Cagg Enterprises Pty Limited ACN 617 670 229 (‘we, us, our’) owns and operates the WhoseWhere app. Access to and use of WhoseWhere is and the products and services available through WhoseWhere (collectively, ‘Services‘) is subject to the following terms, conditions and notices (‘Terms‘).
By creating a WhoseWhere account you agree to bound by these Terms. We may change these Terms at any time in the manner contemplated in clause 3.
By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms.
Modifying the Services
We are always trying new ways to improve our Services. This may mean adding and terminating features of WhoseWhere and if these actions do not materially affect your rights or obligations, we may not provide you with notice before implementing them.
We must have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services or any part of WhoseWhere.
Access to WhoseWhere is permitted on a temporary basis. We will not be liable if for any reason WhoseWhere is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of WhoseWhere.
We may suspend the Services entirely, in which event we will endeavour to notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
Modifying and Terminating these Terms
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on WhoseWhere. Your continued use of WhoseWhere following such notification will represent an agreement by you to be bound by the Terms as amended.
We hope that you remain a loyal WhoseWhere customer, but you can terminate your account at any time if you feel it is necessary to do so.
WhoseWhere may also terminate these Terms with you at any time, for any reason, and without advance notice. This means that we may stop providing you with any of our Services. We may also suspend your account for any period of time.
Regardless of who terminates these Terms, clauses 4, 6, 7, 2, 13, 14, 15, 16, and 17 survive termination of these Terms.
Who can use WhoseWhere
You must be at least 18 years of age to create a WhoseWhere account. By creating an account, you are warranting to us that you are of this age and:
you can form a binding contract with WhoseWhere;
you are not a person who is barred from using the Service under the laws of Australia or any other applicable jurisdiction;
you will comply with these Terms and all applicable local, State, Federal and international laws, rules and regulations when using WhoseWhere; and
you have never been convicted of a crime that requires you to register as a sex offender with any State, Federal or local sex offender registry.
Your Account
Signing in may be done through using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information. For more details on what sort of information we take and how we will use your information, you can view our Privacy Policy here [insert hyperlink].
By using WhoseWhere, you consent to the processing described by the Privacy Policy and warrant that all data provided by you is accurate.
You are solely accountable for all actions that happen on your account. It is your responsibility to keep your login credentials secure.
By creating a WhoseWhere account you are agreeing that you will not create more than one account and, if you have previously been banned from WhoseWhere, create another account, unless you have our permission.
If you think that someone has gained access to your account, please contact support at whosewhere.com.
If you become aware of a user that is under the age of 18, please contact support at whosewhere.com.
Rights you grant WhoseWhere
Subject to this clause 6, by creating an account, you grant to WhoseWhere a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute your information. Any information uploaded or posted to your account could be taken by WhoseWhere. If uploading from Facebook you authorize us to access the information that is subjected to Facebook, as well as any information you post, upload, display or otherwise make available or post on the Service or transmit to other users (‘Content’).
Our license to your Content is subject to your rights under the Privacy Act 1988 (Cth) and our Privacy Policy and is for the limited purpose of operating, developing, providing, and improving the Service. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service. These privacy settings can be managed in your WhoseWhere account settings.
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to WhoseWhere above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We have the right to delete or suspend your account if we feel you have violated these Terms.
The Services may contain advertisements. In consideration for WhoseWhere letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
Intellectual property rights
The intellectual property rights in all software and content (including photographic images) made available to you on or through WhoseWhere remains our property or the property of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on WhoseWhere nor may you use any such content in connection with any business or commercial enterprise.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission to do so.
We love to hear your feedback so please feel free to let us know how we could make our Services better. However, we may use your ideas at any time without consulting you or compensating you. If we do, you acknowledge and agree that such ideas form part of our intellectual property rights and will be subject to our rights set out in this clause 7.
Rights WhoseWhere Grants You
WhoseWhere grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as any community or other guidelines we may publish from time to time, allow.
Any software that we provide you, may automatically download and install upgrades, updates, or other new features. You may be able to stop this from happening through your device settings.
Safety and prohibitions
We take your safety seriously and will always do our best to keep WhoseWhere a safe place for everyone, but we can’t guarantee it. We need your contribution into keeping WhoseWhere safe. By using the Services, you agree that you will not:
use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
use or attempt to use another user’s account, username, or password without their permission;
commit or encourage a criminal offense;
infringe upon the rights of any other person’s proprietary rights;
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
attempt to affect the performance or functionality of any computer facilities of or accessed through WhoseWhere.
WhoseWhere does not partake in any background checks into any of our users. We will always strive to terminate fake accounts but can’t guarantee the deletion of all of them. You are completely responsible for your actions over WhoseWhere and who you give certain personal information to.
Where breaching this clause 9 would constitute a criminal offense, WhoseWhere may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
In accordance with clause 15, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your devices, computer equipment, computer programs, data or other proprietary material due to your use of WhoseWhere or to your downloading of any material posted on it, or on any Linked Sites (clause 1).
Community Rules
By using the Services, you agree that you will not:
use the Service for any purpose that are illegal or prohibited by these Terms;
spam, including creating fake accounts or solicit money from or defraud any users;
claim to be another person or entity or post any images or content from or of another person without his or her permission;
bully, stalk, intimidate, threaten, harass any other persons;
post any Content that violates these Terms such as privacy, copyright, trademark or other intellectual property that do not belong to you;
post any Content including images that is, (are) sexually explicit or pornographic, includes nudity or is violent or illegal in any way; or
use another user’s account.
When communicating with our customer care and support centre representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives is at any time threatening or offensive, we reserve the right to immediately terminate your account.
WhoseWhere has the right to terminate your account at any time if we feel you have in anyway violated these Terms.
Violations and Complaints
Although WhoseWhere reserves the right to review and remove Content that violates these Terms, all content uploaded is the sole responsibility of the user that uploaded it. WhoseWhere cannot guarantee that content of other users will comply with these Terms as we do not review all content uploaded. If you see any content that you think violates these Terms you should contact our support team at whosewhere.com.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting our support team at whosewhere.com.
Respecting Copyright
If WhoseWhere becomes aware that you have infringed copyrights (whether ours or a third party’s), we may take action to terminate your account.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on WhoseWhere are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on WhoseWhere are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, contact our support team at whosewhere.com.
Third Party Services and Linking
WhoseWhere may contain links to other websites (Linked Sites), which are not operated by WhoseWhere. WhoseWhere has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
You acknowledge that WhoseWhere is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the Linked Sites. The inclusion of any such Linked Sites does not imply endorsement by WhoseWhere or any association with its operators.
WhoseWhere will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any Linked Sites.
You may link to WhoseWhere, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website or app that is not owned by you. We reserve the right to withdraw linking permission without notice.
Disclaimers
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law:
the material displayed on WhoseWhere is provided without any guarantees, conditions or warranties as to its accuracy; and
the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In addition, while WhoseWhere attempts to provide a good user experience, we do not represent or warrant that:
the Services will always be secure, error-free, or timely;
the Services will always function without delays, disruptions, or imperfections; or
that any content, including your Content, or information you obtain on or through the Services will be timely or accurate.
WhoseWhere takes no responsibility for any Content that you or another user or third party posts, sends or receives through the Services. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
Limitation of Liability
To the fullest extent permitted by law, WhoseWhere hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to:
your access to or use of or inability to access or use the Services;
the conduct or content of other users or third parties on, through, or following use of the Services;
unauthorized access, use or alteration of your content; Or
the use, inability to use, performance or failures of the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify, defend and hold harmless WhoseWhere and its related corporate bodies, and each of their respective officers, employees, agents, contractors, licensors and suppliers, from and against any and all third-party claims, demands, actions, costs, liabilities, losses and damages of any kind resulting from your use of WhoseWhere or your breaching of any provision of these Terms.
General
These Terms are governed by the laws of South Australia, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of South Australia, Australia.
These Terms constitute the entire agreement between us and you in relation to the use of any of our Services, communications or displays whether electronic, oral or written, between us and you in relation to our Services.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Any failure of ours to enforce a provision in these Terms does not amount to and cannot be construed to be a waiver of our rights under that provision.
