Terms & Conditions

Terms & Conditions

ABOUT US

Crcle is a mobile app offering a one-stop-shop for you to manage your social life. Crcle makes it easy to organise events of all sizes by finding out when your friends are free and where they like to go, with the ability to then interact with hospitality and entertainment venues.

AGREEMENT

ABOUT THESE TERMS

1.1 In these Terms “Crcle” “we”, “us” or “our” means Crcle Pty Ltd (ACN 654 876 525) and includes its subsidiaries, and their respective directors, employees and agents. “User” “You” or “your” means the User who accepts these Terms. Additional definitions are set out in clause 16.1.

1.2 You should read these Terms carefully. They apply to your use of our Platform.

1.3 By using or accessing the Platform, you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Platform. If you do not agree to these Terms you should immediately cease accessing and using the Platform.

1.4 We reserve all rights to alter these Terms at our discretion. Each time you use the Platform, it is your responsibility to be aware of our current terms. Your continued use of the Platform following the posting of changes to these Terms will be deemed your acceptance of those changes.

1.5 These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Platform and Services or until terminated in accordance with clause 6.1.

OVERVIEW OF SERVICES

2.1 If you register for an account in accordance with clause 4.1 and your registration is accepted by us, you will have access to the Services and direct support from us, and will be able to:

(a) view nearby Venues suggested by Crcle on the Platform;

(b) create an account profile on the Platform;

(d) connect with your Crcle on the Platform;

(e) recommend a Venue or add the Venue to your list of favourites saved on the Platform;

(f) send messages conduct polls and share calendars with your Crcle;

(g) organise and create private events with your Crcle at a Venue or other location, and register your interest or attendance at publicly advertised events;

(h) upload and share photos in connection with an event created on the Platform; and

(i) review your event history.

2.2 We reserve the right to change or amend the Services at any time. If those changes have a significant and negative impact on you or your use of the Service, we’ll take all reasonable steps to notify you.

USING THE SERVICES

3.1 You must ensure that your access to, and use of, the Platform is not illegal or otherwise prohibited by laws that apply in your jurisdiction.

3.2 Any information on the Platform or otherwise provided to Users is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.

3.3 Users are responsible for verifying the identity and authenticity of another User or nearby Venue on the Platform including the provision of any of goods and/or services. Despite our use of reasonable endeavours to verify the identity of Users on the Platform, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, reputation, or credibility of any User, nor the capacity, ability or willingness of the User to engage or transact with you. We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive information with others.

3.4 You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.

3.5 The Services may contain links to other websites, including websites or booking services associated with nearby Venues which are identified on the Platform. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Platform, or external websites that advertise the Platform, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy, security and other policies of those third parties.

3.6 You acknowledge and agree that you bear the sole responsibility for verifying and agreeing to any terms and conditions associated with any third party website or booking reservation service in relation to a Venue identified on the Platform. We accept no responsibility for any transactions that occur outside the Platform, or transactions which are facilitated by or on the Platform.

3.7 We use the Google Places API integration on the Platform to allow you to search for nearby Venues based on your geographic location. You acknowledge and agree that by using the Platform and the Services, you are bound by Google’s Terms and Services, which are accessible here and on our website.

3.8 If you collect content and information directly from Users, you must make it clear that you (and not us) are collecting it and must provide notice about and obtain User consent for your use of the content and information you collect.

3.9 You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Platform and use of the Services.

3.10 While using the Platform, and any associated Services, you must not:

(a) misuse any part of the Platform by introducing viruses, trojans or other material that is malicious or technologically harmful;

(b) post any content or photo that includes a verified checkmark, third-party products, brands or sponsors;

(c) promote online gambling, or gaming where anything of monetary value (including digital currencies) is required to play and anything of monetary value forms part of the prize;

(d) attempt to gain unauthorised access to any part of the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform;

(e) engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;

(f) attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Platform;

(g) send messages that are unwanted (including spam), harass other Users, or engage in any abusive or derogatory behaviour; or

(h) advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.

3.11 You are responsible for ensuring that any event or listing you create on the Profile complies with all applicable laws, statutes and regulations and is not promoted using deceptive of misleading business practices, including those intended to scam people out of money or personal information. You must not impersonate or falsely misrepresent a brand, entity or public figure.

3.12 We maintain a zero tolerance policy with respect to any behaviour or use of the Platform that is offensive, inappropriate, upsetting or abusive. Without limiting our rights under clause 6.1, you agree that any content posted or shared by you on our Platform that is found to be offensive, inappropriate, upsetting or abusive by another User may be removed or reported by that User. We also encourage you to report or remove content that you believe violates these Terms.

3.13 We may contact you by email or by your nominated contact number, or provide you with information by posting notices on the Platform. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check the Platform, your nominated email address or contact number regularly for any correspondence.

3.14 We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

3.15 If you fail to comply with these Terms, we may, in our absolute discretion and without liability:

(a) immediately, temporarily or permanently withdraw your right to access and use the Services and the Platform (including deletion of your account);

(b) take any other legal action against you; or

REGISTRATION

4.1 To access certain parts of the Services, you must register with us by providing us with Registration Data as requested. You may not use one contact number to register for multiple accounts.

4.2 We reserve the right to decline your registration request if you do not pass our verification process.

4.3 If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.

4.4 If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:

(a) exercise supervision over the Minor's use of our Services and their personal account with us;

(b) assume all risks associated with the Minor's use of our Services and their account, including the transmission of content or information to and from third parties via the internet;

(d) ensure the accuracy and truthfulness of all information submitted to us and the Platform by the Minor; and

(e) provide the necessary consents contained in these Terms on behalf of the Minor.

4.5 We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Platform by that Minor.

4.6 Subject to clause 4.4, if you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.

4.7 If you provide us with Registration Data, you consent to the following:

(a) in relation to Users, we may provide your Registration Data to Listers for the purposes of providing you with the Services;

(b) you may receive emails or other correspondence from us regarding details of your registration and/or information relating to your access and use of the Services and your account; and

(c) from time to time, we may email you or provide notice on the Platform regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails or other correspondence may contain code that enables our database to track your usage of the correspondence, including whether the correspondence was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised communications to you.

4.8 You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

PROMOTIONS

5.1 You may not use the Platform to communicate or conduct a trade promotion lottery.

5.2 From time to time we may advertise or conduct promotions or competitions on our Platform. Information we provide you by email or on the Platform about how to enter the competition and prize information forms part of these Terms. This includes (but is not limited to) information about:

(a) eligibility requirements and restrictions on entry;

(b) description and retail value of the prize(s);

(d) when and how winners will be selected;

(e) the order in which winners will be selected (if there is more than one prize);

(f) how winners will be notified; and

(g) whether and where the results will be published.

5.3 Your participation in any competition is deemed acceptance of the competition terms which, in addition to the information provided under clause 5.2 relating to conditions of entry, includes the following conditions:

(a) when we conduct a game of skill, each entry will be judged individually based on merit or any judging criteria included in any instructions we provide you about how to enter the competition;

(b) when we conduct a competition that involves a game of chance, we will operate in accordance with the applicable laws and regulations for the State and Territories in which the competition is hosted (including with respect to obtaining any permit or licence that we require to conduct a trade promotion lottery and keeping records);

(c) entry is free and is open to residents of Australia. Our employees and their immediate families, suppliers, associated companies and agencies are ineligible to enter. We reserve the right to refuse or disqualify persons under the age of 18 years from participating if the prize or aware involves any goods or services that are restricted by law to people over the age of 18.

(d) promotion commences and closes on the dates shown in any instructions we provide to you about how to enter;

(e) winners will not incur a cost to accept a prize (other than a trivial cost);

(f) we may publish names of winners online where required under applicable laws;

(g) prizes must be transferred to the winner within 28 days after the draw. The winner of a prize may only be substituted by a second draw if the competitions allows for the re-drawing of winners, and if reasonable efforts were made to identify the winner that were unsuccessful;

(h) if information about entrants is to be used for a purpose other than the conduct of the lottery, we will state this in any information we provide to you about how to enter;

(i) one entry is permitted per person unless the competition allows for multiple entries from the same person. Incomplete entries or entries submitted through an automated competition entry service from the same IP address are invalid and will be disqualified;

(j) prizes are non-transferrable or exchangeable and cannot be taken as cash. Prizes may be substituted by us if the substituted prize is of the same or greater value than the original prize and the original prize is unavailable due to circumstances beyond our control.

(k) all entrants must reside in the State or Territory that the competition is conducted in. Winners entering from outside States or Territories will be disqualified;

(l) we reserve the right, at any time, to verify an entry or entrant and disqualify an entrant which we have reason to believe has submitted an entry not in accordance with these Terms; and

(m) any other conditions or requirements we impose from time to time in connection with the applicable competition.

TERMINATION

6.1 In addition to our rights under clause 3.15, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Platform and/or the Services, if:

(a) it transpires that you have provided false or misleading information on the Platform;

(b) you are found by us to be offensive or abusive to another User; or

6.2 If your access to the Platform and/or the Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.

WARRANTIES

7.1 We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.

7.2 You agree to use your reasonable endeavours to ensure that the information that you supply us or any other User is complete and accurate and notify us (and, if relevant, the User(s)) in writing if there is any change to the information supplied.

7.3 Except as expressly provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the suitability, condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. Access to the Services and Platform is provided on an “as is” basis. All implied warranties are hereby excluded.

7.4 Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

LIABILITY

8.1 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by any Outages, viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Platform or downloading of any material posted on it or on any website linked to it. We recommend Users ensure they have up-to-date virus checking software installed.

8.2 To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to goods or services sold, or advertised, via the Platform (including any dispute or complaint regarding any goods or services). You should address such complaints directly with the User to which the complaint relates.

8.3 You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Platform or these Terms. For the avoidance of doubt, in no circumstance will we be liable for any loss or damage arising out of or in connection with an incident at an event or social occasion that was created or organised on the Platform, and you agree to release from and indemnify us against any such loss or damage.

8.4 You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than AUD $100.

8.5 The User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

8.6 Clauses 8.1 to this clause 8.6 survive termination or expiry of these Terms.

INDEMNITY

9.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Platform and your use of the Services (including with respect to any incident at an event or social occasion that was created or organised on the Platform).

9.2 You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Platform, the Services and any breach by you of these Terms.

9.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any User due to your actions, and you indemnify us from and against any and all claims by any User in relation to your actions (including content created and posted by you).

9.4 Clauses 9.1 to this clause 9.4 survive termination or expiry of these Terms.

INTELLECTUAL PROPERTY

10.1 You acknowledge that all Intellectual Property Rights in the Services and the Platform (excluding any Intellectual Property Rights in Google Places API) are the property of us (or our licensors) and your use of, and access to, the Services and the Platform does not give you any rights, title or interest in or to the Services or the Platform. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services or the Platform or any part of the Services or the Platform.

10.2 You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.

10.3 Subject to clause 10.4 and 10.5 below, Users may access and use the Platform for their personal and non-commercial use only. Users must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services or the Platform on another website or commercialise any information obtained from any part of the Services or the Platform without our prior written consent.

10.4 By uploading, posting, transmitting or otherwise making available any Material via the Services or the Platform, you:

(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the Material. You’ll otherwise retain your rights in your Material; and

(b) with respect to all Material:

(i) you represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Services or the Platform;

(ii) your Material will not breach any applicable laws; and

(iii) your Material will comply with this Terms at all times (including, without limitation in relation to clause 3.10).

10.5 Users who wish to access and use the Platform for any business or commercial purpose are also bound by the terms set out in this clause 10.5 and any supplemental terms which we put in place from time to time which apply to access or use of the Platform or Services for a business or commercial purpose. In addition to the Terms, if this clause applies, you:

(a) agree to notify us in advance regarding the business or commercial purpose for using the Platform or Services;

(b) agree to ensure that any third party on whose behalf use access or use the Platform or the Services for any business or commercial purpose will abide by the applicable Terms and any supplemental terms and you represent and warrant you have authority to bind that third party to such terms;

(c) represent and warrant that your access or use of the Platform or the Services for business or commercial purposes complies with all applicable laws, rules and regulations;

(d) in addition to and without limiting the scope of the limitations set out in clauses 8.1 to 8.6, you agree we are not responsible for the actions, services, content or data of third parties and you release us, our directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties; and

(e) if anyone brings a claim, cause of action or dispute against us related to your services, actions, content or information on the Platform or Services, you agree to indemnify and hold us harmless from and against any damages, losses and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action or dispute.

UNAVOIDABLE EVENTS

11.1 We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

DISPUTE RESOLUTIONS

12.1 If you have a complaint about the performance of these Terms or the Services, you will contact us at support@crcle.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

12.2 Clause 12.1 and this clause 12.2 survive the expiry or termination of these Terms.

PRIVACY

13.1 We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.

APP STORE TERMS

14.1 If you have downloaded Crcle from the Apple App Store or Google Play (together, the “App Stores”), you also acknowledge and agree that:

(a) these Terms are between you and Crcle, and not with any App Store. But in circumstances where the Terms are inconsistent with those of an App Store, the App Store’s terms apply;

(b) Crcle is solely responsible for the Platform and Services, any support or maintenance services, or product warranties given in connection with the Platform and Services (subject at all times to these Terms). To avoid doubt, the App Stores are not responsible for the investigation, defence, settlement, and discharge of any third party claim that the Service or Platform and/or your possession and use of those infringe a third party’s Intellectual Property rights;

(d) the App Stores and their group companies are the third party beneficiaries of these Terms, and will have the right to enforce them against you as a beneficiary; and

(e) you are not:

(i) located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country;

(ii) listed on any US Government list of prohibited or restricted parties; and

(f) if you have any complaints or claims with respect to the Service or Platform, they should be directed to Crcle as follows: support@crcle.com.au

GENERAL

15.1 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.

15.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

15.3 These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

DEFINITIONS

16.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:

“Crcle” has the meaning given in clause 1.1 or means the Users who you have added to your network on the Platform (as the context requires);

“Google Places API” means the service developed by Google LLC, organised under the laws of the State of Delaware, USA, and integrated with the Platform that allows you to search for place information about establishments, prominent points of interest and geographic locations.

“Inner Crcle” means the Users who you have added to your network, and who you have identified separately from other Users in your Crcle;

“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;

“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, or otherwise displayed, uploaded or published on, or via, the Platform;

“Outage” means any interference, interruption or unavailability of the Services caused by the following:

(a) scheduled maintenance of all or some part of the Platform;

(b) misuse by a User of all or some part of the Platform;

(d) network and internet connectivity; or

(e) the failure or malfunction of any software or hardware owned by the User or any other third party, including Google Places API.

“Platform” means our mobile application available on the iOS App Store and Google Play store, the Website, and any associated services, software, networks or processes;

“Privacy Policy” means our privacy policy, available here;

“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender and contact details;

“Services” means the services we provide to you on the Platform, including by providing you with access to a community of Users on the Platform and to connect Users to Venues;

“Terms” means these User Terms, as may be amended by us from time to time, at our discretion.

“User” means any person or entity using the Platform or the Services; and

"Unavoidable Event” has the meaning given in clause 11.1;

“Venue” means a café, bar, restaurant, brewery, winery or other hospitality venue, establishment or prominent point of interest that is identified through a search request on the Platform based on a User’s geographic location.

“Website” means the website located at crcle.com.au or any other website nominated by us from time to time.