Apps Terms of Use

This page (together with the documents referred to on it) tells you the terms of use (the “Terms of Use”) on which you may make use of our “SHOWCAST 2017” application for mobile devices (the “App”). Please read these Terms of Use carefully before you download, install or use the App. By downloading, installing or using the App, you indicate that you accept these Terms of Use and that you agree to abide by them. Your download, installation or use of the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you create a listing, download, install or use the App. If you do not agree with these Terms of Use, you should cease membership, downloading, installing or using the App immediately.

The App is operated by Havern Pty Ltd (80 060 011 798) and we refer to ourselves as “we”, “us” or “our” in this document). We own and operate the App on our own behalf.

We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the www.showcast.com.au website or by updating the App. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use.

To download, install, access or use the App, you must be 16 years of age or over. If you are under 16 and you wish to lit, use, download, install, access or use the App, you must get consent from your parent or guardian before doing so.

We are a company registered in Australia, so we have complied with applicable Australian laws in making the App and its content available to you. If the App is accessed by you from outside Australia, this is entirely at your risk. We make no representation that the App and its content are available or otherwise suitable for use outside Australia. If you choose to access or use the App from or in locations outside Australia, you do so on your own initiative and are responsible for ensuring that what you are doing in that country is legal; and

the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).

You are responsible for all access to the App through your mobile device and for bringing these Terms of Use to the attention of all such persons.

Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.

You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:

  • is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
  • is fraudulent, criminal or unlawful;
  • is inaccurate or out-of-date;
  • may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  • impersonates any other person or body or misrepresents a relationship with any person or body;
  • may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
  • may be contrary to our interests;
  • is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
  • involves your use, delivery or transmission of any viruses, unsolicited emails, intercept or expropriate any system, data or personal information.

You agree not to reproduce, duplicate, copy or re-sell the App or any part of the App save as may be permitted by these Terms of Use.

You agree not to access without authority, interfere with, damage or disrupt: any part of the App;

  • any equipment or network on which the App is stored;
  • any software used in the provision of the App; or
  • any equipment or network or software owned or used by any third party.

You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub- licence to use any material which you submit to us or the App for the purpose of use on the App or for generally marketing by any means and in any media, including, but not limited to, our website.

We warrant that, in making the App available to you, we shall use our reasonable skill and care. Whist we endeavour to make the App available 24 hours a day, we cannot be liable if for any reason the App is unavailable for any time or for any period. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.

We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.

We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.

Whilst we endeavour to ensure that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.

We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it.  Those works are protected by copyright laws.  All such rights are reserved.

We process information about you in accordance with our Privacy Policy, which is available on our website at www.showcast.com.au.  By using or listing in The App, you consent to such processing and you warrant that all data provided by you is accurate.

Third Party Websites

We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists. Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

You must not without our permission:

  • use or copy any material from the App, including, but not limited to photographs and contact details, onto other websites or in other mobile applications; or
  • frame any of the App onto your own or another person’s website or mobile application.

 Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms of Use and your use of the App (and all non-contractual relationships arising out of or connected to it) shall be governed by and construed in accordance with Australian law. You submit to the exclusive jurisdiction of the Australian courts to settle any dispute or claim which may arise under, or in respect of, these Terms of Use or your use of the App.