Terms...

These Terms of Service (TOS) govern your use of the Services (described below) that we offer and you access through our site (threeple.com). These TOS define the engagement between us and you. They apply whether you are an individual user and/or a business customer. They apply regardless of whether you access the platform on a paid or free plan and regardless of the type of account you have.

When the terms “Company”, “we”, “our” or us” are used in this TOS, they are referring to Threeple Pty Ltd (ABN 74 636 450 756).

When the term “Services” is used, it means any product you have access to that is created and maintained by Threeple Pty Ltd and accessed by you on all or any platforms on which the Services are delivered, whether in a web browser, desktop application, mobile application or other format.

If you breach this TOS we may terminate your account. We take this responsibility seriously and if this action is taken we will always act with transparency, fairness and in the best interests of our users and Company.

If at any time you have questions about this TOS please get in touch with us directly at hello@threeple.com

Your account

You must not during the registration process, nor at any other time in the course of your use of the Services, provide any information that is false or misleading.

You are responsible for taking all reasonable measures to keep your account and password secure. The Company is not liable for any loss or damage arising from your failure to maintain the security and secrecy of your account and password.

Our Intellectual Property

You acknowledge that using the Services does not give you or any other person any interest in any intellectual property rights in the Services other than content that you post that you have intellectual property rights over.

You must not duplicate, copy, sell, or resell any part of the Services, use of the Services or access to the Services without the Company’s prior written approval.

You may not copy, duplicate, publish, reuse any elements of the Services brand, look and feel and name without the Company’s prior written approval, including in a manner that falsely implies that another website is associated with the Services or the Company. The look and feel, brand and brand names of the Service are copyright to the Company, all rights reserved.

You must not duplicate, copy, reuse, modify or alter any portion of the Services source code, design, or visual design elements without the Company’s prior written approval.

The use of spiders, crawlers, data mining, bots, screen scraping, or similar automated data gathering, extraction or publication tools to access, collect or reproduce content from the Services is not permitted.

You grant to us a non-exclusive, royalty-free, world-wide, perpetual, irrevocable license to use any content you post using the Services for purposes of delivering the Service.

The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use the Services as provided by the Company, and in accordance with these Terms of Service.

Acceptable use

You are responsible for all content posted and activity that occurs under your account, including the content and activity of others who have access to your login credentials.

You may only use the Service for legal, authorised and acceptable purposes. You may not use the Services in a way that infringes on the rights or privacy of the Company, our users or another person. You must not post any content on the Services that infringe or are likely to violate the rights of others, including through infringing the intellectual property rights of any other person, copyright infringement, misappropriation, impersonation, illegal conduct or harassment and abusive behaviour. You may not use the service in ways that are inappropriate, including but not limited to usage that is abusive, illegal, threatening or intimidating, racist or promotes violence or illegal activity.

The core purpose of the service is to share content with others and you should only post content that you are comfortable sharing with others. We do not claim intellectual property rights over any content posted by you to the Services. Any rights you have to content remain in place, unfettered by the act of posting to the Service.

If your use of the Services impairs performance or reduces the overall functionality of the Services we reserve the right to temporarily suspend your account. We will seek to contact the account owner prior to doing so, unless the level of usage is negatively impacting the performance and availability of the Service for others.

You must be a person. Use of bots to register accounts is not permitted.

Using the Services

The Service is designed to allow users to swap recommendations with family, friends, colleagues and connections. This could include for example recommendations in relation to businesses, services, content and products. In using the Service you agree that under no circumstances will Threeple Pty Ltd be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Threeple Pty Ltd does not pre-screen content and that you agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

The Services are offered on certain devices and you consent to downloading the Services. The Services offered may change from time to time and you consent to installing updates to the service, including updates that may install automatically.

The Service includes services that are available on mobile devices. To the extent that you access the services from a mobile device you agree that you are entirely responsible for all carrier data plan and fees, charges and taxes associated with your use of the services.

You acknowledge that these privacy provision and our terms of service are between us only and do not extend to the relationships with 3rd parties. The Service may offer integrations with 3rd Party Services, for example for signing up using social media accounts or gmail or for sharing into other applications. Should you choose to use a 3rd party application as part of the Service, you acknowledge and agree that 3rd party services may access your data and that upon the 3rd party accessing your data, we are no longer responsible for the management, use or protection of that data so long as it is stored outside of our control. To the extent that you utilise such services, you are responsible for ensuring you understand their terms and privacy provisions. These provision include your relationship with 3rd Party Distribution channels such as the Apple App Store and Google Play Store via which the Services can be downloaded.

Fee and Cancellations

In future, we may choose to charge for access to the Service or certain features within it. Any fees charged to access the Services are required to be paid upfront.

We reserve the right to suspend, cancel or delete your account (including content posted to that account) at any time and at our sole discretion for any reason. We also reserve the right to refuse your future use of our Services. We hope to never have to exercise this right, but it exists to ensure the fit and proper use of the Services and that our well meaning users are protected against misuse. There is always a small chance that a user will do the wrong thing, and this right allows those situations to be resolved swiftly.

How you treat our team is also important. Should an account holder abuse or threaten an employee of the Company, (verbally, written or physically), their account will be deleted immediately.

Disclaimer, Limitation of Liability and Indemnities

You expressly understand and agree that:

The Services are provided "as is" and “as available” and you agree that you have relied on your own skill and judgement in deciding to use the Services and have done so at your own risk.

We can not and will not guarantee that the Services are free from errors or bugs. If errors or bugs are identified we will assess them and prioritise them according to the impact they have firstly on security and privacy, then on delivery of Services and finally on user experience. It means we’ll always take care of the most important stuff, but can’t always get to lower priority issues and bugs.

To the maximum extent permitted by applicable law the Company disclaims any representation or warranty that the use of the Services will not infringe any third party rights; the use of the Services will be uninterrupted or error-free and that any service will continue to be made available or that defects in the Services will be corrected; the Services will be free of hackers, other unauthorised access, denial of service attacks, viruses or other malicious or technologically harmful material or code; or the Services will be compatible or work with any third party software or services.

The Company is not responsible for any failures or interruptions in the provision or operation of communications networks or Internet used to access or use the Services; failures or interruptions in the provision or operation of the Services including any failures caused by the Company’s service providers including those resulting in any loss or damage to any data.

The Company will not be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to any use of, or inability to use, the Services or any third party software in conjunction with use of the Services or otherwise, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the Company has been advised of the possibility of such damages.

General

When you use our Services, now or in the future, you are agreeing to the latest TOS. These TOS may be updated in the future. Whenever a significant change is made we will inform you in writing of that change using the email we have recorded against your account.

We may from time to time, modify, enhance or update the Service or the Platform, without notice to you.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

If we chose not to exercise or enforce any right or provision of this TOS, it does not mean we have waived that right or provision. Also, if any provision is deemed unenforceable or partly unenforceable in any jurisdiction, it does not affect the enforceability of any other provision of this TOS.

This Agreement is governed by the law in force in Victoria, Australia from time to time and the parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.