PlatformTerms of Use

1 Acceptance of Terms

1.1 This website, application, platform and any service offered under the name “Foura” (Platform) is operated and owned by FOURA GROUP PTY LTD (ACN 649 758 734) and its related entities or body corporates ('us', 'we' and 'our’).

1.2 Your use of this Platform is strictly subject to these terms of use and any other policy displayed on the Platform (together, the ‘Terms’). Every time you use this Platform, you indicate that you have read, understood, and accepted to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the Platform.

1.3 We may amend or modify the Platform, the Terms and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective 14 days upon publication on the Platform. Your continued use of the Platform following such modifications will be deemed as acceptance of these modifications.

1.4 These Terms will prevail over any other terms or agreement between you and us.

2 Definitions

2.1 Unless the context expressly provides otherwise, in these Terms:

GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs).

Members means any person using or registering on the Platform whatsoever.

Platform means this website, app, platform and any service offered under the name “Foura”.

State means New South Wales, Australia.

Terms means these terms of use which include the Privacy Policy.

Uploaded Content means any content whatsoever which you upload to the Platform, including but not limited to, any text, graphics, photos, designs, trademarks, artwork, descriptions, reviews, usage data, feedback, comments, chats and media.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

we, us and our means FOURA GROUP PTY LTD (ACN 649 758 734) and its related entities or body corporates.

you and your means any person who uses or accesses the Platform, including any Member.

3 Warrant of authority

3.1 Your use of the Platform is conditional on you being over 18.

3.2 Accordingly, by using the Platform, you warrant this to us. If the above conditions are not satisfied, please cease using the Platform immediately.

4 Registration

4.1 You may be required to be a registered member to access certain features of our website.

4.2 When you register and activate your account, you will create a username and password. You are responsible for keeping your username and password secure and are responsible for all use and activity carried out under this username. You must not share its account credentials with any third party. We do not authorise anyone to use the Platform on your behalf (this does not include where you have provided delegated access through the Platform), and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.

4.3 On registration, we may also ask for any other information which we may deem reasonably necessary to enable you to enjoy the benefits of the Platform. We may require you to provide evidence and documents confirming certain information.

4.4 If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.

4.5 You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended, and legal action may be taken against you.

4.6 You agree not to create an account or use the Platform if you have been previously removed or suspended by us from the use of the Platform, unless we provide our prior written consent.

4.7 We may also, in our absolute discretion, refuse registration to any Member or prohibit any registered Member from accessing the Platform, without assigning any reason whatsoever.

4.8 We collect personal information about you in order to provide you with services, register your account and for purposes otherwise set out in our Privacy Policy. You acknowledge that your email address may be viewed by all other Members on the Platform and you expressly consent to such disclosure. If you do not agree to such disclosure, you must not use the Platform. We may also disclose personal information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

5 Uploaded Content

5.1 Where the Platform allows you to upload any content whatsoever to the Platform (Uploaded Content), you:

(a) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Uploaded Content in any way (including, without limitation, by reproducing, modifying, and communicating the Uploaded Content to the public) and permit us to authorise any other person to do the same thing;

(b) to the full extent permitted by law, consent to any act or omission by us which would otherwise constitute an infringement of your moral rights under the Copyright Act in relation to the Uploaded Content; and

(c) acknowledge and agree that we may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any of Uploaded Content submitted to or via the Platform by you.

5.2 In each instance when you upload any Uploaded Content to or via the Platform, you:

(a) represent and warrant to us that you have all right, title, interest and authority in the Uploaded Content which is necessary to grant the licences and consents set out in clauses 5.1(a) and 5.1(b);

(b) represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Uploaded Content in the manner contemplated by these Terms;

(c) represent and warrant to us that the use or exploitation of Uploaded Content by us or any other Member of the Platform will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights);

(d) agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via the Platform;

(e) must not upload any Uploaded Content:

(i) that is or could reasonably be considered to be illegal, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;

(ii) that would bring us or the Platform into disrepute;

(iii) that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate;

(iv) that contains unsolicited or unauthorised advertising (including junk mail or spam); or

(v) that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party;

(f) agree that it is your responsibility to back up any of Uploaded Content to your own systems. We do not guarantee that the Platform will always be available at all times;

(g) agree that we can store Uploaded Content in our servers; and

(h) to the maximum extent permitted by law, release us and indemnify us from any claim or loss in relation to Uploaded Content being stored in our servers.

5.3 This clause 5 will survive termination of these Terms.

6 Your conduct

6.1 In using the Platform, you must:

(a) act in a courteous and polite manner to us, our representatives and agents, and all other Members and do not engage in any anti-social activity or behaviour, fraudulent conduct or any other conduct intended to interfere with the orderly conduct of business on the Platform;

(b) strictly comply with any policy displayed on our Platform;

(c) obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform and any activities contemplated by or related to the Platform and do not carry out any fraud or other illegal activity whatsoever;

(d) not take any action that is likely to impose upon the Platform or our (or its third-party service providers) a disproportionately large load;

(e) not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Platform; and

(f) except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform.

7 Use of the Platform

7.1 This Platform makes introductions between Members in order to facilitate meetups, discovery of friendship and positive real world human experiences and interactions. The Platform looks for commonality and shared interests based on criteria contained in Members profiles and uses this information to determine when to make an introduction.

7.2 To use the Platform, you must fill in any forms provided by the Platform with your personal information, hobbies, interests, values and availability for meetups. The Platform will then attempt to match you up with other Members and facilitate meetups.

7.3 You acknowledge that throughout the process of arranging a meetup, some of your personal information may be shared with other Members.

8 Our Role

8.1 You agree and acknowledge as follows:

(a) Our sole service to you is providing you with access to the Platform;

(b) We take no responsibility for the information on the Platform or any liability howsoever arising from any information on the Platform;

software or process to "crawl", "spider" or engage in similar conduct in relation to the Platform; and

(f) except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform.

7 Use of the Platform

7.3 You acknowledge that throughout the process of arranging a meetup, some of your personal information may be shared with other Members.

8 Our Role

8.1 You agree and acknowledge as follows:

(a) Our sole service to you is providing you with access to the Platform;

(b) We take no responsibility for the information on the Platform or any liability howsoever arising from any information on the Platform;

(d) We do not endorse any of the locations where we arrange a meetup. Locations are only provided for convenience.

(e) We do not endorse any of the information, recommendations are merely an acknowledgement that the Platform is linking the information provided by the recommended Member to your information and vice versa;

(f) Agreements and arrangements between Members are a separate agreement directly between the Members. We are not a party to these agreements or arrangements in any way, and its existence will not, under any circumstance, create any relationship of employment, agency, partnership or otherwise between us and you, or us and any Member;

(g) Each Member is an independent person separate and independent from our business. There is no relationship between us and the Member beyond that of being a Member subject to these Terms of Use;

(h) We only act as an intermediary between the Members and our responsibilities under these Terms are limited to facilitating the availability of the Platform and facilitating the potential recommendations, introductions and meetups;

(i) By using the Platform, you agree that any legal remedy or liability that you seek to obtain which arise from or is related to the Platform will be limited to a claim against the particular Member or other third parties who caused you harm. You agree not to attempt to impose liability on us, or seek any legal remedy from us with respect to the Platform. Accordingly, you provide us with the indemnities and releases in clause 13.

9 Intellectual Property Rights

9.1 Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content), and nothing in these Terms constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.

9.2 You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.

9.3 You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.

9.4 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 9 and that equitable or injunctive relief may be necessary.

10 Third-party sites

10.1 The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.

10.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:

(a) you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;

(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and

(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any transfer of any intellectual property rights in or related to the Platform or Platform content.

9.4 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 9 and that equitable or injunctive relief may be necessary.

10 Third-party sites

10.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:

(a) you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;

(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and

(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.

11 Disclaimer

11.1 We may offer introductions, services or products on this Platform. We don’t vet information uploaded by Members. We do not guarantee the accuracy of that information, or that the information is complete or up to date, or make any representations as to the suitability, quality or any other aspect of this information in relation to your circumstances. You should always seek to make your own enquiries and not rely on any information provided on this Platform. We take no liability for the actions of any third-parties (including any other Members of the website whether registered or not) offering services or products on this Platform, or any representation they make.

11.2 The information contained in this Platform contains opinions and indicators only, which should not be relied upon to make personal or business decisions.

11.3 To the full extent permitted by law and subject always to clause 12.5, the Platform is provided to you “as is” and on an “as available” basis, without any representation or endorsement made and without Warranties of any kind (whether express or implied). We do not guarantee continuous, uninterrupted or secure access to the Platform, or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. To the extent permitted by law, we have no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the Platform.

11.4 This clause 11 survives the termination or expiration of these Terms.

12 Warranties and limitation of liability

12.1 To the full extent permitted by law, and subject always to clause 13.4, we exclude all Warranties whatsoever other than those expressly set out in these Terms including but not limited to in relation to any other Member of the Platform.

12.2 You agree and acknowledge that, notwithstanding the fact that we match you with any Member, we do not vet, endorse or recommend any particular Member.

12.3 To the full extent permitted by law, and subject always to clause 13.4, we exclude all liability to you for any loss or damage suffered or incurred by you in the course of or as a result of using the Platform, including as a result of any introduction or any other recommendations from the Platform whether in contract, negligence or other tort, breach of any statutory duty, or otherwise, including loss or damage suffered by you, including but not limited to in connection with:

(a) any decisions that you may make on the basis of information or material contained on the Platform

(b) any harm whether physical, emotional, mental, to your body, your property or otherwise caused to you by any other Member or individuals affiliated to Members or anyone else as a result of a recommendation or introduction from the Platform; and

(c) your use of the Platform or any third-party website which has been accessed via the Platform (including damage suffered as a result of software or other viruses to which you may have been exposed in the course of using the Platform).

12.4 Our liability arising in connection with these Terms or the Platform is limited as follows:

(a) we exclude all liability for consequential, special, indirect or remote loss, 12 Warranties and limitation of liability

12.2 You agree and acknowledge that, notwithstanding the fact that we match you with any Member, we do not vet, endorse or recommend any particular Member.

(a) any decisions that you may make on the basis of information or material contained on the Platform

12.4 Our liability arising in connection with these Terms or the Platform is limited as follows:

(a) we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity or business;

(b) our total maximum total liability arising in connection with these Terms is capped to the total amount of any fees paid to us which is relevant to the particular matter;

(d) we exclude all liability for anything you have been aware of for longer than six months and you have not commenced a claim; and

(e) our liability is subject to your duty to mitigate your loss.

12.5 In the event that we terminate the Platform or your access to the Platform pursuant to these Terms, you release us from all liability for any loss or damage suffered by you as result of or arising out of such termination.

12.6 To the extent that any law restricts our right to exclude Warranties under these Terms, these Terms must be read subject to those statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

12.7 All subclauses of this clause 12 are cumulative to one another.

12.8 This clause 12 will survive termination or expiration of these Terms.

13 Release and indemnity

13.1 To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

13.2 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.

13.3 You agree to promptly notify us of any third party Claims, cooperate with all Released Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees). You agree not to settle any Claim without our prior written consent.

13.4 In this clause:

(a) Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

(b) Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.

(c) Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.

(d) Relevant Matter means anything in connection with:

13 Release and indemnity

13.4 In this clause:

(a) Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

(d) Relevant Matter means anything in connection with:

(i) any damage to person, property, personal injury or death;

(ii) any Member;

(iii) any meetup or your conduct or participation in any meetup;

(iv) your breach of these Terms;

(v) any matter for which we have purported to disclaim liability for under these Terms;

(vi) Uploaded Content;

(vii) your use, misuse, or abuse of the Platform; and

(viii) your breach or failure to observe any applicable law.

13.5 This clause 13 will survive the termination or expiration of these Terms.

14 Termination

14.1 These Terms terminate automatically if we cease to operate the Platform for any reason.

14.2 You acknowledge and agree that:

(a) we may terminate your access to the Platform at any time without giving any explanation.

(b) we may terminate these Terms and your access to the Platform immediately by notice to you in writing if you are deemed to breach these Terms or associated policies in any way, in our sole discretion.

(c) termination of these Terms or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

15 General

15.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

15.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

15.3 These Terms are governed by the laws of the State and each party submits to the jurisdiction of the courts of the State and all courts of appeal therefrom.

15.4 Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

15.5 The contents of these Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.

15.6 A provision of these Terms which can and is intended to operate after its conclusion 15 General

15.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

15.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

15.3 These Terms are governed by the laws of the State and each party submits to the jurisdiction of the courts of the State and all courts of appeal therefrom.

15.6 A provision of these Terms which can and is intended to operate after its conclusion will remain in full force and effect – including all indemnities and releases.