Terms of Service
Last Updated on March 3, 2020
Thank you for signing up to use our Service, Catchups, which will be referred to as (“name”, “us”, we” or “our”). The term “you” refers to the person or entity accessing or otherwise using our Service.
This Terms of Service Agreement (or “Terms” for short) describes the guidelines of Catchups’ relationship with you and is a legal agreement, so please read it carefully.
BY CLICKING THE “SIGN UP” BUTTON, COMPLETING THE SIGN UP PROCESS, OR USING OUR SERVICE, INCLUDING DOWNLOADING OUR CATCHUPS APPLICATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THESE SERVICES.
1. Who can use the service
To use Catchups, you must be at least 13 years old (or such other age as determined by your jurisdiction). If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Service if your parent or guardian agrees to these Terms on your behalf.
By using Catchups, you state that:
· You can form a binding contract with Catchups
· You are not a convicted sex offender
· You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
2. Your rights to use the service
Subject to your compliance with these Terms, and any other policies we make available to you from time to time, including our Community Guidelines, Catchups grants you a personal, worldwide, royalty-free, non- transferable, non-exclusive, revocable, non-sublicensable license to access and use the Service.
You agree that any software that we provide you, including the Catchups application, may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorise us to deliver such software to you) as part of your use of our Services. You may withdraw consent by ceasing to use the Services.
You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. You may not reverse engineer or attempt to extract the source code of that software, except to the extent these restrictions are expressly prohibited by applicable law.
3. Rights you give us
Many of our Services let you create, upload, send, receive and store content. When you do that, you keep the ownership rights in that content you had to begin with. In order for us to perform our Services, you grant us a non-exclusive, royalty-free, irrevocable, worldwide licence, with the right to grant sub-licenses to reproduce, distribute, host, display your content for the purpose of operating, developing, providing, and improving the Services, including publishing, distributing and promoting your content with whom who have interacted with. You also grant us a sublicense to use your content as described in our Privacy Policy.
Please note: This does not mean we can do anything we want with your content. This simply means for us to carry out our services, we require permission from you to access this content so we can send messages to your friends when you choose to do so. Through our encryption practices, we are unable to view any message content on our server.
While we’re not required to do so, we may access, review, screen and delete your account at any time and for any reason if we think it may violate these Terms. You are responsible for the content that you create, send and store through the Services.
We always love to hear from our users, but if you provide feedback or suggestions, we are able to use this without any means of compensating you and without any restriction or obligation to you.
4. Privacy
Your privacy matters to us. You can learn more about how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to read it carefully because by using our Services you agree that Catchups can collect, use and share your information in the ways described in that policy.
5. Respecting other people’s rights
Catchups respects the rights of others, and so should you. You may therefore not use the Services, or enable anyone else to use the Services in a manner that:
· Violates or infringes someone else’s rights of copyright, trademark, patent, trade secret, moral right, privacy, publicity, or any other intellectual property or proprietary right
· Is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity, including Catchups
· Is bullying, harassing, abusive, threatening, vulgar, obscene, offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, harmful to minors under the age of 13 (or such other age determined by your jurisdiction) or physical harm of any kind against any group or individual
· Spams or solicits Catchups users
· Interferes with the positive experience of other users on the Catchups platform
You also agree not to use the Services to:
· Upload or distribute any form of viruses, worms, malicious code or any software intended to damage or alter data
· collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers)
· disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack)
· attempt to gain unauthorised access to the Services or servers or networks connected to the Services (e.g. through password mining)
· interfere with another user’s use and enjoyment of the Services.
6. Your account
You are responsible for any activity that occurs on your account, so please keep it secure. One way to do so is to make sure you have a strong password that you don’t use for any other account. You agree that the registration information that you provide upon sign up is true and that you will keep it up to date.
By using the Services, you agree that:
· You will not create more than one account for yourself
· You will not create another account if we’ve disabled your account, unless you have our written permission to do so
· You will not buy, sell, rent or lease access to your Catchups account or username unless you have our written permission
· You will not share your password with anyone
· You will not log in or attempt to access the Service through unauthorised third-party applications or clients
7. Data charges
You are responsible for any mobile charges that you may incur for using our Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
8. Ownership
We, or our affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to the Services, all modifications, improvements, customisations, updates, enhancements, derivative works, translations and adaptations to the foregoing.
9. Copyright
Our policy allows copyright owners to request the removal of any infringing material and for the termination of users of our Services who are repeat infringers of intellectual property rights, including copyrights.
If you believe that anything on the Services infringes a copyright that you own or control, please report the following information in writing to our designated agent.
1) Your signature
2) Identification of the copyrighted work(s)
3) Sufficient information to permit us to locate the material (for eg, who sent the material, what time, who received the material)
4) Your address, phone number and email address
5) A statement that you have a good faith belief that use of objectionable material is not authorised by the copyright owner, its agent or under the law
6) A statement that the information provided is accurate and under the penalty of perjury, that you are the owner of the copyright that has allegedly been infringed or written permission that you are authorised to act on behalf of the copyright owner.
Please note that any misrepresentations in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Please email your report with the following details;
Subject: COPYRIGHT INFRINGEMENT (Your Country of Residence)
10. Third Party services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Catchups is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
11. Modifying the services and termination
We are always improving our Services and creating new ones all the time. We may add or remove features, products or functionalities and we may also suspend or stop certain Services at any time without notice. You can terminate these Terms at any time and for any reason by deleting your account.
Catchups may also terminate these Terms with you at any time, for any reason and without advance notice. We may stop providing you with any Services or impose new or additional limits on your ability to use your Services. We may also deactivate your account due to prolonged inactivity and we may reclaim your username at any time for any reason.
12. Additional terms for specific services
Due to our ever-growing Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms conflicts with these Terms, the additional terms will prevail.
13. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless, Catchups, our affiliates, directors, officers, agents and suppliers from and against any and all claims, suits, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.
14. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE CATCHUPS ATTEMPTS TO PROVIDE A GREAT USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
CATCHUPS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH CATCHUPS WILL BE RESPONSIBLE FOR.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATCHUPS AND OUR MANAGING MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF CATCHUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CATCHUPS AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID CATCHUPS, IF ANY, IN THE LAST 12 MONTHS.
16. Exclusive venue
Except as prohibited by applicable law, these Terms are governed by the laws of Sydney, Australia and the federal laws of Australia applicable therein, aside from its conflict of laws principles. Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located exclusively within Sydney, Australia, for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
17. Resolution of disputes
Mandatory Arbitration
Any dispute or claim made by you relating to these Terms will be referred to and determined exclusively through binding confidential arbitration conducted in Sydney, Australia, unless the parties agree otherwise or otherwise provided herein.
The arbitration will be held on an individual basis, before a single arbitrator and in accordance with Australian Law. You and Catchups agree that all information presented during Arbitration will remain confidential and not made public.
BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS.
You and Catchups also agree that:
(i) you and Catchups will each pay such portion of the costs of the arbitration, as determined by the arbitrator
(ii) the arbitrator may consider whether costs are prohibitive compared to litigating in a court, and may require Catchups to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness
(iii) the arbitrator will honour claims of privilege and privacy recognised at law
(iv) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law
(v) the arbitrator's award will be final and non-appealable, but may be enforced in any court of competent jurisdiction.
Jury Trial Waiver
YOU AND CATCHUPS WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Catchups are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Catchups in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CATCHUPS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Class Action Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER
Right to Opt Out
You may opt out of this arbitration agreement. If you do so, neither you nor Catchups can force the other to arbitrate. To opt out, you must notify Catchups in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Catchups username and the email address you used to set up your Catchups account and a statement that you want to opt out of this arbitration agreement. Please email your opt out notice to admin@catchupsapp.com.
Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
18. Severability
If any provisions of these Terms are found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
19. Final Terms
· These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Catchups, and supersede any prior agreements.
· These Terms do not create or confer any third-party beneficiary rights.
· If we do not enforce a provision in these Terms, it will not be considered a waiver.
· We reserve all rights not expressly granted to you.
· You may not transfer any of your rights or obligations under these Terms without our consent.
Contact us
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