Terms & Conditions for using rocqup

1.                    USER AGREEMENT

1.1               By using the Rocqup Pty Ltd (ACN 601 023 269) (rocqup) websites, and its Apps, mobile sites and social media pages (Website) you accept these terms and conditions (Agreement) and our Privacy Policy.

1.2               This Agreement is between you and rocqup (referred to in this Agreement as “we”, “us” or “our”).

1.3               We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

2.                   REGISTRATION AND USER REQUIREMENTS

2.1               You must be a registered member to place bookings and access some features of the Website. You will provide us with personal information including your name, address, contact number, and a valid email address. You must ensure this information is accurate and current.

2.2               By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time.

2.3               To register an account and use the Website you must be at least 18 years old, and have capacity to enter into a legally binding agreement with us.

3.                   PRIVACY AND PERSONAL INFORMATION

Our Privacy Policy will govern how we will use or disclose any personal information that you disclose to us. You should review our Privacy Policy.

4.                   ACCESS AND THE USE OF THE WEBSITE

4.1               You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.

4.2               You must not (or attempt to):

4.2.1         interfere or disrupt our Website or the servers or networks that we use;

4.2.2         use data mining, robots, screen scraping or similar data gathering and extraction tools;

4.2.3         interfere with security-related or other features of our Website; or

4.2.4         use, copy or distribute the content on our Website without our express permission.

4.3               We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our own.

5.                   SECURITY

5.1               You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

5.2           You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

5.3               We may refer fraudulent or abusive or illegal activity to the relevant authorities.

6.                   SOCIAL MEDIA

6.1            In this Agreement our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user-generated material are collectively referred to as “Social Media”.

6.2               Access to our Social Media is available to our members and the general public.

6.3              You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (content) posted on, transmitted through or linked from our Social Media, is the sole responsibility of the person from whom such content originated.

6.4              You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.

6.5               If you use our Social Media pages, you will be responsible for content you post on the pages, and you must not post content that:

6.5.1         breaches the terms of use of the relevant social media service provider;

6.5.2         is defamatory or in contempt of legal proceedings;

6.5.3         is misleading or deceptive;

6.5.4         is offensive or discriminatory in any way or form;

6.5.5         contains religious or political material;

6.5.6         is indecent, obscene or pornographic;

6.5.7         infringes any third party intellectual property rights;

6.5.8         contains:

(a)                  any promotional or advertising material;

(b)                  or links to computer viruses, malware, spyware or similar software.

6.6               We will not be held responsible for third party posts on our social media pages.

6.7             We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.

6.8            You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

7.                   INFORMATION ON OUR WEBSITE

7.1         Information about services on the Website is based on material provided by third party service providers, suppliers (if any) and product manufacturers (if any). Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

7.2             You agree to make your own enquiries to verify information provided and to assess the suitability of services before you place a booking for the services.

7.3            Due to photographic and screen limitations associated with the representation of goods and services, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.

8.                   DISCLAIMER

8.1              To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

8.1.1         errors, mistakes or inaccuracies on the Website or our Social Media pages;

8.1.2        you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;

8.1.3         personal injury or property damage of any nature resulting from your access to or use of the Website;

8.1.4         any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

8.1.5         any interruption or cessation of transmission to or from the Website;

8.1.6         any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

8.1.7         the quality of any product or service of any linked sites.

8.2              We do not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.

9.                   LIABILITY

9.1               Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

9.2               Except as required by law, in no event shall we, our affiliates and related entities be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws, which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

9.3               Some services provided by merchants may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking of any such services you should inform yourself of the risks and/or specific skills or qualifications involved.

9.4               It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if the service merchant to be insured or to have insurance coverage that covers you in respect of the provision of their services, prior to proceeding with any booking or services. rocqup accepts no liability in this regard.

10.               INDEMNITY

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

11.               MAKING A BOOKING

11.1           You are responsible for all bookings placed on your account, including for any discrepancies or errors in your booking caused by you.

11.2           We may reject your booking, including in circumstances where we believe there may be a credit card fraud, or where we later become aware that the service merchant is unable to fulfil the booking, or if there has been an error in the price or service description on the Website.

12.               INTELLECTUAL PROPERTY

12.1        We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

12.2           Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

12.3           You may not:

12.3.1      modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or

12.3.2      decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

12.4          If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

13.               SERVICE PROVIDER

If you are a service provider that advertises its services via our Website this Agreement must be read in conjunction with our Rocqup Pty Ltd – Service Provider Terms and Conditions.

14.               GENERAL

14.1           Some of the terms and conditions of this Agreement are applicable to:

14.1.1      our service providers;

14.1.2      general users;

14.1.3      all users of the Website; and

and you agree to abide by all terms and conditions of this Agreement as apply to you given the nature of your use of the Website.

14.2           We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

14.3         This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

14.4           If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

14.5           If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

14.6           You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party we shall be:

14.6.1      permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

14.6.2      entitled to assign the benefit of any agreements we have with you to the third party.