHARING FEATURE IN THE APP, OR OTHERWISE STOP THE APP SHARING THEIR LOCATION IN REAL-TIME, WHERE THEY NO LONGER INTEND TO CONTINUE SHARING THEIR LOCATION;
  9. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS; AND
  10. YOUR BREACH OF THESE TERMS.

24. INDEMNITY AND RELEASE

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL:

  1. AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST; AND
  2. RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY FOR,

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:

  1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
  2. YOUR USE, NON-USE OR MISUSE OF OUR SERVICES;
  3. THE USE, NON-USE OR MISUSE OF OUR SERVICES BY ANY OTHER PERSON;
  4. OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
  5. ANY FAILURE BY ANY PERSON TO CONTACT LOCAL EMERGENCY SERVICES IN CASES OF REAL EMERGENCY INVOLVING ANY ACTUAL OR RISK OF INJURY TO ANY PERSON;
  6. ANY FAILURE BY ANY PERSON TO DISABLE THE LOCATION SHARING FEATURE IN THE APP, OR OTHERWISE STOP THE APP SHARING THEIR LOCATION IN REAL-TIME, WHERE THEY NO LONGER INTEND TO CONTINUE SHARING THEIR LOCATION;
  7. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS; AND
  8. YOUR BREACH OF THESE TERMS.

25. Reporting

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 hello@getsearchparty.com. So that we can efficiently deal with your report, please ensure that your report:

  1. states the reason for your concern/s; and
  2. clearly identifies the content by providing:
    1. a description of it; and
    2. a link to the specific page, post or content (if applicable).

26. Confidentiality

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 hello@getsearchparty.com

27. Notices and Notifications

We may send or issue notices to you from time to time:

  1. through the user interface on our Services; and/or
  2. by email.

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.

28. General

1. Disputes

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:

  1. notify us of the dispute by emailing us at hello@getsearchparty.com;
  2. provide us with full and complete details of the dispute;
  3. providing such supporting information or documents as we reasonably request; and
  4. act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

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.

3. Jurisdiction

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.

4. Severability

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.

5. Waiver

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.

29. Rules of Interpretation

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:

  1. the singular includes the plural and vice versa;
  2. words of any gender include all genders;
  3. alternate grammatical forms of a defined term have a corresponding meaning;
  4. a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
  5. a reference to a document includes the document as novated, varied, or substituted from time to time;
  6. a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
  7. a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns; 
  8. a reference to two or more persons is to any of them together and each of them individually;
  9. a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
  10. “including” and similar expressions do not limit the generality of any provision of these Terms;
  11. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and
  12. headings and table of contents are for ease of reference only and do not affect interpretation.