TERMS OF USE

Welcome to the Throwr app (the App), which is owned and operated by Throwr Pty Ltd A.C.N.161 394 663 (we, us, our, or Throwr).

Your access to the App, and your use of the services we provide (the Service), is conditional upon your acceptance and ongoing compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the App constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time. Should any significant amendments occur, notification will be provided by publication on the Throwr website (the Website) 14 days prior to the changes being implemented (the Notice Period) unless the circumstances of the amendments makes it unreasonable to provide such a Notice Period. Your continued use after the Notice Period has lapsed indicates your consent to be bound by the modified and/or amended Terms of Use.

Our services

We cannot be responsible for any delays or interruptions to the App and/or the Service. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the App and/or the Service will be available at all times or at any given time.

We may at any time and without notice to you, modify or discontinue the App and Service in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our modification or discontinuance of the App and the Service.

Your Throwr account

By registering for a Throwr account you certify that:

  • you meet all applicable legal requirements, including age requirements, for doing so;
  • the personal information you provide when registering for the account is accurate, and that you will keep your contact information up to date;
  • you will not use a User Name or Display Name that is likely to mislead or deceive  other users;
  • you are not creating the account for anyone other than yourself without that other person’s permission;
  • you will not transfer your account to anyone without our prior written agreement;
  • you will keep your account secure and that you will not share your password or account, or do anything else so as to jeopardise your account security; and
  • you will notify us immediately if you believe that any files you have accessed via the App and/or the Service contains viruses, spyware or other forms of malware.

We may freeze or delete your account, in whole or in part, at any time for any reason at our complete discretion. If we do so:

  • we may, at our discretion, choose to outline to you our reason for freezing or deleting your account, but we have no obligation to provide our reason to you;
  • you must not create a new account without our prior written agreement; and
  • you have no entitlements to any form of compensation, and we are not liable for any direct or indirect loss you may suffer as a consequence of us freezing or deleting your account.

Prohibited conduct

In relation to the App and/or the Service, you must not:

  • use the App and/or the Service for any activities or post or transmit via the App and/or the Service, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the App and/or the Service to post or transmit any material which interferes with other users or defames, harasses, bullies, intimidates, threatens, menaces or restricts any person or which inhibits any user from using the App and/or the Service or the Internet;
  • use the App and/or the Service to post or transmit any material where doing so violates the intellectual property rights, confidentiality or trade secrets of another party;
  • use the App and/or the Service to post or transmit content that contains violence (including self-harm), hate speech, obscenity, nudity or pornography;
  • use the App and/or the Service to send unsolicited email messages;
  • use the App and/or the Service to post or transmit content that contains, or amounts to, advertisement, attempted business solicitations, marketing materials or sales promotional materials;
  • in any way tamper with, hinder or modify the App and/or the Service;
  • knowingly transmit any viruses, spyware or other forms of malware or other disabling features to the App or via the Service; or
  • attempt any of the above acts or encourage, or facilitate, or assist another person to do any of the above acts.

Monitoring

Throwr does not undertake to perform any ongoing monitoring of user activities.

Throwr may use keyword monitoring whereby certain key words may alert and trigger an investigation. Throwr reserves the right to employ any other measures we deem reasonable to monitor users in order to prevent the misuse of the App and/or the Service in regards to any illegal or criminal activity, or other activity contrary to these Terms of Use.

Throwr and the user generated content

We do not endorse or lend any credence for any statements that are made by any users of our Service.

You are fully responsible for your own statements and materials that you post, store or distribute via our Service and any consequences, whether or not foreseen, to any party who may rely upon these statements or materials. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.

You agree that we may remove any statements and materials that you post, store or distribute via our Service, for any reason, in our sole discretion. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content.

By posting, storing or distributing any information, statements, materials or other content via our Service, you grant us a perpetual, irrevocable, royalty free licence in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.

You grant to others who use our Service a perpetual, non-revocable, royalty free licence to view, download, store and reproduce your content, but such license is limited to the personal use and enjoyment of such other party lawfully accessing the content you have posted or distributed.

To avoid any confusion, you own the content that you generate or post via the App at all times and you merely consent to us and other users of the App to reproduce your content for personal use and enjoyment.

Intellectual Property

The materials displayed on the App, including the software, design, text, images, audio, video and graphics comprised in the App, and the selection and layout of the App are owned or under licence by Throwr and protected by Australian and International laws.

Your use of the App and/or the Service does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the App without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the App.

You may view the App and its contents using your web browser. In visiting the App or by using the Service, you may make a temporary copy of the App by means of the usual operation of your web browser only.

You must not:

  • reproduce or use any of the material on the App for commercial purposes, including sale;
  • in any way modify the material displayed on the App; or
  • cause any of the material on the App to be framed or embedded in another website or product.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the App in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Third party links

The App may contain advertising and/or hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

By using the App and/or the Service, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the App and/or Service by you.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) may confer you with rights and remedies relating to the provision of goods or services to you by us via the App and/or Service which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the App and/or Service:

  • all material displayed on the App is provided to you without warranties of any kind, either express or implied;
  • the Service is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the App or your access to the App and/or Service will be uninterrupted or error free, that any defects will be corrected or that the App and/or Service, or the servers which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the App and/or Service including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the App and/or the Service.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the App and/or the Service. In particular, as the App and the Service serves as a conduit for information, you may be able to access, download or otherwise use content provided by other users of the Service. Such content may contain viruses, spyware and other forms of malware. We do not undertake to screen the content and accept no liability for damage suffered by you, either directly or indirectly, as a result of your access to user generated content via the App and/or the Service.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

  • the resupply of the services; or
  • the payment of the cost of having the services resupplied.

In the case of goods supplied or offered by us:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.

Privacy

By agreeing to and accepting the Terms of Use, you also agree to the terms of our Privacy Policy.

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without prior notice to you. In the event of termination, we will post a notice to that effect on the Website. All restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive the termination.

Severability

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

Entire agreement

This Terms of Use document, combined with the Privacy Policy referred to within this document contains the entire agreement between you and Throwr concerning your use of the App and/or the Service.

Feedback

We value your suggestions and feedback. Where you provide suggestions, materials or feedback it is considered non-confidential and we may, at our complete discretion, use it to improve the App and/or the Service without any obligation to compensate you regardless of how we use, implement, copy, modify, display, distribute and/or otherwise benefit from your suggestions, materials or feedback. You can provide your feedback by emailing us.

Miscellaneous

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the App and/or Service may not be legal by certain persons or in certain countries. If you access the App and/or the Service, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction, and any other laws applicable to you.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Where you have deleted data, including personal information, such data may persist in back-up copies for a reasonable time.

Jurisdiction and Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law provisions. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning the Terms of Use. This clause will survive a termination of the Terms of Use agreement.

Contacting us

Please email us if you have any questions relating to the Terms of Use.

Terms of Use last updated on 14 May 2014.