MOBILE APP TERMS AND CONDITIONS OF USE


  1. About the Application


1.1 Welcome to Play Scout (Application). The Application provides you with an opportunity to

Browse various activities that have been listed through the Application (Products). The Application provides this service by way of granting you access to the content on the Application (Purchase Services).

  1. The Application is operated by Play Scout Pty Ltd (ACN 55671935103). Access to and use of the Application, or any of its purchase services, is provided by Play Scout Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or its Purchase Services, immediately.

1.3 Play Scout Pty Ltd reserves the right to review and change any of the Terms by updating

this page at its sole discretion. When Play Scout Pty Ltd updates the Terms, it will use

reasonable endeavours to provide you with notice of updates to the Terms. 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 records.


  1. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by

clicking to accept or agree to the Terms where this option is made available to you by Play Scout

Pty Ltd in the user interface.


  1. Registration to use the Purchase Services

  1. In order to access the Purchase Services, you must first register as a user of the

Application. As part of the registration process, or as part of your continued use of the

Purchase Services, you may be required to provide personal information about yourself

(such as identification or contact details), including:

  1. Email address

  2. Preferred username

  3. Telephone number

  4. Password

  5. Childs name and DOB


  1. You warrant that any information you give to Play Scout Pty Ltd in the course of completing

the registration process will always be accurate, correct and up to date.

  1. Once you have completed the registration process, you will be a registered member of the

Application (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if:

  1. you are not of legal age to form a binding contract with Play Scout Pty Ltd; or

  2. you are a person barred from receiving the Purchase Services under the laws of

Australia or other countries including the country in which you are resident or from

which you use the Purchase Services.


  1. Your obligations as a Member


  1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

  1. the Terms;

  2. any applicable law, regulation or generally accepted practices or guidelines in the

relevant jurisdictions;

  1. you have the sole responsibility for protecting the confidentiality of your password and/or

email address. Use of your password by any other person may result in the immediate

cancellation of the Purchase Services;

  1. any use of your registration information by any other person, or third parties, is strictly

prohibited. You agree to immediately notify Play Scout Pty Ltd of any unauthorised use of

your password or email address or any breach of security of which you have become

aware;

  1. access and use of the Application is limited, non-transferable and allows for the sole use of

the Application by you for the purposes of Play Scout Pty Ltd providing the Purchase

Services;

  1. you will not use the Purchase Services or Application for any illegal and/or unauthorised

use which includes collecting email addresses of Members by electronic or other means

for the purpose of sending unsolicited email or unauthorised framing of or linking to the

Application;

  1. you agree that commercial advertisements, affiliate links, and other forms of solicitation

may be removed from the Application without notice and may result in termination of the

Purchase Services. Appropriate legal action will be taken by Play Scout Pty Ltd for any

illegal or unauthorised use of the Application; and

  1. you acknowledge and agree that any automated use of the Application or its Purchase

Services is prohibited.


  1. Purchase of Service and Returns Policy

  1. In using the Purchase Services in the Application, you will agree to the payment of the purchase price listed on the Application for the Product

(Purchase Price).

  1. Payment of the Purchase Price may be made through one of the following third party

providers: Stripe (Android / Google Play) or Apple ID (IOS) in app Purchases. (Payment Gateway Providers) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and

other relevant legal documentation provided by the Payment Gateway Providers.

  1. Following payment of the Purchase Price being confirmed by Play Scout Pty Ltd, you will

be issued with a receipt to confirm that the payment has been received and Play Scout Pty

Ltd may record your purchase details for future use.

  1. Play Scout Pty Ltd may offer refunds, repairs and replacements in accordance with

the Australian Consumer Law and on the terms set out in this Terms and Conditions.

  1. Any benefits set out in this Terms and Conditions may apply in addition to consumer's

rights under the Australian Consumer Law.

  1. Play Scout Pty Ltd may, at their sole discretion, provide a refund on the return of the

Products within 5 days where the Product packaging is unopened and remains in a

saleable condition. You acknowledge and agree that you are liable for any postage and

shipping costs associated with any refund pursuant to this clause.

  1. Play Scout Pty Ltd offers a free 6 months trail, during which time users can access all offered services and digital content. After this period, users accounts will be restricted and will be offered a subscription plan to select from. The user subscription plans will be automatically renewed every month or year depending on the selected subscription plan. By selecting a subscription plan, users acknowledge and agree to these terms.


  1. Copyright and Intellectual Property


  1. The Application, the Purchase Services and all of the related products of Play Scout Pty

Ltd are subject to copyright. The material on the Application is protected by copyright

under the laws of Australia and through international treaties. Unless otherwise indicated,

all rights (including copyright) in the site content and compilation of the Application

(including text, graphics, logos, button icons, video images, audio clips and software)

(Content) are owned or controlled for these purposes, and are reserved by Play Scout Pty

Ltd or its contributors.

  1. Play Scout Pty Ltd retains all rights, title and interest in and to the Application and all

related content. Nothing you do on or in relation to the Application will transfer to you:

  1. the business name, trading name, domain name, trade mark, industrial design,

patent, registered design or copyright of Play Scout Pty Ltd; or

  1. the right to use or exploit a business name, trading name, domain name, trade

mark or industrial design; or

  1. a system or process that is the subject of a patent, registered design or copyright

(or an adaptation or modification of such a system or process).

  1. You may not, without the prior written permission of Play Scout Pty Ltd and the permission

of any other relevant rights owners: broadcast, republish, upload to a third party, transmit,

post, distribute, show or play in public, adapt or change in any way the Content or third

party content for any purpose. This prohibition does not extend to materials on the

Application, which are freely available for re-use or are in the public domain.


  1. Privacy


Play Scout Pty Ltd takes your privacy seriously and any information provided through your use of

the Application and/or the Purchase Services are subject to Play Scout Pty Ltd's Privacy Policy,

which is available on the Application.


  1. General Disclaimer


  1. You acknowledge that Play Scout Pty Ltd does not make any terms, guarantees,

warranties, representations or conditions whatsoever regarding the Products other than

provided for pursuant to these Terms.

  1. Play Scout Pty Ltd will make every effort to ensure a Product is accurately depicted on the

Application, however, you acknowledge that sizes, colours and packaging may differ from

what is displayed on the Application.

  1. Nothing in these Terms limits or excludes any guarantees, warranties, representations or

conditions implied or imposed by law, including the Australian Consumer Law (or any

liability under them) which by law may not be limited or excluded.

  1. Subject to this clause, and to the extent permitted by law:

  1. all terms, guarantees, warranties, representations or conditions which are not

expressly stated in these Terms are excluded; and

  1. Play Scout Pty Ltd will not be liable for any special, indirect or consequential loss or

damage (unless such loss or damage is reasonably foreseeable resulting from our

failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or

damage to goodwill arising out of or in connection with the Purchase Services or

these Terms (including as a result of not being able to use the Purchase Services

or the late supply of the Purchase Services), whether at common law, under

contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  1. Use of the Application, the Purchase Services, and any of the products of Play Scout Pty

Ltdis at your own risk. Everything on the Application, the Purchase Services, and the

Products of Play Scout Pty Ltd, are provided to you on an "as is" and "as available" basis,

without warranty or condition of any kind. None of the affiliates, directors, officers,

employees, agents, contributors, third party content providers or licensors of Play Scout

Pty Ltdmake any express or implied representation or warranty about its Content or any

products or Purchase Services (including the products or Purchase Services of Play Scout

Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or

damage you might suffer as a result of any of the following:

(ii) failure of performance, error, omission, interruption, deletion, defect, failure to

correct defects, delay in operation or transmission, computer virus or other harmful

component, loss of data, communication line failure, unlawful third party conduct, or

theft, destruction, alteration or unauthorised access to records;

  1. the accuracy, suitability or currency of any information on the Application, the

Purchase Service, or any of its Content related products (including third party

material and advertisements on the Application);

  1. costs incurred as a result of you using the Application, the Purchase Services or

any of the Products;

  1. the Content or operation in respect to links which are provided for the User's

convenience;

  1. any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Application; or

  1. any defamatory, threatening, offensive or unlawful conduct of third parties or

publication of any materials relating to or constituting such conduct.


  1. Competitors


If you are in the business of providing similar Services for the purpose of providing them to users

for a commercial gain, whether business users or domestic users, then you are a competitor of

Play Scout Pty Ltd. Competitors are not permitted to use or access any information or content on

our Application. If you breach this provision, Play Scout Pty Ltd will hold you fully responsible for

any loss that we may sustain and hold you accountable for all profits that you might make from

such a breach.


  1. Limitation of Liability


  1. Play Scout Pty Ltd's total liability arising out of or in connection with the Purchase Services

or these Terms, however arising, including under contract, tort (including negligence), in

equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by

you under these Terms or where you have not paid the Purchase Price, then the total

liability of Play Scout Pty Ltd is the resupply of information or Purchase Services to you.

  1. You expressly understand and agree that Play Scout Pty Ltd, its affiliates, employees,

agents, contributors, third party content providers and licensors shall not be liable to you

for any direct, indirect, incidental, special consequential or exemplary damages which may

be incurred by you, however caused and under any theory of liability. This shall include,

but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of

goodwill or business reputation and any other intangible loss.

  1. Play Scout Pty Ltd is not responsible or liable in any manner for any site content (including

the Content or third party content) posted on the Application or in connection with the

Purchase Services, whether posted or caused by users of the Application of Play Scout

Pty Ltd, by third parties or by any of the Purchase Services offered by Play Scout Pty Ltd.

  1. You acknowledge that Play Scout Pty Ltd does not provide the Delivery Services to you

and you agree that Play Scout Pty Ltd will not be liable to you for any special, indirect or

consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising

out of or in connection with the Delivery Services.


  1. Termination of Contract


  1. The Terms will continue to apply until terminated by either you or by Play Scout Pty Ltd as

set out below.

  1. If you want to terminate the Terms, you may do so by:

  1. notifying Play Scout Pty Ltd at any time; and

  2. closing your accounts for all of the Purchase Services which you use, where Play

Scout Pty Ltd has made this option available to you.


Your notice should be sent, in writing, to Play Scout Pty Ltd via the 'Contact Us' link on our

homepage.

  1. Play Scout Pty Ltd may at any time, terminate the Terms with you if:

  1. you have breached any provision of the Terms or intend to breach any provision;

  2. Play Scout Pty Ltd is required to do so by law;

  3. the partner with whom Play Scout Pty Ltd offered the Purchase Services to you has

terminated its relationship with Play Scout Pty Ltd or ceased to offer the Purchase

Services to you;

  1. Play Scout Pty Ltd is transitioning to no longer providing the Purchase Services to

Users in the country in which you are resident or from which you use the service; or

  1. the provision of the Purchase Services to you by Play Scout Pty Ltd is, in the

opinion of Play Scout Pty Ltd, no longer commercially viable.

  1. Subject to local applicable laws, Play Scout Pty Ltd reserves the right to discontinue or

cancel your membership to the Application at any time and may suspend or deny, in its

sole discretion, your access to all or any portion of the Application or the Purchase

Services without notice if you breach any provision of the Terms or any applicable law or if

your conduct impacts Play Scout Pty Ltd's name or reputation or violates the rights of

those of another party.

  1. When the Terms come to an end, all of the legal rights, obligations and liabilities that you

and Play Scout Pty Ltd have benefited from, been subject to (or which have accrued over

time whilst the Terms have been in force) or which are expressed to continue indefinitely,

shall be unaffected by this cessation, and the provisions of this clause shall continue to

apply to such rights, obligations and liabilities indefinitely.


  1. Indemnity


  1. You agree to indemnify Play Scout Pty Ltd, its affiliates, employees, agents, contributors,

third party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage

(including legal fees on a full indemnity basis) incurred, suffered or arising out of or

in connection with any Content you post through the Application;

  1. any direct or indirect consequences of you accessing, using or transacting on the

Application or attempts to do so and any breach by you or your agents of these

Terms; and/or

  1. any breach of the Terms.


  1. Dispute Resolution


13.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have

been complied with (except where urgent interlocutory relief is sought).


13.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give

written notice to the other party detailing the nature of the dispute, the desired outcome

and the action required to settle the Dispute.


13.3. Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)

must:

  1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

  1. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the President of the Australia

- www.amr.asn.au. The most popular choices are the 'Australian Mediation

Association' or the 'Conflict Resolution Service'. or his or her nominee;

  1. The Parties are equally liable for the fees and reasonable expenses of a mediator

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a precondition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation;

  1. The mediation will be held in Melbourne, Australia.


13.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of

evidence.


13.5. Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.


14. Venue and Jurisdiction

The Purchase Services offered by Play Scout Pty Ltd is intended to be viewed by residents of

Australia. In the event of any dispute arising out of or in relation to the Application, you agree that

the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.


  1. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding

or claim of whatever nature arising out of or in any way relating to the Terms and the rights

created hereby shall be governed, interpreted and construed by, under and pursuant to the laws

of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory

rules. The validity of this governing law clause is not contested. The Terms shall be binding to the

benefit of the parties hereto and their successors and assigns.


  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force