app terms and conditions

welcome to Boop! want to meet new people? we’ve taken care of it. we’re aiming to make the online dating process more efficient and our goal is to get people off their phones and out meeting new people.

we set out on the platform the various ways in which we can assist you (our Services). all the details of what we include in our services are set out on our platform, and we’re excited to help you start meeting people! but first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.

 

terms and conditions

this online platform (Platform) is operated by Sticki Co Pty Ltd ABN 82 618 670 045 (we, our or us). It is available via our mobile application and may be available through other addresses or channels.

 

acceptance

you accept these terms and conditions, including any policies, codes of conduct or other terms set out on the platform (terms), by accessing and/or using our platform. you must be 18 years of age or older to use our platform.

if you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

 

signing up to our platform

you must register on our platform and create an account (account) to access the functionality of our platform.

you must provide basic information when registering for an account including name, email address, mobile phone number (to check you are who you say you are!) and location and you must choose a password. You’ll also be asked to provide preferences about the people you would like to meet, such as your preferred age bracket and location.

you must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

you are responsible for keeping your account details and your password confidential and you will be liable for all activity on your account, whether or not you authorised such activities or actions.

you will immediately notify us of any unauthorised use of your account.

at our sole discretion, we may refuse to allow any person to register or create an account. ‍

 

using the platform and our services

you agree to provide all assistance, information and documentation necessary to enable us to provide the services, including your preferences about people you’d like to meet. all information that you provide to us in connection with the platform or the services must be true, accurate and complete.

 

collection notice

we collect personal information about you in order to enable you to access and use the platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our privacy policy.

we may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

our privacy policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.

by providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our privacy policy. ‍

 

prohibited conduct

you must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our platform or which apply to you or your use of our platform; anything which we would consider inappropriate; or anything which might bring us or our platform into disrepute, including (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 platform to bully, stalk, intimidate, assault, mistreat, defame, harass, threaten, menace or offend any person; (3) using our platform to upload any inappropriate pictures; (4) interfering with any user using our platform; (5) tampering with or modifying our platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our platform; (6) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (7) using our platform to send unsolicited email messages; or (8) facilitating or assisting a third party to do any of the above acts.

 

intellectual property rights

we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our platform in accordance with these terms. All other uses are prohibited without our prior written consent.

unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our platform and all of the content. your use of our platform 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 platform or the content.

you must not, without the prior written consent of ourselves or the owner of the content (as applicable) (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 platform, including by (a) altering or modifying any of the content; (b) causing any of the content to be framed or embedded in another website; or (c) creating derivative works from the content.

 

user content

you may be permitted to post, upload, publish, submit or transmit relevant information and content, including information to describe yourself when creating your profile, and information you provide when communicating with other users (user content) on our platform. by making available any User content on or through our platform, 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, and modify such user content on, through, or by means of our platform.

you agree that you are solely responsible for all user content that you make available on or through our platform. 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 platform 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 may, at any time at our sole discretion, remove any user content.

 

consumer guarantees

certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

nothing in these terms excludes your Statutory Rights as a consumer under the ACL. ‍

 

notice regarding Apple

to the extent that you are using or accessing our platform on an iOS device, you further acknowledge and agree to the terms of this clause. you acknowledge that these terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the platform and any content available on the platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our platform.

if our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. you agree to comply with any applicable third-party terms when using our mobile application. Apple and Apple’s subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary of these terms.

you hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

liability

despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these terms; (3) any works, services, goods, materials or items which do not form part of the platform, or which have not been provided by us; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the platform; (5) the platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.

this clause will survive the termination or expiry of these Terms.

 

limitations on liability

despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate liability arising from or in connection with these terms will be limited to us resupplying our services to you or, in our sole discretion, to us paying you $10; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

this clause will survive the termination or expiry of these Terms.

 

warranties and indemnities

you represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these terms and to perform your obligations under these terms; and (2) these terms constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.

you acknowledge and agree that (1) you use the platform or our services at your own risk; and (2) the provision of the platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (third party inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no liability for any default or breach of these terms or any law if such default or breach was caused or contributed to by any third party inputs.

you agree that, to the maximum extent permitted by law, these terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these terms.

indemnity: to the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered by us arising from or in connection with your use of our platform 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.

this clause will survive the termination or expiry of these terms.

 

termination

you may cancel your account and terminate these terms at any time via the “CANCEL ACCOUNT” feature (or similar) on our platform or by sending us an email to the address at the end of these Terms.

at our sole discretion, we may suspend your account or terminate these terms immediately if you are in breach of these terms, any applicable laws, regulations or third-party rights. users have the right to report other users if they feel another user is not using our platform as they should. where possible, we will suspend your account and allow you to rectify any undesirable behaviour, but if we need to, we will cancel your account.

we may also terminate these terms without cause by giving you 7 days’ notice.

disputes: in the event of any dispute arising from, or in connection with, these terms (dispute), the party claiming there is a dispute must give written notice to the other party setting out the details of the dispute and proposing a resolution. within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the dispute or agree on the method of resolving the dispute by other means, in good faith. all aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. if the parties do not resolve the dispute or (if the dispute is not resolved) agree on an alternate method to resolve the dispute, within 21 days after receipt of the notice, the dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

general

third party sites: our platform may contain links to websites 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. you should make your own investigations with respect to the suitability of those websites.

discontinuance: we may, at any time and without notice to you, discontinue our platform, in whole or in part. we may also exclude any person from using our platform, at any time at our sole discretion. 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) you may suffer arising from or in connection with any such discontinuance or exclusion.

no commercial use: our platform is for your personal, non-commercial use only. you must not use our platform, or any of the content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

competitors: you are prohibited from using our platform, including the information and materials available on it, in any way that competes with our business. if you breach this term, we will hold you responsible for liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

variation: we may modify these terms from time to time by notifying you by email. by continuing to use the platform after such modification, you agree to the amended terms. if you do not agree to the modifications, you must terminate your account and stop using the platform

assignment: you may not assign, transfer or delegate your rights and obligations under the terms without our prior written consent. we may without restriction assign, transfer or delegate our rights and obligations under these terms with 30 days prior notice.

severance: the provisions of these Terms are severable and if any provision of these terms is held to be void, invalid, illegal or unenforceable, 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 platform and these terms are governed by the laws of Victoria. you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

discount codes

unique discount codes are provided by the specific venue. current discounts are provided by Australian Venue Co.; each code entitles users to 15% off the bill, provided the total value of the bill is at least $10AUD, is valid for a single use only, and cannot be redeemed for cash. codes are only redeemable through the Mr Yum ordering platform and do not apply to the following non-exhaustive list:

  • bottomless brunches

  • boat hire

  • trivia

  • events

code values are subject to change without notice. discounts may not be available for all venue providers or at all times; please check the details of the specific code to know more.

 

for any questions and notices, please contact us at:

Sticki Co Pty Ltd ABN 82 618 670 045 ‍ Email: admin@getsticki.com

last update: 23 November 2021