Terms & Conditions
We may change all or part of the Terms and Conditions of Use at any time. Your continued use of the product will constitute your acceptance of any changes. If you object to any changes to the Terms and Conditions of Use, your only remedy is to immediately discontinue your use of the product.
It would be prudent for you to visit this page from time to time to acquaint yourself with any changes in the Terms and Conditions of Use which have occurred since you joined the site or last visited this page.
Please read these Terms and Conditions of Use carefully.
Dated: 10 June 2021
- Membership and Eligibility
- Subscription Rates, GST for Australian Residents, Auto-Renewal, Billing Disputes, Refunds, Apple and Google Refunds and Termination
- Apple and Google Mobile Apps
- Third-Party Websites, Advertising and Other Activities
- Facebook Connect, Google and Other Social Media
- Digital Rights Management, Copyright and Passing Off
- End-user License Agreement
- Disputes between Registered Users and Members
- Sexual Content and Safety
- Offensive and Prohibited Content or Behaviour
- Identity Theft and Revenge Content
- Class-Action Waiver
‘Us, we or our’ our’ – means Froot Digital Pty Ltd, its directors, officers, employees, contractors and the brands, applications and websites which make up the ‘Product’.
Contact details: Email: email@example.com
FROOT Digital Pty Ltd
PO Box 285
Subiaco WA 6904
‘The product’ – means the Application you are using.
‘You or your’ – means you or your and refers to your use of the product as a;
- Casual User of the product, who has gained access to the product without logging in using a username and password chosen by you. Casual users access the product without payment or cost (other than bandwidth and connectivity costs which may be payable to third-parties); or,
- Registered User (also known as a guest) who has registered with an entity which forms part of the product and who has created a username and password for use on the site to which you have registered. Registered Users use the portion of the product, to which they have registered without payment or cost (other than bandwidth and connectivity costs which may be payable to third-parties); or,
- Member who has registered with an entity which forms part of the product and who has created a username and password. Members have paid for a membership which entitles them to the level of service commensurate with the level of membership purchased. Members may additionally be liable to third-parties for costs associated with bandwidth and connectivity.
‘Membership Level’ – Websites and applications belonging to the product offer you different tiers of membership. These tiers offer different levels of functionality which are commensurate with the cost of the membership.
‘Revenge Content’ – is sexually explicit media, and identifying media, distributed without the consent of the individual(s) involved. It is published to hurt, humiliate, vilify or embarrass the person depicted or identified. It can take the form of a digital image, photograph, video, description, a person’s contact details or any combination there too.
MEMBERSHIP AND ELIGIBILITY
By using or viewing any part of the Product, you represent and warrant that:
- You are at least 18 years of age (or higher age as determined by the age of majority in the country in which you are accessing the product); and,
- It is lawful for you to view adult content of the type provided by the product where you are; and,
- You wish to participate in the online community provided by the product in a manner that is consistent with the goals and values of the product, which respects an individual’s right of self-determination in matters of a sexual nature; and,
- You will not breach any of the laws of Western Australia (or those of the country in which you are accessing the product) whilst accessing the product; and,
- You will not allow any minors (those under the age of 18, or under the age of majority prescribed by the law in the country in which are accessing the product, if the relevant age is above the age of 18) to access the the product and will take all reasonable steps to ensure that minors who have access to your Internet available computer or, are not able to access the product; and,
- You have never been convicted of a violent or sexually related criminal offence; and,
- You are not registered or required to register as a sex offender with any government entity or agency.
You must refrain from creating false or ‘bogus’ profiles that do not accurately describe you, your gender, your relationship status, sexual orientation or any combination thereof. In addition you must not sell, license or transfer access to your account.
We may at any time request a form of identification to verify your identity.
You must ensure the security and confidentiality of your username and password. You are wholly responsible for all activities relating to the profile (relating to the username and password chosen by you) you have created either as a registered user or as a member of the product, including the unauthorised use of your credit card.
You must notify us immediately if you become aware of any unauthorised use of the identity you have created either as a registered user or as a member of the product.
You must not permit the profile (relating to the username and password chosen by you) you have created either as a registered user or as a member of the product to be used by or transferred to any other person, couple or group.
If we believe you have breached these membership and eligibility criteria, or if we believe you are no longer an active registered user, or member of the product, we reserve the right, in our sole discretion, to suspend or terminate your membership and access to all or part of the product.
SUBSCRIPTION RATES, GST FOR AUSTRALIAN RESIDENTS, AUTO-RENEWAL, BILLING DISPUTES, REFUNDS, APPLE AND GOOGLE REFUNDS AND TERMINATION
Online Purchases Through the product
Subscription rates may change from time to time. Your current subscription will not be affected by any fee rises until your next renewal.
Otherwise, any changes to subscription rates are effective upon them being posted on the product.
Charges relating to the purchase, by Australian residents, of your membership are stated as being inclusive of GST. We will issue you with a tax invoice which sets out the amount of GST paid by you. GST means the Australian goods and services tax charged under the Goods and Services Tax Act 1999 (Commonwealth).
If you pay for your membership by credit card then, for your convenience, we have set your auto-renewal to ON. This means that upon the expiry of your initial period of membership, your membership will automatically be renewed at a discounted monthly cost at the same membership level as your initial membership. Your credit card will automatically be debited the appropriate fee. Your membership will continue to be renewed in this manner until you turn your auto-renewal feature off. The auto-renewal feature can be switched off in the settings area of the website you are using or through your settings in the Apple App Store or the Google Play Store.
In the event you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit company. You must contact us by email firstname.lastname@example.org. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner, with the minimum of inconvenience to you.
All disputes must be raised within three (3) months of the disputed transaction occurring. You waive your rights to seek reimbursement for disputes arising outside of this period.
You may terminate your membership at any time.
If you request an early termination of your membership, you will not be entitled to any refund of any unused subscription fees.
Any or all features published as being available for any particular membership subscription level should be regarded as individual features and the removal or substitution of an individual feature does not amount to a change of your membership level.
You are not entitled to seek a refund or compensation in the event individual features of any particular membership level become unavailable to you because of upgrades or changes to the product, or because of technical difficulties or your inability to access individual features, through no fault of our own.
We do not issue refunds unless there are extenuating and compelling circumstances which we feel, at our absolute discretion, warrant a refund. We do not guarantee any particular results when using the product and will not consider giving a refund as a consequence of dissatisfaction with the product or buyer’s remorse.
If we agree to provide you with a refund it will only be for the whole or a portion of the most recent payment you made to us. The granting of a refund will result in an immediate cancellation of the service we provide to you. You will no longer have access to the services we formerly provided to you.
APPLE AND GOOGLE MOBILE APPS
The product is, in part, made available to you through Apple iOS applications and Google Play Android applications.
Please note that when you purchase a membership for an application which forms part of the the product through the Apple iOS App Store or Google Play all financial interactions relating to your membership are between you and Apple or you and Google.
The Apple iOS App Store and Google Play, may by default set up and auto-renewal feature meaning that at the expiration of your membership period, Apple or Google will automatically renew your membership for a further period, at the same membership level and for the same duration as your existing membership.
In order to avoid the automatic renewal of your membership by Apple or Google, you need to turn off the auto-renewal feature in your Apple or Google account.
Also, please note that Apple’s iTunes service, its App Store, its developer policies and Google Play, prohibit us from refunding you any sum paid to Apple or Google when making an in-app-purchase for a membership through any of the applications which form part of the product. If you seek a refund of an in-app-purchase you must contact Apple or Google directly.
Your Right to Use Our Apple and Google Apps
You may download any of the product applications or software that allows you to access our product. We grant you a nonexclusive, non-transferable, revocable license to use, for non-commercial purposes, one (1) copy of the App on a single device that you own or control for use in connection with your product account. The product App includes all upgrades, modifications, functionality and enhancements thereof, as well as any related files and materials furnished or available in connection with the App. We do not warrant that the App will function properly on your device or is otherwise compatible with it.
You are prohibited from making any copies of the product App or modifying, disassembling, decompiling, or reverse engineering the product App, subject only to applicable law. Further, you may not lease, sublicense or otherwise transfer or distribute the product App to any third-party. You will not manipulate in any manner any of the security features available on the product App, including without limitation, protections intended to prevent copying or manipulating of any of the content, advertising or features of the the App, including any third-party software. We may automatically upgrade the App on your device. If there is any third-party software or other intellectual property embodied in the product App, such material is subject to the rights, title and interest of such third-parties and any unauthorised use or copying is prohibited and subject to the terms of the respective third-party’s end user license agreement. We reserve all rights not granted in these Terms and Conditions of Use.
Third-party Applications and Software.
Apple Mobile Software Terms and Conditions and Google Play Terms and Conditions.
If you download the product App and any associated mobile software from Apple’s iTunes Store or App Store, or through Google Play (collectively known as the “App Store Version”), you agree as follows:
This Agreement is between you and us, and not Apple or Google. As such Apple and Google have no responsibility for the App Store Version and the content thereof. Apple or Google has no obligation to maintain or provide support services for the App Store Version. If the App Store Version does not comply with any applicable warranty described in these Terms and Conditions of Use, you may notify Apple or Google and Apple all Google may refund the purchase price (if any) to you to the maximum extent permitted by applicable law. Apple and Google will have no other warranty obligation whatsoever with respect to the App Store Version. You agree to comply with the App Store, or iTunes Store Terms of Service or the Google Play Terms of Service. You understand that we and not Apple or Google are responsible for addressing any claims in connection with the App Store Version. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to warranty (if any) will be governed by these Terms and Conditions of Use. You agree that we and not Apple or Google are responsible for addressing your or any third-party claims relating to the App Store Version including but not limited to; product liability claims;
- any claim that the App Store Version fails to conform to any applicable legal or regulatory requirement; and,
- claims arising under consumer protection or similar legislation.
All such claims will be governed by these Terms and Conditions of Use and any laws or regulations applicable to the product.
In the event of any third-party claim that the App Store Version, or your possession and use of the App Store Version, infringes a third-party‘s intellectual property rights, we and not Apple or Google will be solely responsible for the investigation, defence, settlement and discharge of any claim.
You agree that notwithstanding anything contained in these Terms and Conditions of Use to the contrary, Apple, Google and their subsidiaries are third-party beneficiaries of these Terms and Conditions of Use and that they will have the right to enforce these Terms and Conditions of Use as it applies to the App Store Version against you as a third-party beneficiary.
THIRD-PARTY WEBSITES, ADVERTISING AND OTHER ACTIVITIES
We adhere to the principles of the ‘Best Practice Guideline for Online Behavioural Advertising (March 2011)’ published by the Australian Association of National Advertisers. These are the same principles adopted by many leading online organisations, including the Australian Interactive Media Industry Association, the Communications Council, the Internet Industry Association, Ten, Nine MSN, Yahoo! Seven, Google and Microsoft.
We may feature or display links and pointers to websites operated by third-parties on the product. These websites do not form part of the product and are not under our control. We do not accept any responsibility in connection with these websites. If you link to one of these websites you leave the product entirely at your own risk.
You must not link to the product from any other website, or authorise any other person to link from a third-party website to the product, without our prior written consent.
the product may feature or display third-party advertising. By featuring this advertising, we do not in any way represent that we recommend, endorse or support the relevant advertiser, its products or services.
If you contact a third-party using functionality provided on the product, including via email or messaging service, we do not accept any responsibility for any communications or transactions that occur between you and the relevant third-party
On occasion we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted off-line and may be conducted by us or by third-parties. You may participate in any such activities but in doing so you will be acting entirely at your own risk. We do not accept any responsibility in connection with your participation in these activities whether conducted by us or by third-parties.
FACEBOOK CONNECT, GOOGLE AND OTHER SOCIAL MEDIA
Facebook allows its users to ‘connect’ their Facebook identity, friends and, privacy settings to third-party content providers through its Facebook Connect feature.
The product is a third-party content provider which uses Facebook Connect to allow our registered users and members to interact with the product whilst using some of the features of Facebook.
We hope that using Facebook Connect will enrich the time you spend with us on the product.
We provide the mechanism and technology which enables you to use Facebook Connect and the product with a minimum of fuss and a maximum of ease.
Facebook Connect enables you to;
- Authenticate and connect your Facebook identity into the product in a trusted manner. You have total control over the permissions you grant using Facebook Connect.
- Bring your identity from Facebook into the product. This means you can elect to import your basic profile information, profile picture, name, friends, photos, events, groups and more into the product.
- Have access to your Facebook friends who are also members of the product.
- Have dynamic privacy; meaning that the privacy settings you have set on Facebook follow you into the product.
In consideration for making Facebook Connect available to you, you allow us to access and use your personal information stored on Facebook, to;
- Provide you with an enhanced level of service.
- Improve the quality of our offerings across the product.
- Collect, store and use the information we have collected from your Facebook identity, for our reasonable purposes.
- Market our offerings, across the product, to you and your Facebook friends.
- Enhance the manner in which we market our offerings, across the product, to you and your Facebook friends.
- Link to our social media offerings, including to our Facebook page.
At Any Time You Can Deactivate Your productAccount and/or De-Link Your Account from Facebook.
To disconnect your product account from Facebook go to facebook.com and log into your account. Then go to https://www.facebook.com/bookmarks/apps. Click on ‘apps’ and remove the relevant product app you would like to delete by hovering over its name and clicking the ‘remove’ or ‘x’ button. After doing this you will no longer be able to log into the product on Facebook unless re-enable the relevant product App.
To deactivate your product account, log on to the portion of the product you wish to unsubscribe from, click on “Profile”, then click on “Account Settings” click the “Deactivate” button and enter your registered email address. Your account will then be deactivated.
You should understand that deactivated accounts are not deleted but rather “hidden” and may persist in our systems for our business purposes. However, your account information will no longer be accessible to the public unless and until you reactivate your account by logging back in to the relevant portion of the product. You may request that all user submitted personal information (other than your email address) is deleted from our data base by emailing email@example.com with your specific request.
Other social media providers including Google allow similar functionality to that of Facebook Connect. We provide connectivity to that functionality on the same basis and terms as we provide Facebook interoperability.
Please note we are not liable for your use of Facebook Connect or any Google supplied functionality. Facebook connect and any Google functionality are the products of Facebook and Google. We provide access to Facebook Connect and any Google functionality on an ‘as is’ and ‘as available’ basis and do not represent any particular level of service associated with either product. In particular, we do not warrant that either Facebook Connect or any Google functionality is fit for any particular purpose, or that it is of merchantable quality. You use Facebook Connect or any Google supplied functionality at your own risk and under the terms and conditions of use set out by Facebook and Google.
Likewise, we are not responsible for, and are not liable for, any loss associated with your use of either Facebook Connect or any Google functionality, whether or not linked in any way to the product.
You should be aware that Facebook and Google may change the functionality of their products, their terms and conditions of use and for any other conditions, without notice.
DIGITAL RIGHTS MANAGEMENT, COPYRIGHT AND PASSING OFF
The rights of others
We respect the digital rights, copyright and the intellectual property of others.
If you believe your digital rights, copyright or intellectual property is being infringed on the product then please contact us firstname.lastname@example.org and supply us with the details of your digital rights, copyright or intellectual property and the manner in which you believe rights have been infringed. We will investigate the matter and, if appropriate, take the necessary steps to remove the offending material.
If you wish to send us a copyright infringement notification, you will need to identify the material(s) you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed and identify how each copyright protected work has been or is being infringed. You will need to sign the notice and send it to us email@example.com. You will also need to provide us with your contact details.
Froot Digital Pty Ltd owns and retains proprietary rights in the product. In addition, the product contains databases, copyrighted material, trademarks and other intellectual property belonging to Froot Digital Pty Ltd.
You do not not have any right, title or interest in or to any proprietary rights belonging to the product.
You may not copy, modify, publish, transmit, distribute, perform, display, link to, frame, pass off or sell any such intellectual property without the prior written consent of Froot Digital Pty Ltd.
Your content and ideas
From time to time casual users, registered users and members make unsolicited suggestions as to how we can improve aspects of the product. On occasion we adopt those unsolicited suggestions and use them on the product. In consideration for allowing you to access and use the product, you automatically grant us an irrevocable, perpetual, non-exclusive, worldwide license to use the suggestion (or derivation) without cost, royalty or charge.
As a casual user, registered user or member you may from time to time post content on the product. The content can take any form, including, but not limited to; photographs, drawings, illustrations, graphics, text, stories, postings, audio recordings and video recordings, or any combination of these or other material. In consideration for allowing you to access and use the product and permitting you to post content to the product, you automatically grant (and represent and warrant that you have the right to grant to Froot Digital Pty Ltd) an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, reproduce, add, exploit, display, and/or distribute any content originally or subsequently posted by you in any public area of the product and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorise sublicenses of the content, without cost, royalty or charge. Furthermore, you unconditionally waive all moral rights, as defined by the Copyright Act 1968 (Commonwealth), which you may have in respect of the content you have posted on the product.
Froot Digital Pty Ltd expressly reserves the right to sub-contract, assign or sell all or any rights or duties under these Terms and Conditions of Use to any third-party and, in such case, Froot Digital Pty Ltd shall be relieved of any and all liability under these Terms and Conditions of Use and any additional terms, conditions, notices and disclaimers displayed elsewhere on the product.
Froot Digital Pty Ltd will not sub-contract, sell or assign any or all of its rights and obligations under these Terms and Conditions of Use, to a third-party in such a way as to reduce any guarantees you are given under these Terms and Conditions of Use.
END USER LICENSE AGREEMENT
Members of the product purchase a licence to use advanced features of the product. The features available to the member are commensurate with the level of membership purchased by the member. These features are made available to you through the websites and applications which form the product.
The licence is current, during ‘good behaviour’ and whilst the member’s membership’s is current and the subscription fees have been paid. The licence to use these advanced features can be revoked at any time by Froot Digital Pty Ltd, either permanently or for a finite period if the member breaches the law, breaches any of these Terms and Conditions of Use or, at the absolute discretion of the product, in circumstances when we view the member’s use of any of the advanced features as not being within the spirit of the product.
No casual user, registered user or member has a right to access, copy or interfere with the data (including that which is contained in databases) code, or other information contained within those data servers for any reason or use whatsoever.
DISPUTES BETWEEN REGISTERED USERS AND MEMBERS
Digital Pty Ltd reserves the right, but not the obligation, to monitor any dispute between you and (an)other registered user(s) or member(s).
In the event a registered user or member has breached these Terms and Conditions of Use, we have the right, but not the obligation, to take action against the registered user or member in breach. This action may include;
- Giving the registered user or member a warning to refrain from actions which amount to a breach of these Terms and Conditions of Use.
- Suspending the registered user or member from accessing the product for a finite period.
- Terminating the registered user’s or member’s access to the product.
Our failure to act with respect to a breach of these Terms and Conditions of Use, by you or others, does not constitute a waiver of our right to act with respect to subsequent or similar breaches, or to take into account that earlier breach when considering what action to take in relation to a subsequent or similar breach of these Terms and Conditions of Use.
In the event you have a dispute with one or more registered users or members, you agree to release Froot Digital Pty Ltd, from all claims, demands and damages of any kind and nature arising out of or in any way connected with your dispute with other registered users or members and to indemnify us for all reasonable costs incurred by us relating to the dispute, including legal fees.
SEXUAL CONTENT AND SAFETY
Registered users and members of the product are prohibited from posting sexual content, including nudity, pornography, or any content or services intended to be sexually gratifying or that appear to promote a sexual act in exchange for compensation.
Registered users and members of the product may create profiles and content. The product does not guarantee, warrant or in any way accept liability for the veracity of any content, including user profiles, posted by any of its registered users or members. Material posted by registered users and members of the product may be offensive, harmful, inaccurate, dishonest, misleading or deceptive.
Please use caution and common sense when assessing profiles generated by registered users or members or any subsequent communications you may have with other registered users or members on the product.
In particular, please have regard to your personal safety when considering meeting people in-person, who you have had contact with through the product. You are solely responsible for your interactions with other users, registered users and members and should proceed with your personal safety foremost in your mind.
OFFENSIVE AND PROHIBITED CONTENT OR BEHAVIOUR
You agree to:
- Refrain from posting any of your, or anyone else’s, contact details including e-mail addresses, telephone numbers, message services or other forms of contact details in your profile or in any posts you make on the site.
- Refrain from obtaining or attempting to obtain the password, account information or other private information of any other registered user or member of the product.
- Refrain from posting any form of illegal content, including descriptions or representations of child pornography, acts involving bestiality or drug use.
- Refrain from making any defamatory, libellous, slanderous, racist, bigoted, threatening or abusive comment or posting such content on the the product in any postings, in chat room discussions, in emails or in any messaging features provided by us.
- Refrain from harassing other casual users, registered users and members of the product and restricting or inhibiting their enjoyment of the product with spam, junk mail, chain letters, vulgar language, hitting the return key repeatedly whilst in a chat environment, inputting excessively large images in chat room discussions causing other users screens to move too quickly to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users or flooding (continuous posting of repetitive text).
- Refrain from sending unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes to any other casual users, registered users or members of the product
- Refrain from sending unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes to any other casual users, registered users or members of the product.
- Refrain from publishing, transmitting for distributing material subject to copyright, trademark, patent, trade secret onto or through the product without the express permission to do so from the owner of the material.
- Refrain from improperly using support buttons or making false reports to us.
- Refrain from promoting other internet sites or businesses on the product, through any e-mails, postings or messages sent through product.
- Refrain from advertising or soliciting the sale or purchase of any product or service through the product.
- Refrain from acting in a way which exploits, distributes or publicly communicates any error, miscue or bug which gives you or another person and unintended advantage in your or their use of the product.
- Refrain from acting in a way which exploits, distributes or publicly communicates any error, miscue or bug which gives you or another person and unintended advantage in your or their use of the product.
- Refrain from reverse engineering, de-compiling or disassembling any software, including any proprietary software owned by us, being run on the product,
- Refrain from reverse engineering, de-compiling or disassembling any software, including any proprietary software owned by us, being run on the product,
- Refrain from behaving in a manner which a reasonable casual user, registered user or member of the product would consider to be offensive and not in the spirit of the product.
- Refrain from making any post or content that links directly to other sites which contains content of the kind which falls within the descriptions prohibited by this section.
Froot Digital Pty Ltd claims the right, but not the obligation, to censor any content uploaded by registered users or members of the site. In doing so we claim the right, but not the obligation, to delete or modify any content, message, photo or profile that in our sole judgment is inappropriate as being offensive, illegal or not in the spirit of the product.
Registered users and members are solely responsible for the content that upload, publish or display on the the product, or transmit to other casual users, registered users and members through the product.
Casual users, registered users and members agree to hold us blameless in relation to any content they believe to be incorrect, inaccurate, offensive, hurtful, defamatory, slanderous, libellous or illegal.
Casual users, registered users and members of the product warrant that they will indemnify us for any costs, including legal costs related to any content the member uploads, publishes or displays on the product, or transmits to other casual users, registered users and members, using the product or its email and messaging functionality.
Please note that Froot Digital Pty Ltd reserves the right to terminate your access or membership to the product at its absolute discretion. If your membership has been terminated because you have breached any of these Terms and Conditions of Use, you will not be entitled to a refund, either in part or in full of your current subscription.
In addition, in the context of any illegal activity, Froot Digital Pty Ltd will cooperate with any investigation carried out by a competent State or Federal prosecuting authority.
In cases where illegal activity is alleged, we will assist any State or Federal prosecuting authority acting under an appropriate warrant or judicial order, and will provide them, at a minimum, with the IP address and date and time when a offensive, illegal, false or ‘bogus’ profile or picture(s) were uploaded onto the product.
IDENTITY THEFT AND REVENGE CONTENT
We take the issues of identity theft and revenge content very seriously. In all cases we encourage the person who has been the victim of identity theft or revenge content to report the matter to the relevant prosecuting authority.
You must not impersonate or create a membership for any person other than yourself, yourself and your partner, or the group to which you are affiliated.
If you believe your identity has been stolen and is being misused on the product, then please contact us firstname.lastname@example.org and we will be pleased to assist you.
In cases where identity theft or revenge content is alleged, we will assist any State or Federal prosecuting authority acting under an appropriate warrant or judicial order, and will provide them, at a minimum, with the IP address and the date and time when a false or ‘bogus’ profile or picture(s) were uploaded onto the product
Disclaimers and Limitation of Liability
You use the product at your sole risk.
Froot Digital Pty Ltd disclaims all liability to the fullest extent permissible under law. In particular, casual users, registered users and members of The product agree that Froot Digital Pty Ltd:
- Is not responsible for any incorrect, inaccurate, offensive, hurtful, defamatory, slanderous, libellous or illegal post made by any third-party on the product or transmitted through the product, or sent or transmitted via any email or messaging system associated with the product.
- Is not responsible for any failure of the product, whether caused by casual users, registered users, members or by any of the equipment or programming associated with or used by the product.
- Is not responsible for any error, omission, interruption, deletion or delay in the operation or transmission of the services provided by the product.
- Is not responsible for the theft or destruction or unauthorised access to, or alteration of any communications made by a registered user or member stored on systems owned or operated by the product.
- Is not responsible for any problems or technical malfunction of any fibre-optic cable, cable, telephone network or lines, computer online systems, servers, computer equipment, software, on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof.
- Cannot guarantee and does not promise or warrant any specific results from the use of the product.
The product is provided on an ‘as is’ and ‘as available’ basis. We expressly disclaim any warranty of fitness for a particular purpose or of merchantable quality.
Except where such provisions are restricted by law (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will we be liable to you or any third person for any direct, indirect or consequential loss. Likewise, in consideration for having access to the product, you agree not to seek compensation for any direct, indirect or consequential loss or for exemplary, incidental, special or punitive damages including loss of profits or personal injury arising from your use or any third-parties’ use of the product, even if you advised us of the possibility or certainty of such loss or damages.
Notwithstanding anything to the contrary contained herein, Froot Digital Pty Ltd’s liability to you for any damages, whatsoever and howsoever caused, regardless of the form of the action, will be at all times limited to the amount paid, if any, to Froot Digital Pty Ltd for your membership.
In the event you have only accessed the product as a casual user or registered user, then as consideration for your free use of the product, you agree to hold us blameless, for any direct, indirect or consequential loss you or any third person may have suffered consequent on your or any third-parties’ use of the product. Likewise, you agree not to seek damages for direct, indirect or consequential loss or seek exemplary, incidental, special or punitive damages including loss of profits or personal injury arising from your use or any third-parties’ use of the product, even if you advised us of the possibility or certainty of such loss or damages.
We do not make or grant, and hereby exclude, any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the services provided by the product, including but not limited to, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
We do not warrant that your use of any service provided by the product will be secure, uninterrupted, always available, error-free, or will meet your requirements, or that any defects in the services provided by the product will be corrected. We disclaim liability for and provide no warranty or representation as to the connectivity and availability of the services provided by the product.
You are responsible for making all the necessary arrangements to ensure you can access the websites and applications which form the product(including Internet provider and mobile Internet provider fees and, any other charges associated with that access). We will not be held responsible for any reduced functionality you may encounter because of or in connection with accessing the product through mobile services or any similar device currently known or developed in the future.
There are no warranties of any kind that extend beyond the face of these Terms and Conditions of Use or that arise because of; course of performance, course of dealing or trade usage. The product may contain errors, omissions, inaccuracies, or out-dated information. We cannot guarantee and do not promise any specific results from use of the product. We do not warrant the reliability of any statement or other information displayed or distributed through the product.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of all in connection with your use of, access to or conduct in connection with the product.
You agree to indemnify for us all reasonable costs, including legal fees, associated with defending any claim, action, demand or any threatened claim, action or demand against us resulting from, or relating to, your use of the product or your breach of these Terms and Conditions of Use.
We are based in Perth, Western Australia.
If any provision of this agreement is held to be invalid, the remainder of this agreement shall continue in full force and effect.
We do not warrant that any content on the product meets the relevant legal standards of any jurisdiction other than Western Australia.
It is your responsibility to ensure that it is lawful in your jurisdiction for you to view the content provided by the product.
You acknowledge and agree that in consideration for your use of the product, you give up any rights you may otherwise have to instigate or participate in any class action or representative action with respect to any claim against us. You will not, in any dispute with us, be entitled to join or consolidate claims by or against other persons, casual users, registered users, or members of the product, or arbitrate any claim as a representative or class action or in a private attorney-general capacity.