TERMS OF SERVICE

INTRODUCTION

The Company provides the “Stickytape” messaging app. Use of the Stickytape App is subject to these Terms of Service.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  1. ABN means Australia Business Number.
  2. Account means a registered account within the Stickytape App.
  3. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in New South Wales, Australia.
  4. Circle means a group created via the Stickytape App for general communication.
  5. Company means Kitty Ventures Pty Ltd ABN 35 619 510 182.

  6. Confidential Information means any written or verbal information that:

    1. Any information deemed as confidential under these Terms of Service;
    2. A party informs the other party that it considers it confidential and/or proprietary;
    3. A party would reasonably consider to be confidential in the circumstances; and
    4. Is personal information within the meaning of the Privacy Act and GDPR.

    but does not include information that a party can establish:

    1. Was in the public domain at the time it was given to that party;
    2. Became part of the public domain, without that party’s involvement in any way, after being given to the party;
    3. Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
    4. Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
  7. Contact means any contacts on the User’s mobile device.
  8. Event means a group created via Stickytape for a particular event or experience.
  9. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  10. Stickytape means the “Stickytape” messaging app developed by the Company and accessible from a Mobile Application Marketplace from time-to-time.
  11. Member means a User that has been added to a particular Circle or Event.
  12. Message means any communication that is sent via Stickytape by Users.
  13. Mobile Application Marketplace an online marketplace for access to Stickytape and other applications for mobile devices, such as the App Store and Google Play.
  14. Organiser means a User that has created a particular Circle or Event.
  15. Personal Information has the same meaning as in the Privacy Act.
  16. Privacy Act means the Privacy Act 1988 (Cth).
  17. Privacy Policy means the Company’s privacy policy as updated from time-to-time.
  18. Stitched Message means a video created by a User by editing and combining selected Messages within Stickytape.
  19. Terms of Service means the terms and conditions of using Stickytape as updated from time-to-time.
  20. User means any user of Stickytape that holds an Account.
  21. User Content means images, information, documents or other data that is uploaded or input into Stickytape by the User or that forms part of the User’s Intellectual Property, but does not include statistical, analytical or other non-personal derivative data generated by use of Stickytape.
  22. User Profile means a User’s personal profile for their Account as updated from time-to-time.
USING the Stickytape App

General

  1. To access and use Stickytape, the User must:

    1. Download Stickytape to their mobile device from a Mobile Application Marketplace;
    2. Agree to these Terms of Service and the Privacy Policy; and
    3. Set up an Account by verifying their mobile number by entering a unique access code provided by Company.
  2. There shall be no fees payable to register an Account and start using Stickytape.
  3. Users must not be less than 13 years of age.
  4. The User agrees that all use of Stickytape is subject to these Terms of Service and must immediately cease to use Stickytape if the User can no longer agree or adhere to these Terms of Service.
  5. The Company may suspend the Account or restrict the access of any User that breaches these Terms of Service.
  6. The licence granted under these Terms of Service shall be ongoing until terminated in accordance with these Terms of Service

Features

  1. Subject to any features limited to Organisers only, Stickytape allows a User to:

    1. Create, edit, review and send Messages;
    2. Receive and reply to Messages;
    3. Create and share Stitched Message;
    4. Create and delete Circles;
    5. Create, customise and delete Events;
    6. Add and remove Members;
    7. Receive and mute notifications;
    8. Invite, block and report Contacts;
    9. Create and edit User Profile;
    10. Access and use such other features made available by the Company from time-to-time.
  2. A User can create and be a Member of multiple Circles and Events via the same Account.

Conduct

  1. The User agrees to use Stickytape in accordance with these Terms of Service, and any instructions provided by the Company and/or within Stickytape from time-to-time.

  2. The User acknowledges and agrees that the Company accepts no responsibility for:

    1. The conduct and activities of any User;
    2. Any interaction between Users, whether that interaction occurs within Stickytape or not;
    3. The content of any Messages; and
    4. Any decisions or action taken by a User in connection with Messages received via Stickytape.

Reporting

  1. If a User believes that another User’s behaviour is threatening, discriminatory, or deliberately offensive, the User should:

    1. Block the User so they can no longer contact them via Stickytape; and
    2. Report the User within Stickytape and/or lodge a complaint by sending an email to support@Stickytape.app
  2. The Company may suspend or delete an Account that the Company determines has engaged in conduct that is in breach of these Terms of Service or otherwise inappropriate in its complete discretion. The Company’s decision is final and not subject to review.
  3. The Company will advise the User of its decision to suspend or terminate their Account but is under no obligation to identify a complainant.
  4. The Company’s decision whether or not to suspend or remove a User account is at its absolute discretion. The Company’s decision shall be final and not subject to review.

Privacy

Subject to any Stitched Messages made public by an Organiser, Messages will be kept private within the Circle or Event (as the case may be) in which the Message was sent to by the User and cannot be downloaded, exported and/or otherwise shared by other Users via Stickytape.

User Content

    The User acknowledges and agrees that:

  1. User Content is the sole responsibility of the User;
  2. All information input into Stickytape by a User is provided with that User’s consent;
  3. To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content; and
  4. The Company shall not access, use, modify or otherwise deal with User Content except where required by compulsion of law or upon the User’s authority (such as to provide support for Stickytape).
General conditions

Licence

  1. By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use Stickytape for the duration of these Terms of Service, in accordance with these Terms of Service.
  2. The Company may issue the licence to the User on the further terms or limitations as it sees fit.
  3. The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of these Terms of Service by the User.

Modification of Terms

  1. The terms of these Terms of Service may be updated by the Company from time-to-time.
  2. Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Stickytape.
  3. The modified terms shall come into effect the next time the User accesses Stickytape following notice of the updated terms.

Software-as-a-Service

  1. The User agrees and accepts that Stickytape is:

    1. Hosted on servers managed by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
    2. Managed and supported exclusively by the Company from the servers managed by the Company and that no ‘back-end’ access to Stickytape is available to the User unless expressly agreed in writing.
  2. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Stickytape.
  3. The Company shall not exercise its rights under clause (b) in a manner that would intentionally cause the User to lose access to User Data or fundamentally decrease the utility of Stickytape to the User, other than in accordance with the terms of this Agreement.

Use & Availability

  1. The User agrees that it shall only use Stickytape for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
  2. The User is solely responsible for the security of its username and password for access to Stickytape. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Stickytape account.

  3. The User agrees that the Company shall provide access to Stickytape to the best of its abilities, however:

    1. Access to Stickytape may be prevented by issues outside of its control; and
    2. It accepts no responsibility for ongoing access to Stickytape.

Support

  1. The Company shall provide reasonable support services via Stickytape in the manner agreed with and/or notified in writing to the User from time-to-time.
  2. The Company reserves the right to require the payment of reasonable fees for non-standard support requests prior to the provision of such support.
  3. The User should notify the Company of any difficulties or problems they may experience with Stickytape as soon as practicable.

Privacy

  1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for Personal Information that it collects about the User.
  2. The Privacy Policy does not apply to how the User handles Personal Information. If necessary under the Privacy Act, it is the User’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
  3. Stickytape may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

Data

  1. Security. The Company takes the security of Stickytape and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
  2. Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.

Intellectual Property

  1. Trade marks. The Company has moral and registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
  2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Stickytape.

  3. Stickytape. The User agrees and accepts that Stickytape is the Intellectual Property of the Company and the User further warrants that by using Stickytape the User will not:

    1. Copy Stickytape or the services that it provides for the User’s own commercial purposes; and
    2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Stickytape or any documentation associated with it.
  4. Content. All content (excluding User Content) submitted to the Company, whether via Stickytape or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Stickytape.

Third Party Dependencies

The User agrees and acknowledges that Stickytape has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.

Confidentiality

  1. The Company agrees to keep all User Content in the strictest confidence, and to the extent User Content is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.

  2. Each party acknowledges and agrees that:

    1. The Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
    2. It owes an obligation of confidence to the Discloser concerning the Confidential Information;
    3. It must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
    4. All Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
    5. Any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.

  3. A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:

    1. Any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
    2. Any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
    3. Any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.

  4. The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:

    1. Any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
    2. Any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.

Liability & Indemnity

  1. The User agrees that it uses Stickytape at its own risk.
  2. The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
  3. The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with Stickytape, including any breach by the User of these Terms of Service.
  4. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Stickytape, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.

  5. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

    1. The re-supply of services or payment of the cost of re-supply of services; or
    2. The replacement or repair of goods or payment of the cost of replacement or repair.

Termination

  1. Either party may terminate this Agreement by giving the other party written notice and/or cancelling an Account.
  2. Termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of termination.

Dispute Resolution

  1. If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:

    1. Includes or is accompanied by full and detailed particulars of the Dispute; and
    2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
  2. Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
  3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
  4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
  5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

Electronic Communication, Amendment & Assignment

  1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
  2. The User can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the User of a change of details from time-to-time.
  3. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
  4. A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
  5. Notices must be sent to the parties’ most recent known contact details.
  6. The User may not assign or otherwise create an interest in these Terms of Service.
  7. The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.

General

  1. Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
  2. Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.
  3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
  4. Relationship. The relationship of the parties to these Terms of Service does not form a joint venture, agency or partnership.
  5. Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  6. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
  7. Governing Law. These Terms of Service is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
  8. Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.

  9. Interpretation. The following rules apply unless the context requires otherwise:

    1. Headings are only for convenience and do not affect interpretation.
    2. The singular includes the plural and the opposite also applies.
    3. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
    4. A reference to a clause refers to clauses in these Terms of Service.
    5. A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
    6. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
    7. A reference to a party to these Terms of Service or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
    8. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
    9. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

END TERMS OF SERVICE