Terms and Conditions

Bsociable App

Terms and Conditions

This mobile application BSOCIABLE (“APP”) is owned and operated by Moneymesh Pty Ltd ABN 26 142 101 773 trading as ‘Bsociable’ of 63 Wigram Street, Harris Park NSW 2150 (“we”, “our” or “us”) for the benefit of individuals interested in Bsociable services.

These terms and conditions (“Terms of Use”) apply to your subscription for a non-exclusive, non-transferable, non-sub-licensable licence to access and use the APP and by downloading or using the APP you agree to be bound by these Terms of Use.  The subscription and licence for the use of the APP is further subject to the general Terms and Conditions of our websitewww.bsociable.com save as specifically modified or changed by these Terms of Use.  Should you not agree to any of these terms and conditions, you must immediately uninstall the APP and discontinue its use.

Please read these Terms of Use prior to using the APP and/or using our service.   If you do not agree to these Terms of Use, you should not obtain or use information, services or products from this APP.

The licence granted to you for the access to and use of the APP will continue while your subscription for the APP remains current and paid up in full (where payment is required for the relevant subscription).

Age Restriction

Only individuals thirteen (13) years of age or older may use the APP.  Users between the ages of thirteen (13) and eighteen (18) must review these Terms of Use with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms of Use.  Should the user’s parent or legal guardian not acknowledge and agree to these Terms of Use, you must immediately uninstall the APP and discontinue its use.

Liability

To the extent permitted by law

  1. Your use of the APP is at your sole risk.  The APP is provided on an “as is” and “as available” basis.  We make no warranty (express of implied, except as may be implied by statute and incapable of exclusion), and disclaim all responsibility and liability, for the availability, timeliness, security, and reliability of the APP and any related software or application, or other products, services, information associated with or obtained through the APP.

  2. We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other information maintained or transmitted by the APP.

  3. We are not responsible for the accuracy or reliability of any information, service or advice transmitted through the APP.  We may, at any time, limit or discontinue your access to the APP.

  4. You are responsible for ensuring that the APP is updated regularly to the latest available version.

  5. Our liability is limited, at our option, to:

    1. in relation to goods:

      1. the replacement of the goods or the supply of equivalent goods;

      2. the repair of the goods;

      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

      4. the payment of the cost of having the goods repaired.

    2. In relation to services:

      1. the supply of service again; or

      2. the payment of the cost of having the services supplied again.

  6. All other warranties whether implied or otherwise, not set out in these Terms of Use are excluded and we are not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

    1. any increased costs or expenses;

    2. any loss of profit, revenue, business, contracts or anticipated savings;

    3. any loss or expense resulting from a claim by a third party; or

    4. any special, indirect or consequential loss or damage of any nature whatsoever caused by our failure to complete or delay in providing any services or goods.

  7. We are not responsible and accept no liability for any loss or damage arising from the APP’s failures or downtime.

Access

You acknowledge that

  1. The user credentials provided for access to the APP are for your personal use only and are not to be shared with any other person or entity.

  2. We will, upon any breach or attempted breach of these Terms of Use, immediately cancel your access to the APP without notice and without refund for any portion of subscriptions paid (if any).

  3. Should any device that has been loaded with the APP be lost or stolen it is your responsibility to log on to the APP from a replacement device and register that device as the device for the APP. You will be responsible for any loss or damage that occurs until you have done so.

Use of data

You will not

  1. Access or permit anyone to access the APP for any malicious reason, in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms of Use.

  2. Allow any attempt to deface, degrade or otherwise damage photographs, identification details or other personal information available through the APP

  3. Download, copy or store images by any means of any of the data or photographs available through the APP and you will not allow your credentials to be stored in a way that could enable access by any other person or entity to the APP.

  1. Share data, information or photographs with any person who is not also bound by these Terms of Use.

Wi-Fi Connectivity

The APP will require an active internet connection.  The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the APP not working if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the APP outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply.  As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the APP, or other third party charges.  In using the APP,  you’re accepting responsibility for any such charges, including roaming data charges if you use the APP outside of your home territory (i.e. region or country) without turning off data roaming.  If you are not the bill payer for the device on which you’re using the APP, please be aware that we assume that you have received permission from the bill payer for using the APP.

Third Party Links, Websites and Features

There may be links from the APP, or from communications you receive from the APP, to third party websites or features. There may also be links to third party websites or features in images or comments within the APP. The APP may also include third party content that we do not control, maintain or endorse. Functionality on the APP may also permit interactions between the APP and a third party web site or feature, including applications that connect the APP or your profile on the APP with a third party website or feature. We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that we are in no way responsible or liable for any such third party services or features. Your dealings with third parties found through the APP are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the APP or your profile on the APP with a third party service and such third party service may interact with, connect to or gather and/or pull information from and to your APP profile. By using such third party service, you acknowledge and agree that your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to the third party service.

Trademark

Our logos (whether registered or otherwise) and any other affiliated logos owned by us may not be used without our specific, prior, written consent.

Copyright and Intellectual Property

Copyright in the content on the APP is our property or owned by other third parties who have granted licence/s to us.  Material on the APP may be viewed for your personal reference only.  Unless otherwise permitted by law or by these Terms of Use, the material and information on the APP may not otherwise be reproduced or displayed and may not be distributed to any person or incorporated into any other mobile application or website or materials without our prior written approval. 

Intellectual property rights for software, scripts, programming code, animation, information, material and processes used in the APP are our sole property including without limitation, all copyrights and other proprietary rights inherent therein. 

You are not allowed to attempt to extract the source code of the APP, and you also should not try to translate the APP into other languages, or make derivative versions. You must not do anything which interferes with or breaches any laws or these intellectual property rights in the APP or any of its components.

When entering a phone number, email address or any other information in connection with the APP, you represent and warrant to us that you are permitted to provide us with this information. Further, you acknowledge and agree that the service may communicate with your mobile device via email and/or text messages and that standard messaging or data rates may apply in connection with such communication. You may notify us at any time that you no longer wish to receive any such communication by email: info@bsociable.com.

Security Risk

Third parties may intercept or modify transmissions to and from the APP and it is possible that mobile and computer viruses or other defects may be contained in files obtained from or through the APP. We are not liable for any damage that may be a result of your use of the APP or of any linked mobile applications or websites.

Privacy Policy

In providing the services and when you register to create an account with us, we’ll collect certain information that can be used to identify or recognize you, your location, your Internet Protocol (IP) address, messages sent to other users and various other information (some of which are set out in more detail below). All personal information obtained by using the APP is governed by our Privacy Policy.  By using the APP you agree with our Privacy Policy www.bsociable.com/privacy. If you do not agree to our Privacy Policy, you should not provide your personal information to us.

Upon accepting these Terms of Use and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you of other products and services, which may interest you and for research purposes. You may notify us at any time that you no longer wish to receive any direct marketing by email: unsubscribe@bsociable.com

Push and email notifications

As part of installation of the APP on your mobile device, the APP will ask if you would like it to send you “Push Notifications”, which may include alerts, badges, banners and sounds, on your mobile device. If you choose to allow Push Notifications then the APP will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications.

You agree to us sending to you communications via email (“Email Notifications”). You acknowledge and agree that receipt of Email Notifications is dependent on the operation of your mobile device provider and the service of the mobile device provider. We will not be responsible or liable for any costs or damages incurred by you not receiving Email Notifications or by the insufficient operation of your mobile device, mobile network and mobile phone company. 

Prohibited Uses

Use of the APP is limited to the contemplated functionality.  The APP shall not be used in any way that:

  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

  2. is unlawful, fraudulent, or deceptive;

  3. uses technology or other means to access unauthorized content or non-public spaces;

  4. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;

  5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  6. attempts to damage, disable, overburden, or impair our servers or networks;

  7. attempts to gain unauthorized access to our computer network;

  8. attempts to gain unauthorized access to our user accounts;

  9. encourages conduct that would constitute a criminal offense, or give rise to civil liability;

  10. violates these Terms of Use in any manner; or

  11. fails to comply with applicable third-party terms and conditions or other third-party policies.

We reserve the right, in our sole discretion, to terminate your use of the APP, remove content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to content or use of the APP,  that we reasonably believe is or might be in violation of these Terms of Use.

Indemnity

To the full extent permitted by law, you agree to indemnify us and keep us indemnified from and against any liability and any loss or damage we may sustain, as a result of any breach, act or omission, arising directly or indirectly in relation to these Terms of Use by you or your representatives.

General

No waiver of any of these terms and conditions or failure to exercise a right or remedy by us will be considered to imply or constitute a further waiver by us of the same or any other term, condition, right or remedy.

We reserve the right to anonymously track and report, to our third party statistical service providers or for research purposes, your activity in the APP. 

We reserve the right to cease operating, cancel or suspend your use of the APP at any time, without notice and to terminate these Terms of Use for any reason.

On termination for any reason, you must immediately delete or remove the APP from any and all mobile devices, and immediately destroy all copies of the APP in your possession or control and certify, if we so request, confirmation that you have destroyed the copies of the APP.

We reserve the right to amend, modify, add, delete and make corrections to the APP, any of the Terms of Use and Privacy Policy at any time.  It is your responsibility to ensure that you are aware of any changes to the Terms of Use each time you use the APP.

These Terms of Use are governed by the laws of New South Wales, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.

The information provided within the APP, and the APP itself, is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the APP, any portion of the APP or any information provided within the APP, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

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