Please read these Terms and Conditions of Service (the “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Views On Top Pty Limited (“VOT” or “we” or “us”) concerning your use of (including any access to) the Views On Top mobile software application (together with any materials and services available therein, and successor application(s) thereto, the “App”) and the site currently located at www.viewsontop.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”). The App and the Site are referred to collectively herein as the “Service” and are owned and operated by Views On Top Pty Limited ACN 165 856 888, a company incorporated in Australia.
This Agreement, as may be modified from time to time, constitutes legally binding terms and applies to your use of the Services. By accessing or using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Services, including, without limitation, through a mobile or other wireless device) or you are a “Member” (which means that you have registered with the Site). The term “User” refers to both a Visitor and a Member.
In consideration for becoming a Member and/or making use of the Services, you must indicate your acceptance of this Agreement during the registration process. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND THAT THE INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE.
We reserve the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all applicable law, you must discontinue use of the Services immediately.
Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “LAST UPDATED” legend below indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links), charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
2. TERMS AND CONDITIONS
VOT allows you to access, view and share content with other users through our Service. As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use. You may not:
• copy, modify or distribute the App for any purpose;
• transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party;
• decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service;
• make the functionality of the App or the Service available to multiple users through any means; or
• use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions (“Terms”).
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:
• This Agreement and these Terms are concluded between you and VOT, and not with the App Provider, and that VOT (not the App Provider), is solely responsible for the App.
• The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App.
• The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, VOT will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• The App Provider, and its subsidiaries, are third party beneficiaries of this Agreement and these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
• You must also comply with all applicable third party terms of service when using the App.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. At various times the Service may be interrupted for reasons outside our control or for other reasons such as upgrades.
3. CREATING A VOT ACCOUNT
In order to suggest content to VOT, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable laws. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.
When creating an Account, do not:
• provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person’s permission;
• use a username that is the name of another person with the intent to impersonate that person;
• use a username that is subject to rights of another person without appropriate authorisation; or
• use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates the Agreement. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorise us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
VOT reserves the right to charge for any portion of the Services and to change its fees (if any) from time to time in its discretion. If VOT terminates your Account because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees or payments (if any).
4. CONTENT SUBMISSIONS
Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, text and/or other content (“Submissions”). You are responsible for the Submissions that you post to the Service, including their legality, reliability, and appropriateness. By posting Submissions to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions on and through the Service. The license you grant to VOT is non-exclusive, fully paid and royalty-free, sub-licensable, and worldwide. You agree that this license includes the right for us to make your Submissions available to other users of the Service, who may also use your Submissions subject to these Terms. You retain any and all of your rights to any Submissions you submit, post or display on or through the Service and you are responsible for protecting those rights.
We ask that you respect our on-line community and other users when posting Submissions and using the Service. When submitting Submissions to or otherwise using the Service, you agree not to:
• submit material that violates a third party’s proprietary rights, including copyright or other intellectual property rights, privacy and publicity rights, or that otherwise violates any applicable law;
• publish falsehoods or misrepresentations that could damage us, our users or any third party;
• publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
• submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• post advertisements;
• impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
• solicit a user’s password or other account information; or
• harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Submissions, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to not upload any user Submissions to the App and at any time and without prior notice, to remove or disable access to any Submissions that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
5. CONTENT ON THE SERVICE
We make no representations, warranties, or guarantees in connection with our Service or Submissions on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service or in User Submissions. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any content on the Service.
6. COPYRIGHT POLICY
VOT respects the intellectual property of others, and requires that our Users do the same. You may not upload, post, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Submissions if properly notified that such Submissions infringes on another’s intellectual property rights.
If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, you may submit a notification requesting that VOT remove such content by providing our Copyright Agent with the following information in writing:
• a description of the copyrighted work that you claim has been infringed, including a copy of the copyrighted work and, if relevant, the URL (i.e. web page address) of the location where the copyrighted work exists;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• information reasonably sufficient to permit us to contact you, such as your address, email address and telephone number;
• a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
• an electronic or physical signature of your signature or of the person authorised to act on behalf of the owner of the copyright’s interest.
You can contact our Copyright Agent via email at email@example.com or by mail at Copyright Agent, c/o Views on Top Pty Limited P.O. Box 1881 Neutral Bay NSW 2089 Australia.
The types of information that we collect fall under two general categories: User Provided Information and Automatically Collected Information.
User Provided Information is information you provide when you download and register the App. Registration is optional, however, you may not be able to use some of the features offered by the App unless you register with us.
When you register with us and use the App, you provide your name, email address, user name, password, location and other optional personal information. We may use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions. If you choose to connect your Views On Top account with Facebook, we will receive and retain basic account registration data you provide to Facebook, such as name, email address, user ID and profile page URL.
Automatically Collected Information is information collected automatically including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, your real-time location and information about the way you use the App.
We may use “cookies” to keep track of some information when you visit our Site. Cookies are very small files placed on your computer that allow us to count the number of visitors to our website and distinguish repeat visitors from new visitors. They also allow us to save user preferences and track user trends. If your browser is set to reject all cookies, the Service may not function properly with your browser. Users who disable cookies may experience a loss of functionality on the Site.
Does the App collect precise real time location information of the device?
When you use the App, we may use GPS technology (or other similar technology) to determine your current location in order to display a location map and details of destinations in the App near you. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set out above, you should turn off the location services for the App located in your mobile device settings and/or within the App. Users who turn off location services will not be able to use some of the features offered by the App.
Do third parties see and/or have access to information obtained by the App?
We may disclose User Provided and Automatically Collected Information:
• as required by law, such as to comply with a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• if VoT is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
We use third-party analytics service providers (“Analytics Providers”) to help us analyse how users use the Service. The information generated by your browser or device about your use of the Service will be transmitted to and stored by the Analytics Provider(s). The Analytics Providers will use this information for the purpose of evaluating your use of the Service, compiling reports on activity for our use and providing other services relating to Service activity and Internet usage. The Analytics Providers may transfer this information to third parties where required to do so by law, or where such third parties process the information on the Analytics Providers’ behalf. By using the Service, you consent to the processing of data about you by the Analytics Provider in the manner and for the purposes set out herein.
What are my opt-out rights?
You can stop all collection of information by the App by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile App marketplace or network. You can also request to opt-out via email, at firstname.lastname@example.org.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the App and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the App, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the App to function properly.
In agreeing to use our App and Services you have confirmed that you are over 18. We do not use the App to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorised employees and contractors who need to know that information in order to operate, develop or improve our App. Please be aware that, although we endeavour provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
8. UNAUTHORISED ACTIVITIES
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service:
• attempt to access or search the Service or download content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
• access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
• gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
• use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
9. LINKS TO THIRD PARTIES
The Service may include links to other sites and services that are not operated by us. VOT is not responsible for the content or links displayed on such sites. By using such functionality, you are directing us to access, route and transmit to you the applicable third party site. You are responsible for and assume all risk arising from your use or reliance of any third party sites, including any transactions you may make on those sites.
VOT is not responsible for any third party sites or services, including the accuracy, integrity, quality, legality, usefulness or safety thereof, privacy policies or any intellectual property rights therein. Nothing in these Terms shall be deemed to be a representation or warranty by VOT with respect to any third party site or service. We may block or disable access to any third party sites (in whole or part) through the Service at any time.
VoT may earn commissions on purchases made via third party sites.
YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLETO SUCH THIRD PARTY SITES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY SITES), IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY BELOW).
Copyright, trademark and other laws of Australia and foreign countries protect our App and Service. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of VOT and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
The App is licensed (not sold) to end-users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by VOT to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sub licensable basis, to install and use the App on a mobile device that you own or control. If you fail to comply with any of the Terms of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.
11. TERM OF AGREEMENT
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services or are a Member. You may terminate your Account at any time, for any reason, by contacting us. By choosing to terminate your Account, you acknowledge and expressly agree that all of your profile content, photos and other information may be irrevocably deleted.
VOT may suspend, disable your access to or terminate your Account and your use of the App and/or Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to reject, refuse to post or remove any posting, or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your Account is terminated, this Agreement will remain in effect.
You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, except to the extent prohibited under any applicable law, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Except to the extent prohibited under applicable law, you agree to indemnify and hold VOT harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding any claim or demand from you or a third party that your use of the Service or activities in connection with the Service, or the use of the Service by any person using your Account, violates any applicable law or regulation, or the rights of any third party( including without limitation intellectual property rights), or your compliance with these Terms.
14. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED UNDER ANY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP, IF ANY. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
The Agreement shall be governed by, and construed in accordance with, the laws of New South Wales. You and VOT agree to submit to the exclusive jurisdiction of the state and federal courts located in New South Wales, Australia, to resolve any dispute arising out of the Agreement or the Services.
You are solely responsible for your interactions, if any, with other Users or third parties with whom you interact through the Services. VOT reserves the right, but has no obligation, to become involved in any way with these disputes.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and VOT. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”
This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and VOT relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and VOT relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. VOT will not be responsible for any failure to fulfil any obligation due to any cause beyond its control.
18. APPLE-SPECIFIC TERMS
In addition to your agreement with the foregoing Terms, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, VOT’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
19. INFORMATION OR COMPLAINTS
LAST UPDATED: September 2022