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Agreement

By subscribing to use the Duck’n Out website (“the Site”) and mobile device application, you agree to be bound by these Terms and Conditions.  The Site and the App is owned and operated by Diskat Pty Ltd ACN 155 698 561 t/a Duck’n Out (ACN 606787955) (“Duck’n Out, us, we, our”).  These terms and conditions may be amended from time to time at the Owner’s discretion and without prior notice to you.   Users of the Site and App are encouraged to review these terms and conditions from time to time as your continued use of the Site will indicate your acceptance of them. 

These Terms and Conditions, together with our User Agreement and Privacy Statement govern your use of the Site and App.

Requirements of Use of this Site

  1. Users must be aged over eighteen (18) years old.  By registering as a User with us, you represent and warrant that you are over eighteen years old. 
  2. You must register with the Site and App in order to use our service. 
  3. Users are responsible for maintaining confidentiality of account, username and password information. We are not responsible for any unauthorised use or access to a User’s profile.
  4. By opening an account with us you agree to receive emails from time to time which will include administrative notices, newsletters and updates about our Services.
  5. If you are accessing and using the Site or the App on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.
  6. The Site and App are available for personal, non-commercial use only.
  7. Profiles containing false or misleading information are prohibited. 
  8. Accounts are limited to one account per person.
  9. You must notify us in writing immediately if you become aware of any unauthorised use of your account.

What Duck’n Out provides

  1. Duck’n Out is a service provider for the purposes of the Competition and Consumer Act 2010
  2. We provide a social networking service, connecting users to venues and providing a way for you to invite your contacts to meet you out at venues that advertise with us (“Places”). 

Our relationship with Venues

  1. Advertisers are bound by a separate agreement.
  2. Advertising content is subject to the terms of our agreement, however we do not approve content uploaded by Places. 
  3. We do not attend all venues listed with Duck’n Out and we do not provide any guarantees or warranties about Places advertised with Duck’n Out. 
  4. If you choose to attend a Place advertised on Duck’n Out, your attendance at that Place is governed by the rules of that Place and any consumer rights exist between you and the Place. 
  5. Duck’n Out is not a party to any issues that arise between a User and a Place and we do not act as a mediator to resolve disputes.
  6. We do however welcome your feedback, especially if you think a venue is unsafe, or has provided false or misleading advertising.  Please refer any complaints about advertising content to complaints@ducknout.com.

Invitations

  1. You are able to invite your contacts to a Place, while you are present there.  Your invitations can include video and photos, which are uploaded subject to our Privacy Policy and User Agreement. 
  2. You agree to respect the privacy of others when uploading content to the Site and App.  We recommend that you obtain the consent of third parties prior to uploading their image to the Site or App. 
  3. Our intention is that you invite the contacts you have listed in your profile.  If you choose to respond to an invitation from someone that you do not know, you do so at your own risk and we recommend that you exercise caution in doing so.  Duck’n Out is not responsible for the actions of users of the Site. 

Reviews and Ratings

  1. You are able to leave reviews and ratings about a Place that you have been visited.
  2. Reviews are limited to viewing only by your contacts, or group created by you. 
  3. When leaving a review you must do so in good faith and in accordance with our User Agreement. 

Your content generally

  1. You are responsible for all content uploaded through your profile.  Content must only be uploaded in accordance with the User Agreement.
  2. When you upload content to the Site or App you represent and warrant that the content is true and correct, and that you are not breaching the intellectual property rights of another. 
  3. These terms and the User Agreement apply to your profile image and username.  We reserve the right to shut down a Profile that is a breach of these terms or the User Agreement. 

Interactions with Others

  1. You agree to conduct yourself in good faith and respectfully towards others, and in accordance with the User Agreement.
  2. You agree to refrain from intimidating, harassing and threatening others and from making defamatory comments. 
  3. If you are concerned that the behaviour of another User breaches these terms, please contact us at complaints@ducknout.com

Rights of Duck’n Out

  1. We reserve the right to suspend or cancel an account if there is a breach of these terms, or our User Agreement. 
  2. Duck’n Out may also remove content if we are requested or advised to do so by a law enforcement agency, or are advised to do so to ensure compliance with the laws or an order of the Court.
  3. The right to suspend or cancel an account extends to refusing any further accounts to be registered from the same IP address.
  4. Reporting a matter to us, does not guarantee that we will take action and if you are concerned about your safety or a criminal offence, you should direct your complaint to the local police.

Updates to software

  1. By downloading our App you agree to be advised of when updates are available.  If you choose not to update the App when prompted, issues with functionality might arise.
  2. We are not responsible for issues arising from the use of an out of date version of the App.

Warranty Disclaimer and Limitation of Liability

  1. You agree that your use of the Duck’n Out App and Site is at your own risk.  We provide the warranties of a service provider under the Competition and Consumer Act 2010.  To the fullest extent permitted by law, Duck’n Out, its officers, directors, employees and agents disclaim all warranties, express or implied in connection with your use of the App and Site.
  2. We make no warranties or representations about the accuracy and completeness of the content contained on the App and the Site and assume no liability for any errors, inaccuracies or omissions in the content on the App and the Site.
  3. Duck’n Out takes no responsibility and is not liable for any injury or damage arising from your use of the Site or the App, including from unauthorised access by third parties. 
  4. Duck’n Out does not warrant or endorse or assume any responsibility for third party products, services or Places advertised on our Site or App or that are linked to the Site or App. 
  5. Duck’n Out is not responsible for monitoring the content posted by Users or Advertisers and is not a party to any transactions made or agreements reached between Users and/or Advertisers. 
  6. Users should exercise the usual caution and judgement as appropriate when interacting through the Site or App. 
  7. You acknowledge the use of your Personal Information as stated in our Privacy Statement.  Duck’n Out is not responsible and will not be liable for any use or disclosure of your personal information by third parties. 
  8. You specifically acknowledge that Duck’n Out shall not be liable, to the extent permitted by law, for any content posted by a User that is defamatory, offensive or illegal or that otherwise breaches our User Agreement. 

Limitation of Liability

  1. You agree to indemnify and hold Duck’n Out, its officers, employees and agents harmless from and against any claims, damages, or expenses arising from your conduct in breach of these terms, or the terms contained in our User Agreement. 
  2. You do not need to have suffered any loss for this indemnity to take effect.
  3. For clarity, this indemnity includes but is not limited to, third party claims relating to intellectual property, privacy rights, harassment and defamation.

Jurisdiction and Severability

  1. In the event that any clause or part of a clause contained herein is invalid, illegal, unlawful or otherwise incapable of enforcement, that clause shall be deemed to be severed from this Agreement but all other clauses shall remain in full force and effect.
  2. This Agreement shall be governed by and construed pursuant to the laws of Victoria, Australia.