Terms of Use

1. ABOUT

Welcome to Pavely (the ‘Application’). The Application provides geolocation accessibility information, and visitor ratings for venues (the ‘Services’).

The Application is operated by The Moonshine Lab Pty. Limited (ABN 55 616 595 530). Access to and use of the Application, or any of its associates Products or Services, is provided by The Moonshine Lab. These terms and conditions of use (‘Terms’) govern your use of the Pavely mobile application (‘Pavely app’). Your use of the Pavely App will mean you accept these Terms. If you do not agree to these Terms, you may not access or use the Pavely App. These Terms expressly supersede any prior agreements or arrangements with you.

The Moonshine Lab may amend these Terms, any policies or supplemental terms related to the use of the Pavely app from time to time. Amendments will be effective upon The Moonshine Lab posting of such updated Terms at this location or via the Pavely website (https://paveley.com.au). Your continued access or use of the Pavely app after such posting constitutes your consent to be bound by the Terms, as amended.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to access or agree to the Terms where this option is made available to you by The Moonshine Lab in the user interface.

2. THE APPLICATION

Subject to these Terms, the Application is available for download if you have the applicable smart phone, access to the relevant app store and the internet via your smart phone. The Moonshine Lab does not guarantee that the Application, or any part of it, will function on any particular hardware or device. You acknowledge that the Application may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Subject to your compliance with these Terms, The Moonshine Lab grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the content, information and related materials that may be made available through the Application, solely for your personal and non-commercial use.

Notwithstanding the above The Moonshine Lab may cease to provide you with access to the Application or any of its services without notice.

The Application is protected by copyright. Except to the extent permitted by Australian law, you must not use, copy, modify, transmit, store, publish or distribute the material, or create any other material using material from the Application, without the prior written consent of The Moonshine Lab (which may be withheld at its sole and absolute discretion).

Any trademarks (whether registered or unregistered) or logos used or comprised within the Application must not be used or modified in any way without the prior written consent of The Moonshine Lab. The material, products, technology and processes contained in the Application may also be the subject of other intellectual property rights owned by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms.

4. EXTERNAL SITES

The Application may contain links to, or frame, third party web sites (‘External Sites’). The Moonshine Lab is not required to maintain or update such links. Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by The Moonshine Lab of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly stated within the Application.

The Moonshine Lab makes no warranties and accepts no liability in relation to material contained on External Sites. You acknowledge that content (including advertising) on External Sites is not within The Moonshine Lab control and that different terms of use and privacy policies may apply to your use of any External Sites.

6. PRIVACY AND DATA

As part of the registration process, the Application will collect and store your personal information about yourself, including:

(i) Full name
(ii) Email address
(iii) Password

All personal information collected by the Application will be dealt with in accordance with the Privacy Policy. You are responsible for obtaining the data network access necessary to use the Application. Your mobile network’s data and messaging rates and fees may apply if you access or use the Application from a wireless-enabled device and you are responsible for such rates and fees.

7. DISCLAIMERS AND LIMITATION OF LIABILITY

Whilst The Moonshine Lab takes care to ensure that any information in the Application is correct, current and free from errors, The Moonshine Lab does not warrant the accuracy or completeness of or the representations made in such information. You are responsible for assessing the accuracy of such information and rely on it at your own risk.

You must take your own precautions to ensure that whatever you select for use is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Certain statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of such laws but The Moonshine Lab does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of the Application.

Subject to applicable consumer protection laws:

1. 1. (a) The Moonshine Lab is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of the Application, including without limitation use of any service, Partner Benefit or Promo Code provided through or in connection with the Application;
      (b) The Moonshine Lab is not liable for disruptions to the Application service; and
      (c) The Moonshine Lab is not liable to you or anyone else if interference with or damage to your phone or computer systems occurs in connection with use of the Application or an External Site.
      (d) The Moonshine Lab’ liability for a failure to comply with a consumer guarantee under any applicable consumer protection laws is limited to:
      a.in the case of services supplied to you, the supply of the relevant services again, or the payment of the cost of resupplying the services; and
      b. in the case of goods supplied to you, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods.

8. BREACH

If The Moonshine Lab considers, in its absolute discretion, that you have acted contrary to these Terms or in a manner contrary to The Moonshine Lab’s interests, The Moonshine Lab may immediately terminate your access and use of the Application at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action or further access.

You indemnify The Moonshine Lab against all damages, losses and expenses of any kind (including solicitor fees) arising out of or in relation to your breach of these Terms or any violation of any law or the rights of any third party.

9. GOVERNING LAW

Acceptance of these terms and conditions forms an agreement which is governed by the laws of South Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

10. CONTACT

If you have a questions concerning the Application or need to contact us please email [email protected]