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Terms & Conditions

Updated: 18 October 2018

1. Introduction

a) Within these terms and conditions, when we refer to “this mobile app” or “this app”, we refer to any features, products or services we make available, including this mobile app and any other branded or co-branded apps and/or websites (including sub-domains and/or mobile versions); social channels (including facebook; and other media, devices or networks now existing or later developed and/or deployed.

b) Within these terms and conditions, when we refer to “our”, “we” and “us”, we mean Plunge Pty Ltd ACN 614 784 628 (“Plunge”) and/or our affiliates.

c) Within these terms and conditions, when we refer to “you” and “your”, we mean the person using the mobile app.

d) These terms and conditions govern your use of this mobile app; by registering for this mobile app, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you should withdraw your consent by contacting us at info@plungeapp.com.au.

e) You must be at least eighteen (18) years of age to use this mobile app. By registering for this mobile app (and thereby agreeing to these terms and conditions) you warrant and represent that you are at least eighteen (18) years of age.

2. Privacy

We have designed our Privacy Policy to provide information about how we collect and use your content and information. We advise you to read the Privacy Policy before using the mobile app.

3. License to use this mobile app

a) Unless otherwise stated, we own the intellectual property rights in this mobile app and all material in the mobile app. Subject to the license below, all these intellectual property rights are reserved.

b) You may view, download, and print pages from this mobile app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

c) You must not:

  • republish material from this mobile app (including republication on another app and/or website);
  • sell, rent or sub-license material from this mobile app;
  • reproduce, duplicate, copy or otherwise exploit material on this mobile app for a commercial purpose;
  • edit or otherwise modify any material on this mobile app; or
  • redistribute material from this mobile app (except for content specifically and expressly made available for redistribution).

4. Intellectual Property

a) All copyright, trademarks and other intellectual property rights in the text, images and additional materials contained on this app are owned or licensed by us. No intellectual property or other right in or to the information and materials on this app is transferred to visitors to or users of the app.

b) Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in the jurisdiction from which a Subscriber accesses the app, Subscribers may not adapt, reproduce, publish or distribute copies of materials found on the App (including, but not limited to text, logos, graphics, sound or images) in any form (including by e-mail or other electronic means), without our prior express written consent.

c) Subscribers may not frame any of the content of the app or incorporate it into another app or website, nor may they create or use an account for the purposes of evaluating our service, or for copying or incorporating any of our processes or features into another product, business or service that could be reasonably assessed as being in competition with us.

5. Acceptable Use

a) You must not use this mobile app in any way that causes, or may cause, damage to this mobile app or impairment of the availability or accessibility of this mobile app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

b) You must not use this mobile app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, robots, spiders, or other malicious computer software and/or code.

c) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this mobile app without our express written consent.

d) You must not use this mobile app to transmit or send unsolicited commercial communications.

e) You must not bully, intimidate or harass other users.

f) You must not post content that is hateful, threatening, pornographic or contains nudity or graphic or gratuitous violence.

g) You must not facilitate or encourage any violations of these terms and conditions.

h) You must not use this mobile app for any purposes related to marketing without our prior express written consent.

i) We endeavour to keep this mobile app safe, however, cannot guarantee it. Please contact us at info@plungeapp.com.au to report any breaches of the above clauses.

6. Protecting other users’ rights

a) You will not post content or take any action on the app that infringes or violates someone else’s rights or otherwise violates the law or terms herein.

b) We can remove any content you post on the app if we believe that it violates these terms and conditions.

c) If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, please contact us via email at info@plungeapp.com.au.

d) If we determine that you repeatedly infringe any intellectual property rights, we will disable your access to this mobile app when appropriate. This decision will be made by us in our sole and unfettered discretion and any decision we make is final.

e) You will not use our copyrights or trademarks without our prior express written permission.

f) You will not post anyone’s identification documents or sensitive financial information on this mobile app.

7. Changes to mobile app content and functionality

The mobile app is a dynamic part of our business and its content and functionality may change frequently over time. Changes to mobile app content and functionality may occur without prior notice being given and may include the addition or removal of notifications, information, commentary, products for sale and/or services. If you are not satisfied with any changes to the mobile app content and/or functionality, you may terminate your access at any time and withdraw your consent to the data practices contained in the privacy policy by emailing us at info@plungeapp.com.au.

8. Responsible use

Although the mobile app does not offer any gambling or betting capabilities, it does provide links to such capabilities. If you gamble, you risk losing money. Please ensure you put sensible limits in place to help control your gambling activities and that you never gamble more money than you can afford to lose. Gambling can become a major problem and we strongly advise that you seek professional help if you feel you may be losing control of the amount you spend and that you are not sticking to threshold amounts you can afford to lose. You can seek help from Gamblers Help via phone on 1800 858 858.

9. No warranties

a) This mobile app is provided “as is” without any representations or warranties, either express or implied. We make no representations or warranties in relation to this mobile app or the information and materials provided in this mobile app.

b) Without prejudice to the generality of the foregoing paragraph, we do not warrant that this mobile app will be constantly available, or available at all.

c) While care is taken in the preparation of information published in this mobile app, we accept no responsibility nor warrant the accuracy of the information displayed. This is inclusive of form, barrier draws, weights, jockeys or any other information available on the app which may impact your use of the same.

d) Information in this mobile app has been provided for entertainment purposes only, accordingly, we accept no responsibility for your use of any information displayed or assumed.

e) For the avoidance of doubt, we are not responsible for any gambling losses that you may incur. Any monetary investment based on information provided in this mobile app (or associated apps and/or websites) is at your risk.

f) All information (including, but not limited to fields, race numbers, horse numbers, venues, scratchings, odds, and statistics) provided should be checked with an official source. Changes to the same may occur without our knowledge and we are not liable for any differences in information that may occur.

10. Limitations of liability

We will not be liable to you in any circumstances for;

  1. any direct loss associated with the use of the app;
  2. any indirect, special or consequential loss associated with the use of the app; or
  3. any business losses, loss of revenue, income, profits or anticipated profits, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data associated with the use of the app.

11. Exceptions

Nothing in this mobile app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

12. User content

a) Within these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this mobile app, for whatever purpose.

b) For content that is covered by intellectual property rights, you specifically grant us a worldwide, irrevocable, non-exclusive, transferable, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

c) Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, us or a third party (in each case under any applicable law).

d) You must not submit any user content to this mobile app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

e) We reserve the right to edit or remove any material submitted to this mobile app, or stored on associated servers, or hosted or published upon this mobile app.

f) Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this mobile app.

g) We reserve the right to use feedback and/or suggestions provided via surveys or similar means without any obligation to compensate you.

13. Comments

We reserve the right to delete any comments/posts deemed to be inappropriate and this right will be exercised in our complete and unfettered discretion where necessary. If you breach any of these rules, you may risk having your access to this mobile app revoked. You agree to not post any item that:

  1. Is defamatory or discloses any information that you have no legal right to disclose;
  2. Is abusive, hateful, racist, bigoted, antisocial, sexist, harassing, threatening, inflammatory, defamatory, knowingly false, vulgar, obscene, sexually oriented, profane or is otherwise in violation of any applicable law, rule or regulation;
  3. Is any form of advertising (including affiliate programs), promotional material or any other form of commercial activity;
  4. Is intentionally false or misleading statements or any statement seeking to unfairly manipulate a market;
  5. Attempts to publish, collect or store data relating to customers including personal details such as email addresses, phone numbers and residential addresses;
  6. Contains a link to any other mobile app and/or website address of, or promotes the products or services of, a competitor of ours;
  7. Is in a language other than English;
  8. Is protected by any form of intellectual property whether registered or unregistered or any contractual, statutory and equitable obligations of confidence;
  9. Is or may amount to collusion or activities of a suspicious or criminal nature;
  10. Is a post that is related to or leads to the transmission of any software or computer files that contain a virus, worm or other disruptive or harmful component;
  11. Is a complaint or enquiry or query requiring a response by us. For such matters, please contact us via email at info@plungeapp.com.au; or
  12. Is not relevant to the mobile app or discussion.

14. Acceptance

a) By registering for this mobile app, you consent to the limitations of liability set out in this mobile app.

b) If you do not accept the exclusions and limitations of liability, you must discontinue your use of this mobile app and/or withdraw your consent to process your data by contacting us at info@plungeapp.com.au.

15. Other parties

a) You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with this mobile app.

b) Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this mobile app disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.

16. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation; legal expenses, debt recovery costs, commission and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, (or arising out of any claim that you have breached any provision of these terms and conditions).

17. Breaches

Without prejudice to our rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the mobile app, prohibiting you from accessing the mobile app, blocking computers using your IP address from accessing the mobile app, contacting your internet service provider to request that they block your access to the mobile app and/or bringing court proceedings against you.

18. Variation

We reserve the right to amend these terms and conditions from time to time. Amended terms and conditions will apply to the use of this mobile app from the date of the publication of the amended terms and conditions on this mobile app. Please check this page regularly to ensure you are familiar with the current version.

19. Assignment

a) We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

b) You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

20. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.

21. Jurisdiction

These terms and conditions will be governed by and construed in accordance with Victorian law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Victoria.

22. Disputes

a) You will resolve any claim, cause of action or dispute you have with us exclusively in a state or federal court located in Melbourne, Australia. The laws of the state of Victoria will govern these terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the State of Victoria for the purpose of litigating all such claims.

b) If anyone brings a claim against us related to your actions, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including costs, debt collection fees, commission, interest and legal fees on an indemnity basis) related to such claim.

23. Premium subscription

a) Users have the option to purchase Plunge Premium functionality by subscribing within the app. This subscription provides users with an additional layer of information that includes additional data and information.

b) Users can select from the defined subscription options outlined within the app including varying durations and costs.

c) Prices are equal to the value that “Apple’s App Store Matrix” determines as the equivalent of the subscription price in $AUD.

d) Payment will be charged to iTunes Account at confirmation of purchase.

e) Users may cancel a subscription anytime by cancelling the subscription through iTunes account settings.

f) Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.

g) Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.

h) Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.

i) Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable.

23. Other

a) These terms and conditions, (together with our Privacy Policy) constitute the entire agreement between you and us. These documents supersede all previous agreements in respect of your use of this mobile app.

b) If we fail to enforce any part of these terms and conditions, it will not be considered a waiver unless expressly stated in writing.

c) Nothing in this agreement shall prevent either you or us from complying with any relevant law which may apply.

d) This Statement does not confer any third-party beneficiary rights

24. Contact Us

If you have any queries or concerns, please contact us via email at info@plungeapp.com.au.