Last updated: March 11, 2024
When you use our products or services, you are agreeing to these latest Terms and Conditions ("Terms"). Violation of these terms may, at our discretion, result in us terminating your account.
Your use of the Services constitutes express consent to the processing of your data as described in our Privacy Policy.
We may update these Terms and Conditions at any time. If we make significant changes, we will refresh the date at the top of this page.
"Company", "we", "our", or "us" in any of our policies or terms, refer to Gravity Apps.
"Services" refer to our websites, including www.gravityapps.com.au, and any product created and maintained by us. This includes the Discover Near Me App, whether delivered within a web browser, desktop application, mobile application, or another format.
"You" or "your" refers to the people or organizations that own an account with one or more of our Services.
"User-Generated Content" refers to any content, including text, images, or other materials, submitted by users of the Services.
1. These terms and conditions apply to the use of any products or services offered by the Company, including but not limited to the Discover Near Me App. In addition, the Privacy Policy applies to your use of any such products or services.
2. Our Services are offered and intended for use primarily in Australia. However, users outside Australia may access and use the Services, subject to compliance with applicable laws and regulations.
1. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation. If you suspect any unauthorized access or security concerns, please report them to us immediately.
2. You may not use the Services for any purpose outlined in our Use Restrictions Policy.
3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account. We reserve the right to moderate user-generated content to ensure compliance with our guidelines and standards for quality and appropriateness.
4. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
1. If you are under the age of 18 and wish to create an account, you must have your parent or legal guardian’s permission to do so. Please have your parent or legal guardian read these terms with you.
2. If you are a parent or legal guardian and allow your child to use the services, then these terms apply to you, and you are responsible for your child’s activity on the services.
1. You are solely responsible for properly canceling your account through the App or our website. An email request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always email our support.
2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 60 days, all content will be permanently deleted from our system. We cannot recover this information once it has been permanently deleted.
3. We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time, including, but not limited to, violations of our Use Restrictions Policy.
4. Verbal, physical, written, or other abuse (including threats of abuse or retribution) will result in immediate account termination.
1. Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services, or if we suspect unauthorized access, to safeguard the security of your data.
3. We enforce encryption for data transmission from the public Internet.
4. You agree that we may process your data as described in our Privacy Policy and for no other purpose. On rare occasions, our staff may access your data for the following reasons:
To help you with support requests you make.
On the rare occasions when an error occurs that stops an automated process partway through. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue.
To safeguard our Services. We will look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To the extent required by applicable law.
5. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data in our Privacy Policy.
1. You cannot use our Services to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use. By submitting content about locations, events and businesses, you warrant that the information is accurate, and it does not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
2. For any content that you submit, you grant the Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
3. All content that you submit will be used at the Company's sole discretion. We reserve the right to change, condense or delete any content that violates the Use Restrictions Policy or any other provision of these Terms of Use. We do not guarantee that you will have any recourse through our Services to edit or delete any content you have submitted.
4. All "moral rights" you may have in your content have been voluntarily waived by you (including rights of attribution or integrity) that may subsist in your content and agree you have no objection to the publication, use, modification, deletion or exploitation of your content by us
5. You warrant that use of the content you supply does not violate these Terms of Use and Use Restrictions Policy, and will not cause injury to any person or entity
6. The content you provide to us: is not false, inaccurate or misleading; does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) does not contain any content which is defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files
7. The content you provide does not contain any of the following types of content or violates other guidelines: Obscenities, discriminatory language, or other language not suitable for a public forum; advertisements, "spam" content, or references to other products, offers, or websites; email addresses, URLs, twitter handles, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other content posted or their authors.
8. We reserve the right, but not the obligation, in our sole discretion to refuse or remove any content that is available via the Services.
9. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
1. You acknowledge that you, not the Company, are responsible for the contents of your submission. None of the content that you submit will be subject to any obligation of confidence on the part of us or third-party service providers and their respective directors, officers, and employees.
2. You agree that the Company is not liable to you or to any third party for damages of any kind that result from the use of the Services, inability to access data, or unauthorized access to your data or account. The Company is also not liable for damages of any kind related to actions of any third party that uses the Services or any other consequences related to the Terms or Services.
3. You agree to indemnify and hold the Company and its employees and third-party service providers harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
4. The company has no liability for any act, omission, or default, whether negligent or otherwise, of any third party.
5. The company has no liability for any loss or damage occasioned by any negligent act or omission of any third party.
6. The Company shall make reasonable efforts to protect your data from unauthorized access or data breaches. However, the Company is not liable for any damages resulting from unauthorized access, data breaches, or security incidents.
If you have a question, dispute, or concern about any of these Terms and Conditions, please contact us at support@gravityapps.com.au.