1. About the application

Welcome to DropIn (the “Application”). The application allows you to browse and log your visits at supported venues across Melbourne, Australia. It provides these services by granting you access to         the content and features of the Application (the “Services”).
The Application is developed and operated by Solution 22 Aus (ABN 77 160 488 273). Access to and use of the Application, including any associated products or services, is provided by Solution 22 Aus.

By using or browsing the Application, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree with these Terms, you must stop using the Application and its Services immediately.

Solution 22 Aus reserves the right to review and update these Terms at any time. Updates will take effect immediately upon publication. While we will make reasonable efforts to notify you of changes, we recommend keeping a copy of the Terms for your records.

2. Acceptance of the terms

You agree to these terms by using or browsing the application. You may also explicitly accept the terms by clicking “Accept” or a similar option when prompted within the Application by Solution 22 Aus.

3. Registration to use the services

To access the services, you must first register as a user of the Application. During registration or as part of your ongoing use of the services, you may be asked to provide personal information, such as:

• Email address
• Mailing address
• Phone number

You confirm that any information you provide to Solution 22 Aus during registration will be accurate, complete, and up to date.

4. Your obligations as a member

As a member, you agree to the following:

1. Lawful use: You will use the services only in ways allowed by these terms, applicable laws, regulations, and generally accepted practices.
2. Account security: You are solely responsible for keeping your password and email address confidential. Any use of your account by someone else may lead to immediate cancellation of Services.
3. Unauthorized access: You must notify Solution 22 Aus immediately if you become aware of any unauthorized use of your account or any security breach.
4. Non-Transferable use: Your access to the application is personal, limited, and non-transferable, intended solely for using the Services provided by Solution 22 Aus.
5. Prohibited activities:

• • • You will not use the services for illegal or unauthorized purposes, including:
    • Collecting email addresses of other Members to send unsolicited emails.
    • Unauthorized framing, linking, or copying of the Application.

      6. Advertisements & Solicitation: Commercial advertisements, affiliate links, or other solicitations may be removed without notice, and such activity may result in termination of Services. Solution 22 Aus may take legal action for any illegal or unauthorized use.

      7. Automated Use: Any automated use of the application or its services is strictly prohibited.

5. Copyright and Intellectual property

    1. Ownership of content:

The Application, the services, and all related products of Solution 22 Aus are protected by copyright under Australian law and international treaties. Unless otherwise indicated, all rights (including copyright) in the Application’s content-such as text, graphics, logos, button icons, videos, audio clips, and software (the “Content”) are owned or controlled by Solution 22 Aus or its contributors.

    2. Retained rights:

Solution 22 Aus 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 grants you:

• The business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Solution 22 Aus;
• The right to use or exploit a business name, trading name, domain name, trademark, or industrial design;
• Any system or process that is subject to a patent, registered design, or copyright (or any adaptation or modification of such a system or process).

3. Restrictions on use:

• You may not, without prior written permission from Solution 22 Aus and any other relevant rights owners:
• Broadcast, republish, upload to a third party, transmit, post, distribute, show, or play in public;
• Adapt or modify the content or any third-party content for any purpose.

4. Public domain exception:

These restrictions do not apply to materials on the application that are freely available for reuse or are in the public domain.

6. Privacy

Solution 22 Aus takes your privacy seriously and is committed to protecting your personal information. Any information you provide through your use of the application or the services is handled in accordance with Solution 22 Aus’s Privacy Policy, which is available within the Application.

7. General disclaimer

You acknowledge that Solution 22 Aus does not make any guarantees, warranties, representations, or conditions regarding the Products except as expressly stated in these Terms.

Nothing in these terms limits or excludes any guarantees, warranties, representations, or conditions implied or required by law, including those under the Australian Consumer Law, which cannot be legally limited or excluded.

Subject to this, and to the extent permitted by law:

• All terms, guarantees, warranties, representations, or conditions not expressly stated in these Terms are excluded.

• Solution 22 Aus will not be liable for any special, indirect, or consequential loss or damage, including loss of profit or opportunity, or damage to goodwill, arising from your use of the Services or Products (including delayed supply or inability to use the Services), except where such loss is reasonably foreseeable under applicable Consumer Guarantees.

Use of the application, the services, and any products of Solution 22 Aus is at your own risk. Everything is provided on an “as is” and “as available” basis, without any warranty or condition.

Neither Solution 22 Aus nor its affiliates, directors, officers, employees, agents, contributors, or third-party providers make any express or implied representation or warranty about the content, products, or Services. This includes, but is not limited to, any loss or damage resulting from:

• Failure of performance, errors, omissions, interruptions, defects, delays, viruses, data loss, communication failures, or unauthorized access;
• Accuracy, suitability, or currency of any information on the application, the services, or related content;
• Costs incurred from using the application, services, or products;
• Content or operation of links provided for your convenience;
• Failure to complete transactions or any losses from e-commerce on the Application;
• Defamatory, threatening, offensive, or unlawful conduct by third parties, or related publications.

8. Termination of contract

      8.1 These Terms will continue to apply until terminated by either you or Solution 22 Aus as set out below.

      8.2 Termination by you:

You may terminate the Terms at any time by:

• Notifying Solution 22 Aus in writing via the ‘Contact Us’ link on our homepage; and
• Closing your accounts for all Services where this option is available.

      8.3 Termination by Solution 22 Aus:

Solution 22 Aus may terminate the terms with you at any time if:

• You have breached or intend to breach any provision of the Terms;
• Solution 22 Aus is required to terminate by law;
• A partner offering Services through Solution 22 Aus has ended its relationship or stopped providing Services to you;
• Solution 22 Aus is phasing out services in your country of residence or use; or
• Provision of Services to you is no longer commercially viable, in Solution 22 Aus’s opinion.

      8.4 Suspension or Denial of access:

Subject to applicable local laws, Solution 22 Aus may discontinue or cancel your membership, or suspend or deny access to all or part of the Application or services without notice if:

• You breach any terms or applicable law;
• Your conduct impacts the reputation of Solution 22 Aus; or
• Your actions violate the rights of another party.

      8.5 Effect of termination:

When the Terms end, all legal rights, obligations, and liabilities that you and Solution 22 Aus have accrued, or which are intended to continue indefinitely, will remain in effect despite termination.

9. Indemnity

      9.1 You agree to indemnify and hold harmless Solution 22 Aus, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

• Any actions, suits, claims, demands, liabilities, costs, expenses, or losses (including legal fees on a full indemnity basis) arising from or in connection with any Content you post through the Application;
• Any direct or indirect consequences resulting from your access, use, or transactions on the Application, or any attempts to do so, including any breach of these Terms by you or your agents; and/or
• Any other breach of these Terms by you.

10. Dispute resolution

      10.1 Compulsory:

If a dispute arises out of or relates to these Terms, neither party may commence Tribunal or Court proceedings in relation to the dispute unless the following steps have been followed, except where urgent interlocutory relief is required.

      10.2 Notice:

A party claiming that a dispute (“Dispute”) has arisen under these Terms must provide written notice to the other party. The notice should detail:

• The nature of the Dispute;
• The desired outcome and
• The action required to settle the Dispute.

      10.3 Resolution:

Upon receipt of the notice (“Notice”), the parties (“Parties”) must:

• Within 30 days of the Notice, endeavor in good faith to resolve the Dispute promptly through negotiation or any other mutually agreed method;
• Share equally the fees and reasonable expenses of a mediator, including the cost of the venue, and comply with any amounts requested by the mediator as a pre-condition for the mediation;
• Each party must pay their own costs associated with the mediation.

      10.4 Confidentiality:

All communications and negotiations between the Parties arising from or in connection with this dispute resolution clause are confidential. To the extent possible, they must be treated as “without prejudice” for the purposes of applicable laws of evidence.

11. Venue and Jurisdiction

The Services provided by Solution 22 Aus are intended for residents of Victoria, Australia. In the event of any dispute arising out of or in connection with the Application, you agree that the exclusive venue for resolving the dispute shall be the courts of Victoria, Australia.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding, or claim arising out of or relating to these Terms shall be interpreted and enforced under the laws of Victoria, Australia, without reference to conflict of law principles. This governing law clause is valid and binding. The Terms shall benefit and bind the parties and their respective successors and assigns.

13. Independent Legal advice

Both parties acknowledge that the provisions of these Terms are fair and reasonable. Each party confirms they have had the opportunity to obtain independent legal advice and agree that the Terms are not contrary to public policy based on inequality of bargaining power or restraint of trade.

14. 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 remaining provisions shall continue in full force and effect.