APP TERMS & CONDITIONS
By downloading, installing, accessing or using this App, you acknowledge you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms you should uninstall and/or cease to access and use this App immediately.
The terms you and your refer to users of the App (each a User).
- Eligibility and Basis of Use
- The App may only be used by individuals aged eighteen (18) years or older.
- Using the App may be prohibited or restricted in certain countries. If you use the App outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the App.
- Additional Terms and Conditions
These Terms supplement and incorporate:
- the Apple, Inc. Terms and Conditions including, without limitation, the Licensed App End User License Agreement provided therein (Apple Terms);
- the Facebook Terms and Conditions including, without limitation, the Facebook Terms of Service (Facebook Terms); and
- the Google Play Terms of Service (Google Play Terms).
If any of the provisions of the Apple Terms, Google Play Terms or any applicable Amikumu policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the App.
- How the App Works
- The App provides a directory and map view of people within a geographical radius from you who speak foreign languages (Users). Users can browse details about other Users including language spoken, level of fluency and location.
- The App has many features and allows you to:
- communicate with other Users via the instant messaging service;
- block Users;
- indicate your location anywhere in the world and make that location visible to any User;
- organise events;
- make in App purchases.
- Each User acknowledges and agrees that the App is an online introductory platform only, and that Amikumu’s responsibilities are limited to facilitating the availability of the App.
- Each User acknowledges that by being logged in to the App, Amikumu may use geolocation services to determine your location.
- Access to the App will require a User to register for an account (Account).
- Basic information is required when registering for an Account. Each User is required to provide certain information including name, email address and password or sign in using their existing third party social media account as identified on the Site, and select a username and password.
- Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. Amikumu reserves the right to suspend or terminate any Account and a User’s access to the App if any information provided to Amikumu proves to be inaccurate, not current or incomplete.
- It is the User’s responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions. The User will change its password regularly.
- The User will immediately notify Amikumu of any unauthorised use of its Account.
- Copyright and Intellectual Property
- Our App contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the App. Amikumu, the Amikumu logo, and other Amikumu material used in connection with the App are unregistered or registered trademarks of Amikumu (collectively Amikumu Marks).
- Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered Amikumu Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Amikumu (in each case whether registered or unregistered or whether capable of registration), together with any Apps for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and App; trade, business company or organisation names; internet domain names; and Content, images and layout.
- You agree that, as between you and us, we own all Intellectual Property rights in the App, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the App. The App is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Amikumu or the owner of the Content.
- Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively Third Party Marks).
- The Intellectual Property, Amikumu Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Amikumu or the applicable trademark holder.
- Users do not obtain any interest or licence in the Intellectual Property, Amikumu Marks or Third Party Marks without the prior written permission of Amikumu or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.
- User Licence
- Subject to these Terms, Amikumu grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the App for your own personal and/or non-commercial use only on a computer or mobile device (each a Device) owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the App in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
- The right to use the App is licensed to you and is not being sold to you. You have no rights in the App other than to use it in accordance with these Terms.
- These Terms and User Licence govern any updates to, or supplements or replacements for, this App, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
- User Warranties
- By using our App, you warrant that you possess the legal capability and authority to enter into the Terms and to use the App in accordance with the Terms; you are at least 18 years old; any registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and your use of our App does not violate any applicable law or regulation.
- As a condition of your use of our App, you agree to abide by the Terms; not to provide the App to any third party; that Amikumu has the right to refuse you any and all current or future use of the App and that Amikumu reserves the right to include or exclude entry to, or remove a User from the App.
- Fees and Payment
- It is free to set up your Account as a User.
- If a User is willing to pay the fees set out on the Website, certain features of the App will be made available to that User. The special features of the App and our pricing structure are set out on the App or Website and may be amended from time to time in our sole discretion.
- User Information and Security
- The App may require the transmission of information provided by the User including User names and passwords, addresses, e-mail addresses and the User’s geographic location (User Information).
- User Information is stored securely. If we are aware of a breach of security, we will notify affected users and we will cooperate with authorities regarding the breach.
- The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the App, for all transactions and other activities in the User’s name, whether authorised or unauthorised.
- The User agrees to immediately notify us of any unauthorized transactions or breach of security associated with the App. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the App.
- User Intellectual Property
- The App allows Users to submit biographical information, profile photos, location data, and other communications (collectively, the User Submissions). The User Submissions may be hosted, shared, and/or published as part of the App, and may be visible to other Users who are within certain radial distance of your geo-location and which you have not expressly blocked. Direct messages, notifications and invitations that you send directly to other Users (collectively Private Messages) will only be viewable by those User(s) you directly send such Private Messages; but User Submissions may be globally viewed by other Users within certain distance from your geo-location, unless the User is blocked by you.
- In connection with Status Submissions, you warrant that:
- you own or have the necessary licences, rights, consents, and permissions to use, and you authorise Amikumu to use, all copyright, patent, trademark, trade secret, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the App and these Terms; and
- you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the App and these Terms.
- By submitting the User Submissions to the App, you hereby grant Amikumu a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the App and Amikumu business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of your User Submission a non-exclusive licence to access your User Submissions through the App. The foregoing licence granted by you for each User Submission terminates once you remove or delete such User Submission from the App.
- Acceptable Use and Prohibited Use
Use by the User of the App and any Content and User Information transmitted in connection with the App is limited to the contemplated functionality. The User agrees that his or her use of the App and any Content, User Submissions and Private Messages must comply with these Terms and the Amikumu Policies. In no event may the App be used in a manner that:
- harasses, abuses, stalks, threatens, defames or otherwise interfere, infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent or deceptive;
- uses technology or other means to access the App, Website or Content that is not authorized by us;
- uses or launch any automated system, including without limitation, robots, spiders, or offline readers, to access the App, Website or Content;
- attempts to or tampers with, hinder or modify the App, attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the App including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the App;
- attempts to gain unauthorised access to our computer network or user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms;
- attempts to damage, disable, overburden, or impair our servers or networks;
- fails to comply with applicable third party Terms; or
- facilitates or assists another person to do any of the above acts.
You must not:
- post, upload, publish, submit or transmit any Content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- requests money from, or is intended to otherwise defraud other Users;
- denigrates Amikumu or the App;
- transmits junk mail, chain letter, spam mail, spamming, phishing, trolling or other unauthorised mass transmission.
- contains videos, images or media content of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian);
- is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive or in any way consists of sexual harassment;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
- promotes illegal or harmful activities or substances.
- print, publish, modify, link to or distribute any Content from the App or any other documentation that we provide to you, unless we have authorised you in writing;
- breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our App; alter or modify any of the code or the material on the App;
- cause any of the App to be framed or embedded in another website;
- use the App for commercial purposes;
- collect or harvest any personally identifiable information, including phone number, from the App, nor to use the communication systems provided by the App for any commercial solicitation or spam purposes;
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any App; or
- facilitate or assist another person to do any of the above acts.
Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App (Content) is prohibited.
We reserve the right, in our sole discretion, to terminate any User Licence, remove Content or assert legal action with respect to Content or use of the App that we reasonably believe is or might be in violation of these Terms or Amikumu Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
Upon termination of the Terms, we have no further obligation to you, and may cease to provide the App to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
- Consumer Guarantee
- Our App comes with consumer guarantees under applicable local consumer law that cannot be excluded.
- Certain legislation, including Australian Consumer Law, may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Amikumu are able to do so, the liability of Amikumu and its affiliates under those provisions will be limited, at its option to: (1) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (2) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
- We provide the App to the User as is, and the User is using the App at his or her own risk.
- To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the App is merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the App by the User is in compliance with laws applicable to the User or that User Information transmitted in connection with the App (including as part of online payment) will be successfully, accurately or securely transmitted.
- We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information in the App, technical accessibility, fitness or flawlessness of the App, or that your use of the App will not infringe rights of third parties.
- Amikumu assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
- Amikumu cannot and does not control the condition, legality or suitability of any User. Users are responsible for determining the identity and suitability of Users that they contact via the App.
- Amikumu accepts no responsibility for and makes no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the App or provided by the User. Amikumu disclaims any and all liability related to any and all Users, Profiles, User Submissions and Private Messages.
- By using the App, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the User or other third party who caused you harm. We encourage you to communicate directly with the relevant User on the App regarding any communications or arrangements made between you and to resolve any dispute between you.
- The User agrees to take all necessary precautions in any interaction with other Users. Any communication or interaction between you and another User either via or outside of the App (including but not limited to meeting such User in person whether or not at a particular venue, providing money to such User or exchanging personal information with such User) is conducted at your own risk.
- We take the safety of our Users very seriously. When interacting with another User, we recommend that you exercise your discretion and judgment, remain cautious and do not disclose your personal and/or financial information to them. If you are meeting a User in person, we recommend that you do the following, as a minimum:
- conduct your own background research in respect of that User;
- meet in an open, public place;
- provide a friend or family member with full details of your meeting arrangements;
- bring at least one other adult with you to the meeting;
- do not drink alcohol before or during the meeting;
- arrange your own transport to and from the meeting and do not accept the other User’s transport arrangements.
- Limitation of Liability
- As a condition of using the App, and in consideration of the App provided by us, we exclude and you agree to the fullest extent allowable under applicable law, in no event shall Amikumu and its parent or related bodies corporate (i) be liable to the User or any third party with respect to use of the App, including without limitation participation in online payment; and (ii) be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of User Information, the inability to use the App or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
- the use of the App by you, including but not limited to damages resulting from or arising from your reliance on the App, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the App;
- any unauthorised access to or use of our secure servers and /or any personal information or financial information stored therein;
- any errors or omissions in any Content posted, emailed, transmitted or otherwise made available or any offensive , defamatory or illegal Content;
- the disclosure of any of your information;
- the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
- Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
- To the fullest extent allowable under applicable law, the User’s sole remedy is to cease use of the App or to cease participation in online payment.
- To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of Amikumu and its parent or other affiliated companies to a User, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the App, is the amount that the User pays, if any, to Amikumu for access to or use of the App during the six months period immediately prior to the event giving rise to such liability or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
- The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Amikumu.
- By using the App, you agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the App; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
- We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and your use of the App. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- Amendments: Amikumu reserves the right to amend, change or modify these Terms or any other Amikumu Policies related to use of the App at any time and at its sole discretion by posting revisions on the Website. Continued use of the App following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use our App.
- Governing Law and Jurisdiction: This App is governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
- Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
- Disputes: You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
- Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
- Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
For any questions or notice, please contact us at:
R Delamore & C Smith (ABN 82 502 109 138) t/a Amikumu
Unit 4, 635 – 637 Princes Highway
Rockdale NSW 2216
Email: [email protected]