Terms & Condition

  1. About the Application

    1. Welcome to Emoodi (the ‘Application’).
    2. The Application is operated by Emoodi Pty Ltd. Access to and use of the Application, or any of its associated products or services (the ‘Services’), is provided by Emoodi. Please read these Terms and Conditions (the ‘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 any of its products or Services immediately.
    3. Emoodi reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Emoodi updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms for your records.
  2. 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 Emoodi in the user interface.

  3. The Services

    1. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
      1. an email address
      2. a telephone number
      3. a password
    2. You warrant that any information you give to Emoodi in the course of completing the registration process will always be accurate, correct and up to date.
    3. Once you have completed the registration/sign up process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms.
    4. You may not use the Services and may not accept the Terms if:
      1. you are not of legal age to form a binding contract with Emoodi; or
      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country which you are a resident or from which you use the Services.
  4. Your obligations as a Member

    1. As a Member, you agree to comply with the following:
      1. you will not share your profile with any other person;
      2. you will use the Services only for the purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      3. you have 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 Services;
      4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Emoodi of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      5. you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
      6. any content that you broadcast, publish, upload, transmit, post or distribute on the Application (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
      7. you agree not to harass, impersonate, stalk, threaten, abuse, intimidate another member of the Application (where interaction with other Members is made available to you);
      8. 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 providing the Services;
      9. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Emoodi;
      10. you will not use the 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;
      11. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Emoodi for any illegal or unauthorised use of the Application; and
      12. you acknowledge and agree that any automated use of the Application or its Services is prohibited.
  5. Payment

    1. By Emoodi offering the Services to you, you agree that:
      1. you will purchase the Application via the App Store or Google Play Store
  6. Refund Policy

    1. Emoodi does not hold any liability to the user/purchaser and will not refund them any payment made in use of the Services.
  7. Copyright and Intellectual Property

    1. The Application, the Services and all of the related products of Emoodi 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 Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Emoodi or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licenced by Emoodi, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      1. use the Application pursuant to the Terms;
      2. copy and store the Application and the material contained in the Application in your device’s cache memory; and
      3. print pages from the Application for your own personal and non-commercial use.
      4. Emoodi does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Emoodi.
    3. retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process). to you.
    4. You may not, without the prior written permission of Emoodi 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 anyway the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available to re-use or are in the public domain.
    5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant Emoodi a non-exclusive, transferable perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
  8. Privacy

    Emoodi takes your privacy seriously and any information provided through you use of the Application and/or Services are subject to Emoodi’s Privacy Policy, which is available on the Application.

  9. General Disclaimer

    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or liability under them) which by law may not be limited or excluded.
    2. 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 the Terms are excluded; and
      2. Emoodi will not be liable 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 Service or these Terms (including as a result of not being able to use the Service or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Emoodi make any express or implied representation or warranty about the Service or any products or Services (including the products or Services of Emoodi) 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:
      1. 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:
      2. the accuracy, suitability or currency of any information on the Application, the services, or any of its Services related products (including third party material and advertisements on the Application):
      3. costs incurred as a result of you using the Application, the Services or any of the products of Emoodi; and
      4. the Services or operation in respect to links which are provided for your convenience.
    4. You acknowledge that Emoodi Application and the Services are only intended to facilitate the interactions between the Receiver and Provider and does not offer any services other than the Services and Emoodi holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other members).
  10. 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 Emoodi. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Emoodi 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.

  11. Limitation of Liability

    1. Emoodi’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    2. You expressly understand and agree that Emoodi, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequence 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.
    3. You acknowledge and agree that Emoodi holds no liability for any direct, indirect, incidental, special consequence or exemplary damages which may be incurred by you as a result of providing Your Content to the Application.
  12. Termination of Contract

    1. Emoodi 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. Emoodi is required to do so by law;
      3. Emoodi is transitioning to no longer providing the Services to Members in the country in which you are a resident or from which you use this service; or
      4. the provision of the Services to you by Emoodi is, in the opinion of Emoodi, no longer commercially viable.
    2. Subject to local applicable laws, Emoodi reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Emoodi’s name or reputation or violates the rights of those of another party.
    3. When the terms come to an end, all of the legal rights, obligations and liabilities that you and Emoodi 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.
  13. Indemnity

    1. You agree to indemnify Emoodi, 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 Your Content:
      2. any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
      3. any breach of the terms.
  14. Links to other Web Sites

    1. The Application and Services may contain links to third-party websites or services that are not owned by Emoodi. Emoodi has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web site or services. Emoodi does not warrant the offerings of any of these entities/individuals or their websites.
    2. You acknowledge and agree that Emoodi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party website or service
    3. You are strongly advised to read the Terms and Conditions and Privacy Policies of any third-party websites or services that you visit.
  15. Communication

    By creating an account/profile on the Application you agree to subscribe to newsletters, marketing or promotional materials and other information Emoodi may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

  16. Governing Law

    The Terms are governed by the laws of South Australia, 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 South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of the governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  17. Independent Legal Advice

    Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  18. 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.