The Goat App Pty Ltd (ACN 661 377 662) – Terms of Use

Welcome to The Goat App (Application).The Application is operated by The Goat App (we, our or us). It is available at: www.thegoatapp.au or www.thegoat.com.au and may be available through other addresses or channels including the App Store.

Consent: By accessing and/or using our Application, you agree to these terms of use (Terms) and our Privacy Policy (available on our Application). You may also accept these Terms by clicking to accept or agree to the Terms where this option is made available to you. Please read these Terms carefully and immediately cease using our Application if you do not agree to them.

App Stores: You acknowledge that, in addition to these Terms, the terms and conditions of the online sales and distribution platform operated by a third party by means of which the you obtained the Application (App Store) shall apply to the use of the Application and the other matters contemplated in these Terms.

Exclusion of competitors: You are prohibited from using our Application, including all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Application, and all intellectual property rights related thereto (Content), in any way that competes with our business. If you are in the business of providing similar services for the purposes of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of us. Competitors are not permitted to use or access any information or Content on our Application.

Your Account: To access or use some of our Application, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Application or infringe or violate any third party rights, or violate any applicable laws or regulations.

Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the User Content or information you have added.

Licence to use our Application: We grant you a non-exclusive, limited, royalty-free, revocable, worldwide, non-transferable, non-sublicensable licence to access and use our Application including to download the platform on a permitted device, and to access the Content solely for your personal, non-commercial use through your use of the Application and solely in compliance with these Terms. All other uses are prohibited without our prior written consent. We reserve all rights not expressly granted herein in the Application and the Content. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.

No rights are licensed with respect to sound recordings and the musical works embodied therein that are made available from or through the service.

Prohibited conduct: You must not:

  1. access or use the Application if you are not fully able and legally competent to agree to these Terms or are authorised to use the Application by your parent or legal guardian;
  2. make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Application or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Application or any derivative works thereof;
  3. distribute, license, transfer, or sell, in whole or in part, any of the Application or any derivative works thereof
  4. market, rent or lease the Application for a fee or charge, or use the Application to advertise or perform any commercial solicitation;
  5. use the Application, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
  6. interfere with or attempt to interfere with the proper working of the Application, disrupt our website or any networks connected to the Application, or bypass any measures we may use to prevent or restrict access to the Application;
  7. incorporate the Application or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Application in our sole discretion;
  8. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Application;
  9. intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  10. use or attempt to use another’s account, service or system without authorisation from us, or create a false identity on the Application;
  11. use the Application in a manner that may create a conflict of interest or undermine the purposes of the Application, such as trading ratings with other users or writing or soliciting fake ratings;
  12. conduct any unsolicited or unauthorised advertising, solicitations, promotional materials or any other prohibited form of solicitation;
  13. do or attempt to do anything that is unlawful;
  14. do or attempt to do anything prohibited by any laws applicable to our Application;
  15. do or attempt to do anything which we would consider inappropriate; or
  16. do or attempt to do anything which might bring us or our Application into disrepute, including (without limitation):
    1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
    2. using our Application to defame, harass, threaten, menace or offend any person;
    3. interfering with any user using our Application;
    4. tampering with or modifying our Application, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Application, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Application;
    5. using our Application to send unsolicited messages; or
    6. facilitating or assisting a third party to do any of the above acts.

User Content: You may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Application including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (User Content) on our Application. By making available any User Content on or through our Application, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty- free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Application.

You agree that you are solely responsible for all User Content that you make available on or through our Application. You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Application will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We reserve the right, at any time and without prior notice, to remove or disable access to content, including removing User Content, at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or any community guidelines, or otherwise harmful to the Application or our users.

Our automated systems may analyse your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Application and all of the Content. Use of the Content or materials on the Application for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

Your use of our Application and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Application or the Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Application or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

We do not claim ownership of your content that you post on or through the Application and you are free to share your Content elsewhere. However, when you share, post or upload Content in connection with the Application, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). You can delete Content individually or all at once by deleting your account.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Third party sites: Our Application may contain links to websites and/or applications operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites and/or applications. You should make your own investigations with respect to the suitability of those websites and/or applications.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Application or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Application will be secure.

Everything on our Application and the Content is provided to you “as is” and “as available “without warranty or condition of any kind. You read, use and act on our Application and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Application and/or the Content and/or any inaccessibility of, interruption to or outage of our Application and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Application or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Discontinuance: We may, at any time and without notice to you, discontinue our Application, in whole or in part. We may also exclude any person from using our Application, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination: These Terms are effective until terminated. We may terminate these Terms at any time and without notice to you.

If you no longer want to use our services again, and would like your account deleted, or if you want to terminate these Terms, you may do so by deleting your account.

In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Application or these Terms, please contact us. If there is a dispute between the parties in relation to these Terms, the parties agree to the following dispute resolution procedure:

  1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
  2. If the parties cannot agree how to resolve the dispute at that initial meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute. Any communications may take place virtually if so required.

Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under these Terms, by law or in equity.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Application and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Application may be accessed throughout Australia and overseas. We make no representation that our Application complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Application from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Application.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Application. We recommend you check our Application regularly to ensure you are aware of our current terms. The Content is subject to change without notice. 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 record. We do not undertake to keep our Application up-to- date and we are not liable if any Content is inaccurate or out-of-date.

Severance: If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, the part shall be severed and the rest of the Terms shall remain in force.

For any questions and notices, please contact us at:

The Goat App Pty Ltd – ACN 661 377 662 Ground Floor, 21 Bolton Street, Newcastle, NSW, 2300

Email: bringit@thegoatapp.com.au

Last update: August 2022