bridge Terms and Conditions

Terms of Service

IMPORTANT: Please read the following bridge™ Terms of Service carefully before downloading and/or using the bridge™ App, using the bridge™ service or accessing the bridge™ Website. This document sets out the terms of a legal agreement between you and us.

Accepting the terms
1. By downloading, accessing and/or using the Services you accept and agree to be bound by these Terms of Service between you and bridge Pty Ltd (ACN: 163 158 736) of 16 Yulong Close, Moorebank, New South Wales, 2170, Australia (“we”, “us”, “our” and other similar expressions).
2. You must not use the Services and must not accept these Terms of Service if you are not 18 years or older, or if you do not have the capacity to form a binding contract with us.
3. We may at any time vary the Terms of Service by publishing the varied Terms of Service on the bridge™ Website. You accept that by doing this, we have provided you with sufficient notice of the variation and agree to be bound by the most current version of the Terms of Service published on the bridge™ Website.
The Services
1. The “Services” means collectively: (a) the bridge™ service that permits registered individuals to organise, host or agree to attend a social event (referred to as a “bridge”) via a supported mobile device using the bridge™ App; (b) the bridge™ website whose home page is currently accessible via URL http://www.bridge.com, and includes all related web pages, sub pages and URLs (“bridge™ Website”); and (c) the bridge™ App, which is the application an individual can download onto a supported mobile device in order to access and use the Service (“bridge™ App”); all of which are more accurately described on the bridge™ Website, together with any associated software, upgrades, and documentation provided by us.
2. We may extend, enhance or otherwise modify all or any part of the Services (collectively, “Updates”), but we are not obliged to do so. If we provide you with Updates to the Services, then those Updates will be incorporated into the Services and will be subject to these Terms of Service.
Right to use the Services
1. We grant you a limited non-sublicensable, non-assignable, non-exclusive license to access and use the Services, for your personal purposes, on the terms set out in these Terms of Service and in accordance with any other documentation or instructions supplied by us.
Use of the Services
1. You must not, nor cause or permit a third party to: (a) use the Services in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s rights (including all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other rights (including moral rights) resulting from intellectual activity in the industrial, scientific, literary or artistic fields (“Intellectual Property Rights”)), or which restricts or interferes with our provision of the Services to any other customer or user; (b) reverse engineer, disassemble or decompile all or part of the Services or attempt to derive the source code or structure of the Services (except as and only to the extent any foregoing restriction is prohibited by applicable law); (c) modify, reproduce, or create derivative works of the Services; (d) remove any copyright or other proprietary notices contained in the Services; (e) directly or indirectly export or re-export the Services; (f) remove, circumvent, or interfere with any digital rights management or security tools or other similar technologies available on or in the Services; or (g) use the Services for commercial purposes.
2. You agree that you will not use the Services to: (a) upload or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of unsolicited messages, whether commercial or otherwise; (c) harvest or collect data regarding other users, including e-mail addresses, without their consent; (d) attempt to gain unauthorized access to or interfere with servers or networks connected to or used with the Services or violate the policies of such networks, through hacking, password mining or any other means; (e) harass or interfere with another user’s use and enjoyment of the Services; (f) impersonate any person or entity or misrepresent your relationship to or affiliation with a person or entity; (g) use the Services to post content in violation of the restrictions set out in section 6.2; or (f) engage in any illegal or unlawful activity, whether intentionally or unintentionally.
Registration
1. In order to access and use some features of the Services, you must create an account.
2. You can create an account by using your Facebook profile. You must ensure that that the details in your Facebook profile, including your name, age, geographic location, profile and image, are true and accurate at all times.
3. You must keep your user name and password confidential and secure. You are responsible for all activity through your account. You must notify us of any unauthorised use of your account or any other breach of security.
4. You must not register multiple or fictitious identities.
5. We reserve the right to terminate your account at any time for any reason.
Content
1. The Services enable users to post and communicate profiles and messages (“Content”).
2. You must not post or communicate any Content: (a) that is not original material in which you own copyright, unless you are authorised by the copyright owner to post, publish, transmit or communicate that material on the Services; (b) that violates or infringes upon the rights (including Intellectual Property Rights) of any other person; (c) that is unlawful, threatening, abusive, defamatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature; (d) that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; (e) that contains a virus or other harmful component; (f) that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes
3. We may, but are under no obligation to, monitor or review the Content and we may edit, refuse to post or remove any Content (in whole or in part) that in our sole discretion is in any way objectionable or in violation of any applicable law or these Terms of Service. While we may store Content, we have no obligation to store Content for any period of time or to create or provide you with any copies.
4. Responsibility for the Content rests solely with the person who posts it. You agree that we are only acting as a passive conduit and data processor for the online distribution, publication and communication of Content which you control. Where that Content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them. You may not state or imply that your Content is in any way provided, sponsored or endorsed by us.
5. Content you send to other users will appear on other users’ devices and these communications are also stored in our database. Even if a user removes Content from his or her device or account, copies may remain viewable on the devices of other users to whom the Content was communicated and may remain stored in our database. You should be aware that Content that you send to other users cannot be removed from their devices unless the other user removes the Content. Other users may also share any Content sent to them.
6. You acknowledge that we may use the Content and information derived from the Content to produce a compilation of aggregated data and information, which may include similar data and information from other users of the Services. We own all right, title and interest in and to the aggregated data and information, and may use and commercialise the aggregated data and information at our absolute discretion.
User license to us
1. By posting or communicating any Content, you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to: (a) use, copy, sublicense, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display the Content; and (b) sublicense to any third parties the unrestricted right to exercise any of the rights granted in clause 7.1(a).
2. The license in the previous clause includes the right to exploit all proprietary rights in that Content including but not limited to Intellectual Property Rights.
3. You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that Content. This includes consent to change the Content even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 of the Commonwealth of Australia.
4. At our request and expense, you must execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this
Third Party Content
1. The Services may display, contain links to, or otherwise give you access to third-party communications, content, products, services or websites (“Third-Party Content”) over which we have no control. The Third Party Content is provided for convenience only and may not remain current or be maintained.
2. We do not monitor, investigate, sponsor, endorse, adopt, confirm, guarantee or approve the Third Party Content. We do not control and make no representation about the accuracy, integrity, or quality of Third-Party Content.
3. By using the Services, you may be exposed to content that is offensive, indecent or otherwise objectionable. Your access to and use of Third-Party Content is at your sole discretion and risk. We have no liability to you in connection with your access to and use of the Third-Party Content
bridge™ points
1. When you successfully host or attend a bridge, we may award you with bridge™ points. At present bridge™ points cannot be redeemed, but the intention is to introduce a system that allows you to redeem those points in the future.
2. We may reduce, remove or reset bridge™ points attributed to you at any time at our discretion.
Viruses
1. You must make your own precautions to ensure that the process which you use for accessing the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device or computer system.
2. We do not accept responsibility for any interference or damage to your mobile device or computer system which arises in connection with your use of the Services.
Security
1. We have implemented commercially reasonable technical and organizational measures designed to secure Content and associated data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your Content or associated data for improper purposes.
2. You acknowledge that: (a) all Content and associated data is provided to us at your own risk; and (b) the Services and your Content will be hosted on servers located at a geographic location selected by us in our absolute discretion. We may arrange for a nominated service provider to host the Services and your Content.
Availability
1. While we intend to make the Services available 24 hours a day, seven days a week, we may temporarily limit or suspend the availability of all or part of the Services if it is necessary for reasons of public safety, security or maintenance of the Services, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.
Ownership
1. We (and our licensors, where applicable) own all right, title and interest, including all related Intellectual Property Rights, in and to the bridge™ Website and bridge™ App, excluding your Content. No rights of ownership in or related to the Services, including the bridge™ Website and bridge™ App, are conveyed to you. The bridge™ name and logo belong to us (and our licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. We (and our licensors, where applicable) reserve all rights not granted in these Terms of Service.
Privacy
1. Each of us (ie you and we) must comply with all applicable laws and codes dealing with an individual’s privacy.
2. We collect, store, use and disclose personal information in accordance with our privacy policy.
Disclaimer
1. The Services are provided on an “as-is” and “as available” basis. You agree that your use of the Services is at your sole risk. To the fullest extent permitted by law, we (and our suppliers) expressly disclaim any warranties, conditions or guarantees of any kind, whether express or implied, including the warranties, conditions or guarantees of acceptability, merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty or representation that the Services: (a) will meet your requirements; (b) will be compatible with your device; (c) will be available on an uninterrupted, timely, secure, or error-free basis; (d) will not infringe the Intellectual Property Rights of any person or (e) will be accurate, reliable, complete, legal, or safe.
2. Some jurisdictions do not allow the exclusion of implied warranties, conditions or guarantees, so the above exclusion may not apply to you.
Limitation of liability
1. You agree you do not rely on any representation, warranty, guarantee or other provision made by us or on its behalf which is not expressly stated in these Terms of Service.
2. To the extent permitted by applicable laws and regulations, and subject to section 16.3, the total aggregate liability of us and our affiliate companies for any one claim or series of connected claims under these Terms of Service or in connection with the Services, arising out of any breach of contract, breach of warranty, tort (including negligence and strict liability), breach of statutory duty, under an indemnity or any other theory, will be limited to the lower of: (i) the amount that you have paid to us for your use of the specific Service to which the claim relates in the 6 months immediately preceding the date of the most recent claim; and (ii) AUD$100.
3. If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to at our option to the supplying of the Services again, or the payment of the cost of having the Services supplied again.
4. To the extent permitted by applicable laws and regulations, in no event will we or any of our affiliate companies be liable in connection with these Terms of Service or the Services, for any damages caused by: (a) any natural disaster such as floods, earthquakes or epidemics; (b) any social event such as wars, riots or government actions; (c) any computer virus, trojan horse or other damage caused by malware or hackers; (d) any malfunction or failure of our or your software, system, hardware or connectivity; (e) improper or unauthorised use of the Services; (f) your use of the Services in breach of these Terms of Service; (g) any physical or mental harm or injury that you may suffer as a result of organising, hosting or attending a bridge or communicating or otherwise having contact with another user; or (h) any reasons beyond our reasonable control or predictability. Nor will we, to the extent permitted by applicable laws and regulations, be liable under any circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data.
5. Despite any other provisions of these Terms of Service, nothing in these Terms of Service limits or excludes any of your statutory rights in your jurisdiction (including any rights under applicable consumer protection regulation), to the extent these may not be excluded or waived under applicable laws and regulations.
6. The Services are controlled and offered by us from our facilities in the State of New South Wales, Australia. We make no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
1. You indemnify us, our partners and our affiliate companies from and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys’ fees) and liability arising from or in connection with: (a) your use of the Services; or (b) your breach of these Terms of Service.
2. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Suspension
1. We may without notice suspend your access to and use of the Services if: (a) you breach these Terms of Service; or (b) we reasonably believe that your access and use of the Services will cause technical incapacity to the Service which will continue unless access or use is suspended.
2. You must not object to any delay in restoring access to the Services when a suspension is lifted. We will act promptly to restore access when we are satisfied that the reason for suspension has been removed.
Term
1. A legally binding agreement will be formed on the date you accept these Terms of Service (“Agreement”) and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with these Terms of Service.
Termination
1. In addition and without prejudice to any other rights or remedies, we may (a) suspend your rights to use the Services, including the bridge™ Website, bridge™ App and your bridge™ account; or (b) terminate the Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated any other provision of these Terms of Service.
2. Upon termination of the Agreement, your bridge™ account and right to use the bridge™ Website and bridge™ App will automatically terminate immediately. The termination of your bridge™ account may involve deletion of your Content and the reduction, removal or resetting of any bridge™ points associated with your account from our live databases. We will not have any liability whatsoever to you for any termination of the Agreement, including for termination of your bridge™ account, the reduction, removal or resetting of any bridge™ points or deletion of your Content.
3. Termination of the Agreement does not affect any accrued rights or liabilities either you or we have under the Agreement nor does it affect any provision these Terms of Service which is expressly or by implication intended to operate after termination.
Notices
1. Notices given under these Terms of Service must be in writing and delivered by hand or by email. The address for delivery of a notice to you is the email address linked to your account. The address for delivery of a notice to us is:
  bridge Pty Limited
  16 Yulong Close
  Moorebank, New South Wales, 2170
  AUSTRALIA
  
  Email: [email protected]
General
1. These Terms of Service constitute the entire understanding between the parties and supersede all previous and contemporaneous communications, representations, or agreements with respect to your access and use of the Services.
2. Nothing in these Terms of Service will create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us
3. No failure or delay of either party in exercising any right, power, or privilege under these Terms of Service (and no course of dealing between the parties) operates as a waiver of any such right, power of privilege. No waiver of any default on any one occasion constitutes a waiver of any subsequent default. No single or partial exercise of any right, power, or privilege precludes the further or full exercise of such right, power or privilege.
4. If any provision of these Terms of Service is held to be unenforceable, the parties agree to substitute the affected provision with an enforceable provision that approximates the intent and economic effect of the affected provision.
5. If any one or more of the provisions of these Terms of Service are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction or a panel of arbitrators, the remaining provisions of these Terms of Service will be unimpaired and will remain in full force and effect.
6. Your rights and obligations under these Terms of Service are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.
7. Each party must do everything reasonably required by the other to give full effect to these Terms of Service.
8. In the interpretation of these Terms of Service, the following provisions apply unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa; (c) a reference to any gender includes all genders; (d) a reference to any party to these Terms of Service or any other document or arrangement includes that party’s executors, administrators, substitutes, successors and permitted assigns; (e) a reference to dollars or $ means the lawful currency of Australia; (f) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; (g) headings are for ease of reference only and do not affect interpretation; (h) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms of Service or any part of it; and (i) unless expressly stated to be otherwise, the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar inclusive expressions.
9. These Terms of Service and all matters regarding the interpretation and/or enforcement of these Terms of Service, are governed exclusively by the laws in force in the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts of New South Wales.