Terms of Service
Effective August 8th 2011
General
These terms and conditions apply to your use of the Roamz website located at www.roamz.com.au and the Roamz mobile phone application (“Roamz platform”). By using the Roamz Platform you accept these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Roamz platform.
We may revise these terms and conditions from time to time by updating them on the Roamz website. The revised terms and conditions will take effect when they are posted. If the terms and conditions as so revised are unacceptable to you, you must stop using the Roamz website and mobile phone application.
Definitions
In these terms and conditions:
“Roamz” means Online Media Holdings Pty Limited ACN 147 652 337 of Level 17, 100 Arthur St, North Sydney, New South Wales.
“we” or “us” means Roamz.
“content” means material and information (including without limitation text, images, audio material, video material and audio-visual material) that is submitted to or uploaded onto, or otherwise on, the Roamz platform.
“user content” means all content submitted to or uploaded by you or on your behalf to the Roamz platform.
Conditions of Acceptable Use
All content that is posted on the Roamz platform is made publicly available online. As such, by uploading content onto the Roamz platform you acknowledge that all of this content will be made publicly available (including but not limited to your display name, display picture (or avatar), comments, likes and dislikes relating to a place or user content, videos and images.
In using the Roamz platform you must not: (a) violate any applicable laws; (b) impersonate any person; (c) post any material or content that: (i) infringes the intellectual property rights of any third party or post any material or content that you do not have the right to post; (ii) is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, obscene or otherwise objectionable to any other person or entity; (iii) contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email; (d) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; (e) collect or store personal data about other users of the Roamz platform; (f) engage in any other conduct that inhibits any other person from using or enjoying the Roamz platform or (g) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Roamz platform.
User Content
You grant to Roamz a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Roamz the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be capable of giving rise to legal action whether against you or Roamz or a third party (in each case under any applicable law). You warrant that all user content is owned by you when uploaded or posted to the Roamz platform and that your uploading or posting of the user content and the licensing or provision of that user content to us (including us exercising the rights granted to us) does not and will not infringe the rights of any third party, including the infringement of any third party’s intellectual property rights or rights of confidentiality or privacy. You agree to pay any royalties, fees, or other monies owing to any person as a result of you uploading or posting user content on the Roamz platform or you licensing or providing that user content to us.
You must not upload or submit any user content to the Roamz platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Roamz may, in its discretion, and without any liability to you or any third party: (a) remove any or all user content; (b) block a user’s access to the Roamz platform; (c) cancel or suspend any user account; (d) edit or remove any content that it considers illegal, offensive or otherwise inappropriate in any way; or (e) report any content and user account details to appropriate governmental and law enforcement authorities.
Notwithstanding Roamz’s rights under these terms and conditions, Roamz does not undertake to monitor the submission of content to, or the publication of content on, the Roamz platform.
Age of users
The Roamz product is not intended for children under the age of 18. By using this website and agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
If you become aware that a user is under the age of 18 and has supplied Roamz with false information in order to create an account please notify us at support [at] roamz.com and we will begin the process of investigating the claim. If the user is found to be under the age of 18 their account may be terminated along with any user content.
Registration
You may be required to register with Roamz in order to make use of certain features of the Roamz platform. Where you are required to register: (a) you must provide us with accurate, complete and current registration information; (b) you must safeguard any user name and password which we provide to you; (c) you authorize us to assume that any person using the Roamz platform with your user name and/or password is either you or is authorized to act for you; (d) where your user name and/or password is specific to you, you must not allow anyone else to use your user name and/or password; (e) you agree to immediately notify us of any unauthorized use of your user name and/or password or any breach of security of which you become aware; (f) you may cancel your registration at any time by notifying us; and (g) we reserve the right to discontinue or cancel your registration in our sole and absolute discretion without notice to you if you do not use the Roamz platform for an extended period of time, if you breach any of these terms and conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party, or as we otherwise think fit.
If you chose to cancel your account or if your account is otherwise terminated by us, all of your user content may remain on the Roamz platform even after your account has been cancelled.
Warranty Disclaimer
The Roamz platform is provided “as is” without any representations or warranties, express or implied. Roamz excludes all representations and warranties to the full extent permissible under applicable law. Roamz makes no representations or warranties in relation to the Roamz platform or the content, information and materials on the Roamz platform. Roamz does not warrant that the Roamz platform will be constantly available or available at all. Roamz does not warrant that the content on the Roamz platform is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the Roamz platform at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. Roamz does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Roamz platform or the server that operates the Roamz platform is free of viruses or other harmful components.
ROAMZ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ROAMZ PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ROAMZ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ROAMZ PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ROAMZ PLATFORM, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRAMSMITTED, POSTED, EMAILED, OR OTHERWISE MADE AVAILABLE VIA THE ROAMZ PLATFORME. ROAMZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE ROAMZ PLATFORM, AND ROAMZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Roamz and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: (a) the re-supply of services or payment of the cost of re-supply of services; or (b) the replacement or repair of goods or payment of the cost of replacement or repair.
Roamz, and its officers, employees and agents will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss or damage arising out of or relating to your access to, or use of, or inability to use the Roamz Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.
Without limiting the above, IN NO EVENT SHALL ROAMZ, ITS OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY loss or damage WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ROAMZ PLATFORM; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF SERVICE OR TRANSMISSION TO OR FROM THE ROAMZ PLATFORM, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE ROAMZ PLATFORM, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT TRANSMITTED, POSTED, EMAILED, OR OTHERWISE MADE AVAILABLE VIA THE ROAMZ platform, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Indemnity
You agree to defend, indemnify and hold harmless Roamz, its officers, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising out of or in connection with your use of the Roamz platform, or your breach of any of these terms and conditions.
Links and Third Parties
The Roamz platform may include advertisements, hyperlinks and pointers to web sites operated by third parties. We have not reviewed all of these websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to the Roamz platform (including without limitation websites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on these websites are solely between you and such advertisers.
This application uses the foursquare® application programming interface but is not endorsed or certified by Foursquare Labs, Inc. All of the foursquare® logos (including all badges) and trademarks displayed on this application are the property of Foursquare Labs, Inc.
This product uses the Instagram API but is not endorsed or certified by Instagram.
Our Proprietary Rights and Intellectual Property
“Roamz” is the registered trademarks of Roamz. Other product and company names referred to on the Roamz platform may be the trademarks of their respective owners. You must not use our trademarks or registered trademarks in connection with any product or service that is not offered by us, nor in any manner that may reflect negatively on us, our name or reputation or the Roamz Platform.
Privacy Policy
In using the Roamz application, you may give us personal information in which you have certain rights. By using the Roamz application, you grant us consent to use your personal information in accordance with our privacy policy and you acknowledge that this forms part of these terms and conditions. Please click on this link to view our privacy policy.
General
(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. (b) These terms and conditions are governed by the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia. (c) These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Roamz Platform and the Service. (d) Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices. (e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.
Contact information
For any questions relating to our Terms of Service please email us at:
support [at] roamz.com