terms.

Registration terms

Thank you for creating an account (Account) via the Tabuu app (the App).

It is important to us that you enjoy your time using the App. Therefore, we recommend that you read the following terms that relate to the services provided by Tabuu Pty Ltd A.C.N.624 873 838 (we, us, our, or Tabuu), via the App.

Your decision to create an Account with us means that you acknowledge that you have read, understood and agree to be bound by the terms contained in this agreement (Registration Terms). These Terms govern your use of our services (the Registration Services). Your access to the Registration Services is conditional upon your acceptance and ongoing compliance with these Terms.

We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the scope of the Registration Services. This may result in additional services being provided or some of the existing services being terminated.

How to access the Registration Services

Tabuu provides you, the registrant (Registrant), with access to the App for the purpose of engaging with others and participating in discussions of your choice.

You must be a current and valid Registrant of Tabuu, to access the Registration Services and the associated benefits.

Once you become a Registrant, registration is ongoing unless you terminate your agreement with us, in accordance with these Terms.

Tabuu reserves the sole right to make changes to our Registration Services from time to time.

Registration

Registration entitles you to a non-exclusive, non-transferable right to access and use the Registration Services, subject to the terms and conditions contained in these Terms. Registration occurs when you create an Account via the App (the Registration Date).

When creating an Account, you warrant and represent that:

• you are at least 18 years of age;
• all information provided is true, accurate and complete to the best of your knowledge;
• you have authority to enter in to these Registration Terms;
• you have read and understand the terms and conditions contained within these Registration Terms and agree to be bound by them;
• you will only use the Registration Services for lawful purposes; and
• you will not use the Registration Services and/or the App to harass, offend, threaten, harm (mentally or physically), or otherwise menace any other person.

You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Account’s username, passwords and other security features, confidential and secure to prevent unauthorised use of your Account. If you reasonably suspect that the security of your Account has been compromised, you must notify Tabuu immediately. You agree to be solely responsible for any conduct associated with, or originating from your Account.

We are not liable or responsible in any way for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the Account’s security resulting from your act or omission to act.

From time to time, you may change information relating to your Account. You undertake to update your Account details with true and accurate information at all times. We undertake to take all due care with any information you provide to us when creating, updating and accessing your Account, and we will comply with our Privacy Policy at all times.

Term of agreement

Commencement

These Terms commence on the Registration Date and will continue until such time that they are terminated under these Terms.

Termination

Tabuu may terminate these Terms if you have committed any material breach of these Registration Terms and, in the case of a breach capable of being remedied, you have failed to remedy the breach within five (5) days after the receipt of a written request from Tabuu.

You may terminate these Registration Terms by providing written notice to us via email or by uninstalling the App.

Upon termination, Tabuu will immediately disable your user name and password and consequently, deny you access to the App and/or the Registration Services and your Account.

Representations and warranties

Subject to all applicable laws, the Registration Services are provided to you on an as is basis and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

Exclusions and Limitations of Liability

To the extent permitted by law, Tabuu will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:

1. suspension or cancellation of an Account;
2. your use of the Registration Services provided via the App;
3. any interruptions or delays in accessing the App, the Registration Services or any third party websites; or
4. circumstances beyond the reasonable control of Tabuu, whether in contract, tort (including negligence) or otherwise

All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.

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

• the resupply of the Registration Services; or
• the payment of the cost of having the Registration Services resupplied.

Indemnity

To the fullest extent permitted by law, you agree to indemnify Tabuu from any liability 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 your use of the Registration Services.

Notices

Any notice to be given by Tabuu under these Terms or in relation to our Registration Services will be in writing, and sent to the email address provided by you in respect of the relevant Account, or by posting the relevant information on the Tabuu website (the Website). Such notice shall be deemed to have been given at the time the email was sent by Tabuu or at the time the relevant information was posted on the Website.

Assignment

You shall not assign, transfer or sub-licence any of your rights or obligations under these Terms, except with the prior written consent of Tabuu.

General

If any provision of these Terms 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.

All rights not expressly granted in these Terms are reserved.

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

Jurisdiction and Applicable Law

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

These Registration Terms were last updated on 26 March 2018.

Terms of Use

Welcome to the Tabuu App (the App), which is owned and operated by Tabuu Pty Ltd A.C.N.624 873 838 (we, us, our or Tabuu).

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 these Terms of Use). Your creation, use of, and/or access to, the App constitutes your agreement to these 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 Tabuu website located at www.gotabuu.com 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 versions of these Terms of Use.

Eligibility

You must be at least 18 years of age to create an account on the App and use the service. By creating an account and using the service, you represent and warrant that:

• you can form a binding contract with Tabuu;
• you are not a person who is barred from using the Service under the laws of Australia or any other applicable jurisdiction;
• you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations; and
• you are not required to register as a sex offender with any state, federal or local sex offender registry.

Your Account

You may sign in to Tabuu using your nominated email address, or your Facebook login details. In using your Facebook log-in details, then you authorise us to access and use your Facebook account information, including but not limited to your public Facebook profile and information about your Facebook friends. You may refer to our Privacy Policy for more information on the information we collect from you and how we may use it.

You are responsible for maintaining the confidentiality of your login credentials, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please email us immediately.

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 Website and the Service.

Termination

You may terminate your account at any time, for any reason, by following the instructions in the “Settings” in the service. We may terminate your account at any time without notice if we believe that you have violated these Terms.

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;
• use the App to solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• display any personal contact or banking information on your individual profile page whether in relation to you or another person, for example, names, home addresses, telephone numbers, email addresses, credit card or other banking details;
• misrepresent your identity, your current or previous positions, qualifications or affiliations with any person or entity;
• 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.

Removal

Tabuu reserves the right to review and remove any content violating these Terms. If you see content on the Service that violates these terms, please report it to us via email.

Safety

Tabuu is not responsible for the conduct of any user on or off of the Service. You agree to remain solely responsible for and exercise caution in all your interactions with other users, including where you decide to communicate off the Service or meet in person. Tabuu makes no representations or warranties as to the conduct of users. You should exercise caution in providing any personal information to other users, and you should not provide your financial information to other users.

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 Website are owned or under licence by Tabuu 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 Website 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.

In App Purchases

Tabuu may offer products and services for purchases (In App Purchases) through iTunes, Google Play, or other application platforms used through the App (Software Store). If you choose to make a purchase you must enter details for your account with your Software Store and your Software Store account will be charged for your purchase in accordance with terms that are disclosed to you at the time of purchase.

Generally, all purchases are final and non-refundable and there are no refunds or credits for partially used products and services.

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 within 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 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 may serve 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.

Notices

Any notice to be given by Tabuu under these Registration Terms, or in relation to our Registration Services, will be in writing, and sent to the email address provided by you in respect of the relevant Account, or by posting the relevant information on the Tabuu website (the Website). Such notice shall be deemed to have been given at the time the email was sent by Tabuu or at the time the relevant information was posted on the Website.

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.

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 Queensland, Australia, without regard to conflict of law provisions. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Queensland 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 26 March 2018.