Terms and Conditions of Use
1. About the Application
(a) Welcome to Otter - Dam Good Dating (Application). The Application facilitates interactions between:
- parties providing services (Provider); and
- parties receiving services (Receiver),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (Services).
(b) The Application is operated by Otter - Dam Good Dating (ACN 667 919 566). Access to and use of the Application, or any of its associated products or Services, is provided by Otter - Dam Good Dating. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its products or Services, immediately.
(c) Otter - Dam Good Dating reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Otter - Dam Good Dating updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Otter - Dam Good Dating in the user interface.
3. The Services
(a) In order to access the Services, both the Receiver and the Provider are required to register for an account through the Application (Account).
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Mailing address
4. Your obligations as a Member
As a Member, you agree to comply with the following:
- you will not share your profile with any other person;
- you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Otter - Dam Good Dating of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- any content that you broadcast, publish, upload, transmit, post or distribute on the Application (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content;
- you agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Members is made available to you);
- access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;
- you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Otter - Dam Good Dating;
- you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
- you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Otter - Dam Good Dating for any illegal or unauthorised use of the Application; and
- you acknowledge and agree that any automated use of the Application or its Services is prohibited.
5. Using the Application as the Receiver
Application users.
6. Using the Application as the Provider
Partner businesses and organisations.
7. Payment
(a) By Otter - Dam Good Dating offering the Services to you, you agree that: Fee's may be charged on an agreed basis at an agreed rate.
(b) All payments made in the course of your use of the Services are made using Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their Application.
8. Refund Policy
(a) All Providers agree to comply with the Australian Consumer Law. Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
(b) Since Otter - Dam Good Dating is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Otter - Dam Good Dating does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
(c) Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Otter - Dam Good Dating requires the Receiver to:
- contact the Provider directly to request a refund; and
- if contacting the Provider is not successful after fourteen (14) days, contact Otter - Dam Good Dating through the 'Contact Us' section of the Application outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
(d) If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately complete the Otter - Dam Good Dating refund request form (Request Form) provided on the Application and provide both the Request Form and the email from the Receiver requesting the refund to Otter - Dam Good Dating.
(e) If the Provider agrees to a refund it is acknowledged that the Provider will instruct Otter - Dam Good Dating to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Otter - Dam Good Dating in processing the refund.
(f) Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
9. Copyright and Intellectual Property
(a) The Application, the Services and all of the related products of Otter - Dam Good Dating are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Otter - Dam Good Dating, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Application pursuant to the Terms;
- copy and store the Application and the material contained in the Application in your device's cache memory;
- print pages from the Application for your own personal and non-commercial use; and
- use the Application and Services only for lawful purposes and in accordance with these Terms.
(c) Otter - Dam Good Dating retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright to you.
(d) You may not, without the prior written permission of Otter - Dam Good Dating and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose.
(e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to Otter - Dam Good Dating a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to use Your Content.
(f) Notwithstanding the licence granted above, you retain all moral rights to Your Content and may revoke the licence for specific content upon 14 days written notice.
10. Privacy
Otter - Dam Good Dating takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Otter - Dam Good Dating's Privacy Policy, which is available at privacy.html.
By using the Application, you expressly consent to Otter App's collection of personal information including device data, usage patterns, and location data. We retain this information for 365 days and share it only with authorised service providers under strict confidentiality agreements. You may request access to, correction, or deletion of your personal information by contacting our Privacy Officer at privacy@otterapp.com.au.
11. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Otter - Dam Good Dating we will not be liable for any special, indirect or consequential loss or damage.
(c) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind.
(d) You acknowledge that Otter - Dam Good Dating Application and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Otter - Dam Good Dating holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party.
12. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Otter - Dam Good Dating. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Otter - Dam Good Dating will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
13. Limitation of Liability
(a) Otter - Dam Good Dating's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Otter - Dam Good Dating, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
(c) You acknowledge and agree that Otter - Dam Good Dating holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Application.
14. Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing Otter - Dam Good Dating with 30 days' notice of your intention to terminate by sending notice via the 'Contact Us' link on our homepage.
(b) Otter - Dam Good Dating may at any time, terminate the Terms with you if you have breached any provision of the Terms, if Otter - Dam Good Dating is required to do so by law, or if the provision of the Services is no longer commercially viable.
(c) Subject to local applicable laws, Otter - Dam Good Dating reserves the right to discontinue or cancel your membership at any time and may suspend or deny your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Otter - Dam Good Dating have benefited from shall be unaffected by this cessation.
15. Indemnity
You agree to indemnify Otter - Dam Good Dating, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
- any breach of the Terms;
- any violation of these Terms or applicable laws and regulations in connection with your use of the Application or Services.
Your liability under these indemnities shall be limited to direct damages proven by Us up to AUD $1,000, and your proportionate share of responsibility as determined by a court of competent jurisdiction.
16. Dispute Resolution
16.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2. Notice: A party claiming a dispute has arisen under the Terms must give written notice to the other party detailing the nature of the dispute and the desired outcome.
16.3. Resolution: On receipt of that notice, the parties must:
- Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation;
- The mediation will be held in Sydney, Australia.
16.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations.
16.5. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16.6. Venue: If mediation is unsuccessful, any legal proceedings concerning the Dispute must be brought in the courts of Australia, and each party irrevocably submits to the exclusive jurisdiction of such courts.
17. Venue and Jurisdiction
The Services offered by Otter - Dam Good Dating is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
18. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.