These Terms and Conditions (Terms) govern your access and use of the Wombee mobile application (App) and www.wombee.com (collectively the Services), which are provided by Wombee Australia Pty Ltd (Wombee, we, us, or our). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
Please be advised that once you access, view or use the Services, you will be legally bound by these Terms.
2.1. Prior to accessing or using the Services, you are required to register for an account (“Account”) in accordance with the following conditions:
(i) Minimum Age Requirement
You must be at least 18 years of age to register for and use the Services. By creating an Account, you represent and warrant that you meet this minimum age requirement. Wombee reserves the right to request proof of age at any time and may suspend or terminate your Account if you are found to be underage.
(ii) Legal Capacity
By registering for an Account and using the Services, you represent and warrant that you have the full legal capacity and authority to enter into a binding contract under all applicable laws and regulations. If you do not have such capacity, you must not use the Services.
(iii) Prohibition on Duplicate Accounts
You are strictly prohibited from creating or maintaining more than one Account, except where expressly authorised in writing by Wombee for technical or operational reasons. Wombee reserves the right to determine, in its sole discretion, whether multiple Accounts have been created in breach of this provision and to take appropriate action, including suspension or termination of any or all related Accounts.
(iv) Right to Suspend or Terminate Accounts
Wombee reserves the absolute right, at its sole discretion and without prior notice, to suspend, disable, or permanently terminate any Account that is found to be in violation of these Terms, or where Wombee reasonably suspects that an Account has been used in a manner contrary to the interests of Wombee, the integrity of the Services, or applicable law. Wombee shall not be liable to you or any third party for any loss or damage arising from such suspension or termination.
2.2. You can submit an Account deletion request at any time by navigating to the dashboard section within the app, clicking on your avatar to access your account settings, and selecting the “Delete Account” option. Your Account deletion request will be submitted immediately, though it may take some time for all your profile and content to be completely removed from the app and our systems.
3.1. You are strictly prohibited from using another person’s Account to access or use the Services, and you must not permit any other person to access or use your Account, unless you have obtained the express prior written consent of Wombee. Each Account is intended to be used solely by the individual to whom it is registered, and sharing your login credentials or otherwise allowing third parties to access your Account is a breach of these Terms.
3.2. Wombee reserves the right to monitor Account usage and, where it has reasonable grounds to suspect unauthorised use or Account sharing, may take any action it deems appropriate. Such action may include, without limitation, the immediate suspension or termination of the relevant Account(s), and/or the implementation of additional security measures to protect the integrity of the Services.
3.3. You acknowledge and agree that you are solely responsible for all activity conducted through your Account, whether or not such activity was authorised by you. Wombee accepts no liability for any loss or damage arising from your failure to comply with this clause.
4.1. Wombee reserves the right, at its sole discretion, to verify the identity of any user at any time in order to maintain the integrity, safety, and trustworthiness of the Services. This may include, but is not limited to, requesting supporting documentation or information (such as government-issued identification, proof of address, or other relevant materials) to confirm the accuracy of information provided during registration or use of the Services.
4.2. If Wombee determines, or has reasonable grounds to suspect, that any account has been created using false, misleading, or incomplete information, or that a user is impersonating another individual or entity, Wombee may take any action it deems appropriate, including, without limitation, the immediate suspension or termination of the account, removal of content, restriction of access to certain features, or reporting the matter to relevant authorities.
4.3. You acknowledge and agree that Wombee is not liable for any loss or damage arising from any action taken in accordance with this clause, and that you are required to cooperate fully with any identity verification procedures as a condition of continued access to the Services.
5.1. Wombee does not control, endorse, or take responsibility for the conduct, statements, or actions of any users of the Services. As such, you acknowledge and agree that you are solely responsible for your interactions, communications, and relationships with other users of the Services, whether conducted within the App, on the Website, or through any other means facilitated by the Services.
5.2. You should exercise appropriate caution, discretion, and judgment in all interactions with other users, including when sharing personal information or arranging to meet in person. Wombee does not conduct background checks or otherwise verify the identity, age, or suitability of users, and makes no representations or warranties regarding the conduct or intentions of any user.
5.3. To the fullest extent permitted by law, Wombee disclaims all liability for any loss, damage, injury, or harm arising out of or in connection with your interactions with other users, whether online or offline. You agree to take all necessary precautions in all communications and interactions with other users, particularly if you decide to meet in person.
6.1. You agree as follows:
(i) Responsibility for Account Security
You are solely responsible for maintaining the confidentiality and security of your login credentials, including your username and password. You must not share your login details with any third party, and you are fully responsible for all activities that occur under your account, whether authorised by you or not. If you become aware of any unauthorised use of your account or any other breach of security, you must notify us immediately.
(ii) Provision of Accurate, Current, and Complete Information
To provide information that is accurate, current, and complete when creating your account and at all other times when using the Services. You further agree to promptly update any information as necessary to ensure its continued accuracy and completeness.
(iii) Compliance with Applicable Laws
You undertake to comply with all applicable laws, regulations, and legal obligations in connection with your use of the Services. This includes, without limitation, compliance with privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws, and any other regulatory requirements relevant to your use of the Services.
(iv) Use of Real Identity
You agree to use your true and correct legal name and accurate age when creating your account and, in all information, provided on your profile. You must not impersonate any other person or entity or otherwise misrepresent your identity or age in any manner.
(v) Use of the Services
You agree to use the Services in a professional and respectful manner at all times. This includes conducting yourself with integrity, courtesy, and respect towards other users, and refraining from any conduct that could bring the Services or Wombee into disrepute.
6.2. You must not, whether directly or indirectly:
(i) Use the Services for any unlawful purpose
Engage in any activity through the Services that violates any applicable law, regulation, or legal obligation, including but not limited to criminal, civil, or regulatory requirements.
(ii) Modify, adapt, translate, or reverse engineer any part of the Services
Alter, adapt, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying structure, ideas, or algorithms of any part of the Services, except to the extent expressly permitted by law.
(iii) Use the Services to transmit any harmful or disruptive code
Upload, post, transmit, or otherwise make available any viruses, worms, malware, trojan horses, time bombs, or any other harmful or disruptive code or files through the Services.
(iv) Use the Services in a way that could damage, disable, overburden, or impair our servers or networks
Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the infrastructure of the Services, or interfere with or disrupt the integrity or performance of the Services, servers, or networks connected to the Services.
(v) Act in an unlawful or unprofessional manner, including being dishonest, abusive, or discriminatory
Engage in conduct that is unlawful, unethical, or otherwise inappropriate, including but not limited to providing false or misleading information, using abusive language, harassing others, or engaging in discriminatory behaviour on the basis of race, gender, religion, nationality, disability, sexual orientation, or any other protected characteristic.
(vi) Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity
Falsely represent yourself, your age, your employment history, qualifications, or any affiliations with individuals or organisations, or otherwise provide misleading or inaccurate information through the Services.
(vii) Disclose information that you do not have the consent to disclose
Share, post, or otherwise disclose any confidential, proprietary, or personal information of any third party without having obtained all necessary consents, authorisations, or permissions to do so.
(viii) Stalk or harass any other users
Engage in any form of stalking, harassment, intimidation, or threatening behaviour towards other users of the Services.
(ix) Create or operate a pyramid scheme, fraud, or other similar practice
Establish, promote, or participate in any fraudulent scheme, pyramid scheme, or other deceptive or unlawful business practice through the Services.
(x) Develop, support, or use software, devices, scripts, robots, or other means to scrape or exfiltrate data from the Services
Develop, support, or utilise any software, devices, scripts, robots, crawlers, browser plugins, add-ons, or any other technology or process to scrape, extract, harvest, or otherwise collect data, profiles, or other information from the App or Services, or to copy, reproduce, or otherwise misuse any content or data available through the Services.
(xi) Scrape or replicate any part of the Services
Scrape or replicate any part of the Services without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
6.3. By using the Services, you acknowledge, the App may include links to third-party websites or resources. You acknowledge and agree that we are not responsible for:
(i) The availability or accuracy of such websites or resources; or
(ii) The content, products, or services offered by these websites or resources.
6.4. Links to these websites or resources do not imply any endorsement. You assume sole responsibility and all risks associated with your use of any such websites or resources. Framing, in-line linking, or other methods of association with the App and the Services are expressly prohibited without obtaining our prior written consent.
7.1. Wombee uses a freemium model, offering some features at no cost, while access to premium features requires payment.
7.2. The Services may be available on a subscription basis (Subscription). By subscribing, you agree to pay the subscription fee specified at the time of purchase. The Subscription will automatically renew unless cancelled.
7.3. The Services may offer additional features or content for purchase. Purchases are subject to the terms and conditions of the respective platform (e.g., Apple App Store, Google Play Store, or our website).
7.4. All payments for Subscriptions and purchases will be processed through the respective platform. You agree to provide accurate and complete payment information and to keep your payment information up to date.
7.5. You may cancel your Subscription at any time through the settings in your account on the respective platform. Cancellation will take effect at the end of the current billing period.
7.6. Payments are non-refundable unless mandated by Australian Consumer Law.
7.7. If you sign up for a free trial and do not cancel, your trial may convert into a Subscription and your payment method will be charged at the then-current price for such Subscription. Once your free trial converts to a subscription, your Subscription will continue to automatically renew at the end of each period, and your payment method will be charged, until you cancel. To avoid charges for a new Subscription period, you must cancel before the end of the then-current Subscription period or free trial period as described above.
7.8. Please be advised deleting your account or deleting the application from your device does not cancel your free trial
7.9. If you have signed up for a free trial for the Services through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a Subscription and charged as described in this paragraph.
8.1. Assumption of Risk
By participating in any meetups, gatherings, or events that are organised, facilitated, or promoted through the Services (collectively, “Events”), you acknowledge and accept that you do so voluntarily and entirely at your own risk. You agree to conduct yourself in a respectful, courteous, and lawful manner at all times during such Events, and to comply with all applicable laws and regulations.
8.2. Limitation of Liability
To the fullest extent permitted by law, Wombee expressly disclaims any and all liability for any loss, damage, injury, or inconvenience that you may suffer as a result of your attendance at or participation in any Event. You acknowledge and agree that you are solely responsible for your own safety, health, and well-being during all Events, and that you must take all necessary precautions to protect yourself and your property.
8.3. Third-Party Venues
Events may be held at venues or locations operated by third parties. You agree to comply with all terms, conditions, policies, and rules imposed by such third-party venue operators. Wombee does not control, and is not responsible for, the actions, omissions, or conduct of any third-party venue operators, their staff, or any other persons present at the venue.
8.4. Prohibited Conduct
You must not engage in any behaviour during Events that is harmful, threatening, abusive, harassing, disruptive, or otherwise objectionable to other participants, venue staff, or members of the general public. Wombee reserves the right to take any action it deems appropriate in response to any breach of this clause, including removal from the Event and/or suspension or termination of your Account.
8.5. Event Changes and Cancellations
Wombee reserves the right, at its sole discretion and without liability, to cancel, postpone, reschedule, or otherwise modify any Event at any time. While Wombee will endeavour to provide reasonable notice of any such changes, it does not guarantee that notice will always be possible or timely.
8.6. Insurance
Wombee does not provide, arrange, or maintain any insurance coverage for participants in Events, including but not limited to personal accident, health, property, or liability insurance. You are solely responsible for obtaining and maintaining any insurance coverage you deem necessary or appropriate in connection with your participation in any Event.
8.7. Reporting Concerns
If you have any concerns, complaints, or feedback regarding an Event, you are encouraged to report such matters to Wombee promptly using the contact information provided in these Terms. Wombee will review all reports in accordance with its policies and may take any action it considers appropriate.
9.1. There are three types of content that you will be able to access while using the Services:
(i) content that you upload and provide (Your Content);
(ii) content that members provide (Member Content); and
(iii) content that the Wombee provides (including, without limitation, database(s) and/or software) (Our Content).
Please note that there is certain content we can’t allow for using the Services.
9.2. Restricted Content
We want our users to be able express themselves as much as possible and post all sorts of things, but we have to impose restrictions on certain content which:
(i) contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity physical appearance);
(ii) is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
(iii) is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
(iv) encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
(v) is defamatory or libellous;
(vi) relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
(vii) involves the transmission of “junk” mail or “spam”
(viii) contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from us or otherwise;
(ix) itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
(x) shows another person which was created or distributed without that person’s consent;
(xi) is harmful to minors; or
(xii) impersonates any other person, including falsely stating your name.
9.3. Your Content
(i) You agree that Your Content must comply with our guidelines as provided by us from time to time and , as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
(ii) You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
(iii) As the platform provided by Wombee is a public community, Your Content will be visible to other users of the Services – so please make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to use the Services (e.g. individuals who receive a link to a user’s profile or shared content from other Services Users).
(iv) By uploading Your Content on the Services, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
(v) We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
(vi) We do not have any obligation to store Your Content - if it’s important, you should make a copy.
(vii) So that we can prevent the unconsented use of Your Content by other members or third parties outside of the Services, you authorise us to act on your behalf with respect to such infringing and/or unauthorised uses. This expressly includes the authority, but not the obligation, for us to send takedown notices on your behalf if Your Content is taken and used by third parties outside of the Services.
(viii) By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and distribute Your Content in connection with the Services.
9.4. Member Content
(i) Other members using the Services will also share their content. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the Services at the direction of the user providing the Member Content.
(ii) You do not have any rights in relation to other users’ Member Content, and you may only use other users’ personal information to the extent that your use of it matches the purpose of the Services of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
9.5. Our Content
(i) Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Services, are owned, controlled or licensed by the Wombee and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
(ii) We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:
(a) you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the Services;
(b) you shall not use our name in metatags, keywords and/or hidden text;
(c) you shall not create derivative works from Our Content or scrape, disable, decompile, analyse or in any way commercially exploit Our Content, in whole or in part, in any way; and
(d) you shall use Our Content for lawful purposes only.
We reserve all other rights.
9.6. No Obligation to Pre-Screen Content
(i) As Wombee operates as an online community, we generally seek to foster open communication and user autonomy. Accordingly, we do not undertake, and expressly disclaim, any obligation to pre-screen, monitor, or review Your Content and any other Member Content that they upload, post, transmit, or otherwise make available through the Services. This includes, but is not limited to, content shared publicly or privately, such as direct messages between users.
(ii) Notwithstanding the foregoing, Wombee reserves the right, at its sole discretion and at any time, to review, pre-screen, refuse, or remove any Member Content or Your Content for any reason, including where such content is, or is alleged to be, in breach of these Terms, applicable laws, or the rights of any third party, or where it is otherwise deemed inappropriate or objectionable by Wombee. This right extends to all content exchanged between users, including content shared via direct or private messaging features within the Services.
(iii) You acknowledge and agree that Wombee may exercise these rights without prior notice to you and without incurring any liability to you or any third party. Wombee’s decision to review, pre-screen, refuse, or remove content does not create any obligation on Wombee to monitor the Services or to take any particular action with respect to any content. You remain solely responsible for all content that you upload, post, or transmit through the Services.
10. Commitment to a Safe and Supportive Environment
10.1. In order to foster a safe, respectful, and supportive environment for all users of the Services, you expressly agree to comply with the following obligations:
(i) Respectful Conduct
You must act with kindness, courtesy, and respect towards all users of the Services at all times. You must not engage in any form of bullying, harassment, hate speech, or discriminatory behaviour, whether based on race, gender, religion, nationality, disability, sexual orientation, or any other protected attribute. Any conduct that is abusive, threatening, or intended to cause distress to others is strictly prohibited.
(ii) Protection of Personal Information
You must not disclose, share, or publish any personal information relating to another individual without first obtaining their explicit and informed consent. This includes, but is not limited to, names, contact details, addresses, photographs, or any other information that could reasonably identify an individual. You must also comply with all applicable privacy laws and regulations in relation to the handling of personal information.
(iii) Prohibition on Unsolicited Content
You must not send, post, or otherwise distribute unsolicited promotions, advertisements, marketing materials, or any content that is irrelevant to the purpose of the Services. The use of the Services for spamming, phishing, or any other form of unsolicited or disruptive communication is strictly prohibited.
(iv) Compliance with Laws and Prohibition on Unlawful Content
You must not use the Services to engage in any illegal activities or to share, upload, or distribute any content that is unlawful, offensive, defamatory, obscene, or otherwise in breach of any applicable law or regulation. This includes, but is not limited to, content that infringes intellectual property rights, promotes violence, or incites criminal activity.
(v) Reporting Violations
You are encouraged and expected to use the in-app reporting feature to promptly report any conduct or content that you believe violates these Terms or undermines the safety and integrity of the Services. Wombee will review all reports in accordance with its policies and may take any action it deems appropriate, including the removal of content or suspension or termination of Accounts.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information at www.wombee.com/privacypolicy
12.1. We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@wombee.com
12.2. The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read our Privacy Policy.
13.1. If you downloaded the App from the Apple App Store or Google Play Store, you agree that your use of the App is also governed by the terms and conditions of the respective app store. This includes any applicable usage rules and policies set forth by Apple or Google.
13.2. You acknowledge that Apple and Google are not responsible for providing any support or maintenance services for the App.
13.3. All payments made through the Apple App Store or Google Play Store are subject to the payment and refund policies of the respective platform. We do not have control over these policies, and any requests for refunds must be directed to Apple or Google, as applicable.
13.4. The App may include or provide access to third-party services, content, or interactions. We do not endorse, control, or assume any responsibility for any third-party services or content, including their accuracy, legality, or quality. Your interactions with third parties are solely between you and the third party, and you agree that we are not liable for any loss or damage incurred as a result of such interactions.
14.1. Disclaimer of Warranties
The App, website, Our Content and the Member Content are made available to you strictly on an “as is” and “as available” basis. Wombee makes no representations or warranties of any kind, express or implied, with respect to the App, website, Our Content, or Member Content, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Without limiting the generality of the foregoing, Wombee does not warrant or guarantee that any matches, connections, or interactions facilitated through the Services will be compatible, successful, or meet your expectations, nor does Wombee warrant that the Services will be uninterrupted, timely, secure, or error-free.
14.2. Statutory Warranties
If and to the extent that applicable law does not permit the exclusion of express or implied warranties as set out above, then Wombee grants only the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Wombee or through the Services shall create any warranty, representation, or guarantee not expressly stated in this section.
14.3. No Guarantee of Performance or Accuracy
Wombee does not warrant or represent that the App, Website, Our Content, Member Content, or any part thereof will be uninterrupted, secure, or free from errors, viruses, or other harmful components. Wombee does not guarantee that your use of the App or Website will meet your requirements or expectations, or that any content, information, or materials provided through the Services will be accurate, reliable, or complete. Your use of the App, Website, and all related content is entirely at your own risk. You are solely responsible for your interactions, communications, and relationships with other Members.
14.4. No Responsibility for User Conduct or Background Checks
Wombee does not control, endorse, or take responsibility for the conduct, actions, or statements of any user of the Services. Wombee does not conduct criminal background checks, identity verification, or screening of its members, and makes no representations or warranties regarding the character, intentions, or veracity of any user. You are solely responsible for exercising appropriate caution and judgment in all interactions with other users, both online and offline. Wombee reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.
15.1. To the fullest extent permitted by applicable law, in no event will Wombee, its affiliates, employees, licensors, or service providers be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Services, Our Content, or any Member Content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
15.2. The foregoing shall apply even if we were advised of the possibility of such damage. If you become dissatisfied in any way with the Services, your sole and exclusive remedy is to stop your use of the Services.
15.3. Users assume full responsibility for any risks associated with engaging in meet-ups, interactions, and sharing personal information within the community.
15.4. Our total liability to you for any claim related to Wombee will not exceed the amount paid by you in the previous six months for our Services, or AUD $100, whichever is lower.
15.5. Nothing in these Terms limits liability where it cannot be legally excluded, including under Australian Consumer Law.
16.1. You agree to indemnify, defend, and hold harmless Wombee, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, and expenses, including but not limited to legal fees and costs, arising out of or in connection with:
(i) Any breach of these Terms by you;
(ii) Any negligence, willful misconduct, or fraudulent acts by you or your representatives;
(iii) Any third-party claims related to your use of the Services;
(iv) Any infringement of intellectual property rights by you in connection with the Services.
16.2. Wombee shall promptly notify you in writing of any claim or action for which it seeks indemnification. You shall have the right to control the defence and settlement of such claim, provided that Wombee may participate in the defence with counsel of its own choosing at its own expense. You shall not settle any claim without Wombee’s prior written consent, which shall not be unreasonably withheld.
16.3. To the extent permitted by law, you agree to, and hereby do, release Wombee and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the app.
16.4. The indemnity obligations set forth in this clause shall survive the termination or expiration of these Terms.
17.1. All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in the Services and their content (excluding Your Content) are owned by Wombee or its licensors. You acknowledge that you do not acquire any ownership rights by using the Services.
17.2. Wombee grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for personal, non-commercial purposes, subject to these Terms. This licence does not include any rights to modify, distribute, or create derivative works based on the Services.
17.3. You agree not to:
(i) Copy, reproduce, or distribute any part of the Services without prior written consent from Wombee.
(ii) Use any trademarks, logos, or service marks displayed in the Services without the express permission of Wombee or the respective third-party owner.
(iii) Reverse engineer, decompile, or disassemble any part of the Services.
(iv) By submitting Your Content, you grant Wombee a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and distribute Your Content in connection with the Services. You represent and warrant that you have the necessary rights to grant this licence.
17.4. The Services may include content provided by third parties. All rights in such content are reserved to the respective third-party owners, and you agree to comply with any additional terms and conditions applicable to such content.
17.5. If you believe that your intellectual property rights have been infringed by content on the Services, please contact us with a detailed description of the alleged infringement, and we will investigate the matter promptly.
18.1. We use a combination of automated systems and a team of moderators to monitor and review Accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the Services, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice
(i) for violating these Terms;
(ii) due to your conduct while using the Services, or your conduct with other users of the Services (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper;
(iii) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or
(iv) for any reasons whatsoever that we deem, in our sole discretion, justifies termination.
18.2. You may terminate your use of the Services at any time by deleting the App from your device, ceasing use of the website, and cancelling any subscriptions through your account.
18.3. Upon termination of your account or access to the Services, your right to use the Services will immediately cease. You must discontinue all use of the Services and delete any copies of the App from your devices.
18.4. We reserve the right to delete or deactivate your account and all related data, including Your Content, from our systems. However, we may retain certain information as required by law or for legitimate business purposes.
18.5. Termination does not relieve you of any obligation to pay any outstanding fees or charges incurred prior to termination. You remain responsible for any such fees.
18.6. Any provisions of these Terms that by their nature should survive termination shall continue to apply, including but not limited to intellectual property rights, indemnity, disclaimers, and limitations of liability.
18.7. We shall not be liable to you or any third party for any termination of your access to the Services or deletion of your data, provided such termination or deletion complies with these Terms.
18.8. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for. You may not access, tamper with, or use non-public areas of the Services or our systems. Certain portions of the Services may not be accessible if you have not registered for an Account.
18.9. If your account is terminated, you may not be able to reactivate it or retrieve any data associated with it. Any attempt to create a new account may be subject to our approval and applicable terms.
19.1. In the event of any dispute arising out of or in connection with these Terms or the use of the Services, the parties agree to first attempt to resolve the dispute through informal negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation in accordance with the rules of the Australian Disputes Centre. If the dispute is not resolved through mediation, it shall be submitted to the courts of New South Wales for resolution.
19.2. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under or in connection with these Terms.
20.1. We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Services.
20.2. We will notify you of significant changes to these Terms by posting a notice on the Services or by sending an email to the address associated with your account. It is your responsibility to review these Terms periodically for any updates or changes.
20.3. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must stop using the Services and may terminate your account as provided in these Terms.
20.4. Any amendments to these Terms will be documented with the date of the last update. We encourage you to review these Terms regularly to stay informed about any changes.
21.1. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
21.2. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
21.3. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
21.4. We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
If you have any questions, concerns, or feedback regarding these Terms or the Services, please contact us at support@wombee.com. Our customer support team at Wombee is available to assist you with any issues during business hours. We welcome your feedback and suggestions to improve our Services, and you can report any technical difficulties or violations of these Terms to us promptly.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions referenced herein. You confirm that you have the legal capacity to enter into this agreement and that you will comply with all applicable laws and regulations while using the Services. Your continued use of the Services signifies your acceptance of any updates or modifications to these Terms.