July 5, 2020

Terms of Use

Last updated: June 4th, 2022

 

GhostTube Pty Ltd ACN 649 627 083 owns and operates websites and applications in the field of the paranormal including the below (together: Platforms):

In these Terms, ‘us‘, ‘we‘ and ‘our‘ means GhostTube Pty Ltd ACN 649 627 083.

By accessing or using any of the Platforms and related services or by maintaining an account with us, YOU AGREE TO ABIDE BY THESE TERMS OF USE. This includes the terms and conditions outlined in this document as well as our Privacy Policy – available at INSERT LINK (together Terms). You should review our privacy policy and these terms and conditions carefully and IMMEDIATELY CEASE USING OUR PLATFORMS, ACCESSING OUR SERVICES OR MAINTAINING YOUR ACCOUNT WITH US IF YOU DO NOT AGREE TO THE TERMS.

Use of our Platforms

We provide entertainment services, location-based services and social networking services on the Platforms (Services).

You do not need to maintain a subscription to use our Platforms and receive the Services. However, access to certain features and resources will only be available to users who pay for a subscription.

To access and use the Platforms you must be at least 13 years of age and, if under 18 years of age, have permission of your parent or guardian.

You agree to only use the Platforms for your personal use and not for any business or commercial purpose.

Responsible and Appropriate Use

You agree to use the Platforms responsibly and appropriately and shall not do anything unlawful on or in relation to the Platforms, including but not limited to:

  • any act that would constitute a breach of the legal rights of any person;
  • anything to defame or libel us, our employees or other individuals or posting or transmitting any material which is defamatory, discriminatory, threatening, harassing, intentionally misleading or invasive of another person’s privacy;
  • anything which infringes any intellectual property or proprietary right of any person;
  • uploading or transmitting to or through any Platform:
  • any files that contain viruses that may cause damage to our property or the property of other persons;
  • any software intended to damage or alter any system or data; or
  • unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages.

You agree that you will not:

  • access the Platforms to obtain information with the objective of building any similar or competitive product;
  • change, make derivative works of, disassemble, reverse compile or reverse engineer any part of any of the Platforms; or
  • copy, reproduce, distribute or republish any part of any of the Platforms; or
  • use any of the Platforms to harvest, collect, gather or assemble information or data regarding other users without their consent.
  • post any content or use our Platforms in a way that violates our Community Guidelines

We reserve the right to without notice take down, remove or delete any material or information you post or transmit to our Platforms.

Subscriptions & In-App Purchases

You may purchase a subscription to access additional features and resources on the Platforms.  There may also be also features and extra content available for purchase within a Platform (In-App Purchases).

Subscriptions can be purchased for a period of either one month or one year for the price displayed on the Platform at the time of purchase. Upon expiry of the relevant period the subscription automatically renews for the same period and for the currently displayed price (which may be more than your original subscription fee) unless the subscription is cancelled at least 24 hours before the end of the current period. Subscriptions can be managed and automatic renewal turned off from within your iTunes or Google Play Store account settings. If your subscription is cancelled you will continue to receive the benefits of a subscription until expiry of your subscription period.

When purchasing some In-App Purchases, you may be required to create a user name and password, or choose to link your purchase to an existing account. We encourage you to use a strong and unique password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. User names and passwords are not to be shared and you must not allow others to use them to log in to a Platform.

Payments

Payment for all subscription fees and In-App Purchases will be made through your iTunes or Google Play Store account.

In the event that any payment transaction is unsuccessful, rejected or dishonoured you will not be able to access the additional features, resources or extra content available to subscribers on the Platforms.

All prices stated on the Platforms are in Australian dollars and, unless otherwise stated, inclusive of GST.

Refunds

You may request a refund of any payment for subscription fees or In-App Purchases through your iTunes or Google Play Store account. Refunds will be payable in accordance with the terms and conditions governing the operation of these accounts.

If you made a payment through a Google Play Store account you can also request a refund by emailing us at support@ghosttube.com. It is within our discretion whether or not to provide a refund if you request one, unless we are required by law (including the Australian Consumer Law) to do so.

Continuity of Service

We shall use commercially reasonable endeavours to make sure the Platforms are available on-line 24 hours per day, seven days a week. However, we retain the right to take any of the Platforms off-line to perform planned and unplanned maintenance and shall take all reasonable steps to restore service as quickly as possible.

We do not warrant that your use of and access to the Platforms will be uninterrupted or error-free and we do not guarantee it will be safe and secure. You acknowledge that the Platforms will be unavailable from time to time because of the nature of the Internet or for planned and unplanned maintenance. You agree that we are not responsible for interruptions to service affecting your access to the Platforms caused by third parties.

You need to ensure that your IT network and systems comply with any requirements specified by us on the Platforms or otherwise and will be solely responsible for maintaining your network connections and telecommunication links.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Platforms. You must take your own precautions to ensure that whatever you select for your use from our Platforms is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We provide support services during normal business hours in South Australia for assistance with operation of the Platforms.  If you require support please email support@ghosttube.com.

Restriction of Access

We reserve the right to restrict, suspend or terminate without notice your access to any Platform or any feature of any Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Third Party Links and Advertising

The Platforms may contain links to websites operated by third parties (Third Party Links) or may display advertising for third parties (Third Party Ads).

Third Party Links are provided for convenience and may not remain current or be maintained.

Unless expressly stated otherwise, we do not endorse and are not responsible for the content appearing on the Third Party Links or Third Party Ads and have no control over or rights in the Third Party Links or Third Party Ads.

You use all Third Party Links & Third Party Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links or Third Party Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Privacy

We will handle all personal information (as defined in the Privacy Act 1988) we collect in accordance with our privacy policy (which can be found at the link above).

When you register and create an account, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current.

If you provide sensitive information (as defined in the Privacy Act 1988), such as your religious or philosophical beliefs, political views, criminal record, sexual preferences or health information, in the content you create or share on our Platforms then you consent to us collecting and holding this unsolicited sensitive information. You also acknowledge that our collection and holding of this information is reasonably necessary for one or more of the functions or activities of our business.

Intellectual Property

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platforms and in all material (including all text, graphics, logos, audio, video and software) (Content) made available on the Platforms. You agree not to attempt to copy, modify, duplicate, create derivative works from, republish or distribute all or any portion of our intellectual property contained or comprised in the Platforms.

We grant you a licence to access the Platforms and view the Content made available on the Platforms on the terms and conditions set out in this Agreement.

You are responsible for and bear all risk in relation to any Content that you upload, share or post to the Platforms. You must ensure that your use of any such Content does not infringe any other person’s intellectual property rights or violate the privacy of any person or breach any obligations of confidentiality and you represent that you own or have obtained all necessary rights to the Content you upload, share or post.

You grant us an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to reproduce, distribute, publicly display, host, create derivative works and otherwise use and exploit the Content you upload, share or post to the Platforms.

If you believe another user of a Platform has infringed any of your intellectual property rights you can notify us at support@ghosttube.com or report the content directly in the app.

If you provide us with any feedback or suggestions regarding the Platforms, you hereby assign to us all rights in such feedback and agree that we shall have the right to use and fully exploit such feedback and related information in any manner we believe appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

Australian Consumer Law

To the maximum extent permitted by law, including the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010), we expressly exclude all guarantees, warranties, conditions and representations, express or implied, relating to or arising out of our provision of the Platforms and the Services, including but not limited to warranties or representations that the Platforms and Services will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Platforms and Services will be secure. To the extent that any guarantees that cannot be excluded under the Australian Consumer Law apply to our Platforms or Services:

  • our liability will be limited to the supplying of the Platform or Services again or the payment of the cost of having the Platform or Services supplied again (at our election); and
  • we will not be liable for any damages or compensation for incidental, indirect or consequential losses, including lost profits, economic loss, business interruption or lost data, which may be suffered due to your use of the Platforms or Services and/or the information or Content contained on the Platforms or Services or your reliance on such Content.

Indemnity

You agree to indemnify and keep indemnified us, and our officers, employees and agents, against any claim or demand made by any third-party due to or arising out of

  • your use of the Platforms and Services;
  • your breach of the Terms or any applicable laws or regulations; or
  • your User Content.

Variation to Terms and Conditions

We may vary these Terms at any time by updating them on the Platforms and prominently posting a notice of the changes on our Platforms. If you have an account with us we will notify you of any changes to the Terms by sending an email to the latest email address you have provided us. If you continue to use the Platforms, you will be bound by the updated Terms.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of South Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.