The following general terms and conditions (“Terms”) form a legally binding agreement between You and Us in relation to Your access to, and use of, Sprooker. By accessing or using Sprooker, You acknowledge and warrant to Us that You have read, understood and agree to be bound by these Terms. If You do not accept these Terms, You must refrain from accessing or using Sprooker. By clicking “I Agree” or by otherwise using Sprooker (which includes this version and any other update, feature or future version of Sprooker that We may provide) You agree to the following Terms, so You should read these Terms carefully. In these Terms, “Sprooker” means, collectively and individually, the Website, the Application and the Services. Other definitions for certain capitalised terms are set out at the end of these Terms.
By using Sprooker You represent and warrant that You are at least 18 years old or that, if You are younger than 18, You have the permission of a parent or guardian. Parents and guardians of Users under the age of 18 must read and agree to be bound by these Terms and are responsible for such use of the Services. If You are accepting these Terms on behalf of a company, organisation, association or agency as its authorised legal representative, then You represent and warrant that You have the power and authority to bind such company, organisation, association or agency to these Terms.
The use of Sprooker or some of Our Services may require You to register with Us or open an account (including if you wish to use Sprooker as a Retailer). To do so, You must complete the registration process in the manner described on Our Website or Application. By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any person’s rights. You must also update Your details if any of them change.
Registration is non-transferable. You are responsible for all of the activities that occur under Your account. You should carefully choose Your password and user name and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security. We are not liable for any loss if someone else uses Your password or account.
Third party facilities, including software programs, may be necessary or appropriate in conjunction with Your access to or use of Sprooker. This may include, for example, where You register for Sprooker using Your Facebook account. You agree that Your use of such facilities is governed by the relevant third party’s user terms and/or licence/services agreement and not by these Terms.
Access to Sprooker is permitted on a temporary basis, and We reserve the right to suspend, withdraw, discontinue or amend all or any part of Sprooker without notice. We will not be liable if, for any reason, Sprooker is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to Sprooker. You are also responsible for ensuring that all persons who access Sprooker through Your internet connection are aware of these Terms, and that they comply with them.
Access to, and use of, Sprooker, or any part or feature of the Services, may be subject to payment of certain Fees by You, as set out by Us on the Website, the Application and/or in these Terms. You acknowledge that the continued availability of any part or feature of Sprooker or the Services may be conditional upon continued payment of such Fees. You acknowledge and agree We may change Our Fees at any time. We will endeavour to notify You via the Website and/or the Application of any changes to the Fees before they come into effect, however this may not always be possible.
If You do not accept the Fees or any changes to the Fees, You must not access or use Sprooker. If You make any payments for Fees with a credit or charge card or an online payment account, You warrant that You are the cardholder or account holder and that the billing information provided is accurate, and You authorise Us to charge the designated credit or charge card or online payment account for the total amount of the Fees, plus any applicable GST. All payments and purchases made in connection with Sprooker are in Australian dollars.
Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of Sprooker to You. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Sprooker. We are not obliged to provide refunds of any Fees paid by You, however We may offer a refund where We determine that extenuating circumstances apply.
In using Sprooker, You may come across links or references to external links, service providers, merchants or suppliers (such as Retailers). This may include, for example, links to Google Maps and other location-related services accessed in connection with a Promotion. We do not endorse, warrant, guarantee or make any promises about such external links or about any information, products or services that any third parties may supply to You. Any transaction You have with these service providers are between You and them, and We do not get involved.
By accessing external links to third party service providers and other sites through Sprooker, We do not promise that they are appropriate, that they work or that they are virus free. You agree to take reasonable precautions in accessing and using such external links. We accept no responsibility for any loss or damage that may arise from You accessing external links through Sprooker or from Your use of, or engagement or transaction with, any third party service providers.
Sprooker is a merely a platform intended to facilitate the interaction between Users. You acknowledge and agree that You are solely responsible for any interaction, relationship, agreement or arrangements between You and another User. Any transaction or dealing You may enter with any other User or in connection with any Promotion is entirely at your own risk. You agree that We are not liabile for any decision made or action taken in reliance on any Promotion or other information contained on or omitted from Sprooker. You acknowledge that any transaction or dealing You enter into with another User may be subject to You entering into a separate, binding agreement with that User. We are not a party to any such agreement or arrangement entered into by or between Users.
We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way. If You have a dispute with one or more Users, You release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
You acknowledge that We are not obliged to verify any Promotion or other information provided by any User or to otherwise conduct background checks on any User. We will not be liable for any damages or loss that may arise from the conduct of any User in connection with the use of Sprooker. By using Sprooker, You agree to take reasonable precautions in all interactions with other Users.
You acknowledge that any information displayed on Sprooker (including with respect to any Promotion) is intended to be for general information or identification purposes only and should not be considered advice or a recommendation to acquire any product or service that may be displayed on Sprooker or to otherwise engage in any relationship or transaction with another User (such as a Retailer). We do not endorse or guarantee the accuracy of any Promotion or other Content posted or displayed by Users or other third parties. The displaying of such Promotion or other Content on Sprooker in no way implies Our endorsement or recommendation of any such information, product or service referred to or promoted in that Promotion or Content. You acknowledge and agree that You will exercise all due care and caution in, and that You are solely responsible for, entering into any transaction, arrangement or agreement for the sale, purchase or consumption of information, products and/or services via Sprooker.
You agree that You are solely responsible for any Content or information that You provide or post to Sprooker.
You acknowledge and agree that:
When You use Sprooker, You may send personal information to Us. We will use, store and handle this information in accordance with the requirements of the Privacy Act 1988 (Cth) that apply to Us and Our privacy policy which may be accessed at www.sprooker.com.au. Our privacy policy applies to You and Your use of Sprooker at all times. We do not claim ownership of the information, Content or data (which may include geographic location data and other personal information) that You provide to Us in using Sprooker (Your Data). You (or Your licensors, as applicable) will continue to own any and all Intellectual Property in Your Data. However, You agree to grant Us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, adapt, communicate, publish, display and/or distribute Your Data. This right continues even if You no longer use Sprooker.
We will only use Your Data for the purposes of providing the Services; for operating, promoting or improving Sprooker; for developing other products or services; and for any other purposes set out in Our privacy policy or these Terms. This means, for example, that We might use Your Data to compile statistical information for use in marketing Sprooker, to make improvements to it, or to develop complementary products or services.
Without limiting the above, You acknowledge that We may also de-identify Your Data or aggregate it in such a way that it cannot be used to identify You (Aggregated Data). To the extent that any Aggregated Data is owned by You, You unconditionally and irrevocably grant Us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, adapt, communicate, publish, display, disclose, distribute, commercialise and/or otherwise exploit such Aggregated Data for any purpose We see fit (including without limitation by creating or improving products and services, which We may sell, license or otherwise provide to third parties for reward). This licence survives termination of these Terms for any reason. You acknowledge that if We disclose Your Data to any third parties in accordance with these Terms, such third parties may have their own terms and conditions and/or policies with respect to the handling of such information, and You agree that We are not responsible or liable for any act or omission of any third party with respect to the handling of Your Data.
Without limiting the previous paragraph, if You use third party programs in conjunction with Sprooker (such as Facebook), You acknowledge that We may allow the providers of those third party programs to access such of Your Data as required for the interoperation of such third party programs with Sprooker. We are not responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third party program providers.
You warrant and undertake to Us that any and all of Your Data provided by You or with Your authority (including with respect to any Promotion):
If You would like to know more about how We use, store or handle Your Data (including Your personal information), please contact Us at admin@sprooker.com.au.
Sprooker’s location-based Promotions, map functionality and other geographic location-based services (Location Services) is offered by collecting, storing, transmitting or processing Your device’s location data. The availability of Promotions and certain parts of Sprooker may rely on Our Location Services, and the availability of Promotions may depend on the location data You provide. Without limiting anything in these Terms, by using Our Location Services You consent to us collecting and using Your location data for the purpose of providing Sprooker and the Location Services to You in accordance with these Terms and our privacy policy.
You agree that such Location Services may be erroneous, inaccurate, incomplete or time-delayed and shall not be used for emergency or life-saving purposes. We do not warrant, and You agree that the Location Services may contain inaccuracies, be incomplete and/or suffer from time-delays.
In particular, we do not represent or warrant that:
Without limiting the foregoing, You acknowledge that some Location Services may not be available for use at all times or in certain circumstances.
We may allow certain Users to post information (including with respect to Promotions) on the Application and/or the Website. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by any User. Users are solely responsible for relying on any such information. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from Us.
Advertisements displayed on Sprooker (which may be delivered by Our advertising partners) may set cookies. These cookies, which are industry standard and used by most websites, allow the ad server to recognise Your computer or mobile device each time they send You an online advertisement to compile non-personal identification information about You or others who use Your computer or mobile device. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to You. If You do not want information to be collected through the use of cookies, there is a simple procedure in most browsers and mobile devices that allows You to deny or accept the cookie feature. Please be aware that denying the cookie feature may prevent You from taking full advantage of Sprooker.
We may change or improve Sprooker at any time. For example, We may develop and distribute updates, enhancements or new features. We may also restrict access to all or any part of Sprooker, stop making Sprooker available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time.
We will always try to give You notice of any changes to Sprooker or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such actions.
We, and Our licensors (as applicable), own all Intellectual Property in and to Sprooker (including any updates, enhancements and new features), and any material published on Sprooker. This material includes, but is not limited to, the design, layout, look, appearance, graphics, trade marks, names, branding and logos, which material is owned by Us or Our licensors (such as Retailers), as the case may be. You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property other than in accordance with this section. Sprooker, and the Content published on it, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Website for Your personal use and You may draw the attention of others within Your organisation to Content posted on Sprooker. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content on Sprooker must always be acknowledged. You must not use any part of the Content on Sprooker for commercial purposes without obtaining a licence to do so from Our licensors or Us.
If You print off, copy or download any part of Sprooker in breach of these Terms, Your right to use Sprooker will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made. Subject to and on the terms of these Terms, We grant You a limited, personal, revocable, royalty-free, non-assignable and non- exclusive licence to use Our Intellectual Property in and to Sprooker solely to enable You to enjoy the benefits of Sprooker as intended by Us under these Terms.
You agree that You will only use Sprooker for lawful purposes. If You send or post information on or using Sprooker, You are responsible for anything You send or post. You must not send or post anything that is offensive, infringes any person’s rights, is against any Applicable Law, or which We think is inappropriate. You must ensure that Your access to and use of Sprooker is not illegal or prohibited by any laws which apply to You.
By using Sprooker, You represent and warrant that You will not:
We may remove from, or refuse to display on, Sprooker anything that We think is inappropriate or in breach of these Terms in Our absolute discretion.
While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guarantee that there will be no loss of data and We expressly exclude liability for any loss of data no matter how caused.
You must not violate the security of Sprooker in any way. We may suspend or cancel Your account or Your access to Sprooker if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:
We may update these Terms at any time, with such updates taking effect when You next use Sprooker or after 30 days, whichever is sooner. No other amendment to the agreement constituting these Terms will be effective unless made in writing, signed by You and by Us. We will use reasonable endeavours to give You notice of any update to these Terms (which notice may be through the Website and/or the Application) before the change comes into effect, although this may not always be possible.
If You continue using Sprooker after an update takes effect, You are deemed to have agreed to the update and will be bound by these Terms as amended.
We have spent a significant amount of time developing and refining Sprooker and are confident You will enjoy using it and find it useful. However, We cannot promise or guarantee any specific outcomes from the use of Sprooker. To the extent permitted by law, We do not make any representations or guarantees about the User experience, quality, or outcomes of any interactions that are initiated via Sprooker. You acknowledge that Sprooker is provided on an “as is” and “as available” basis and that, to the fullest extent allowed by law, we expressly disclaim all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
By accessing and using Sprooker, You assume all risks associated with such access and use. You agree not to hold Us responsible for things other Users post or do. As there are many factors beyond Our control that may affect the performance or compatibility of Sprooker with certain software or hardware, We cannot promise that Your use of Sprooker will be uninterrupted or error or defect free or that errors or defects in Sprooker will be corrected. While We use reasonable measures to ensure the accuracy and currency of data and information on Sprooker, We are not responsible for the data and information supplied to or by Users or third parties. We make no guarantee that the Content on Sprooker (including with respect to any Promotions) is accurate or current. It shall be Your own responsibility to ensure that any products, services or information available through Sprooker meet Your specific requirements.
Information is for guidance only and is not intended to form any part of a contract.
To the maximum extent permitted by law, We (and Our directors, employees and agents) do not accept any liability for, and You agree to release Us (and Our directors, employees and agents) from any and all claims in relation to any loss, howsoever caused, suffered or incurred by You arising from:
You agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from any:
We may suspend Your access to Sprooker (or any part of Sprooker) or terminate Our agreement with You and Your access to Sprooker if We reasonably consider that You are in breach of any provision of these Terms. We may in Our discretion terminate Our agreement with You and Your access to all or part of Sprooker without the need to provide reasons.
These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of South Australia. You submit to the jurisdiction of the courts of South Australia in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
In these Terms, unless the contrary intention appears:
“Applicable Law” means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, Sprooker and the posting of any Content on Sprooker and includes, without limitation, those relating to advertising, equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality. “Application” means the application known or referred to as “Sprooker”, made available by Us. “Content” means any text, graphics, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on Sprooker. “Fee” means any fee charged by Us for the User’s use of Our Services.
“Retailer” means a person who has:
Feedback and reporting misconduct We encourage all Users to report any misconduct experienced while using Sprooker by contacting Us at admin@sprooker.com.au.
Further information
If You have any questions about these Terms or would like any further information, please contact Us at admin@sprooker.com.au.
We appreciate your interest and thank you for visiting Sprooker.