Date of last revision: May 20, 2019.
- 1.1 Dopel Pty Ltd ACN 160 666 437 (‘Dopel’, ‘we’, ‘us’, or ‘our’) operates and maintains a social media platform made up of a website and mobile app (‘Platform’), and provides the service described in clause 2 (‘the Service’).
- 1.2 These terms and conditions (‘Terms’) apply to your access and use of the Platform and the Service. By accessing and using the Platform or the Service, you agree to these Terms.
- 1.3 We may change these Terms at any time by publishing the changed Terms on our Platform. Changes will not operate retrospectively.
- 1.4 The law of Australia governs these Terms. We do not warrant that this website or its content complies with the laws of any country other than Australia. If you access the Platform from outside Australia, you do so at your own risk and in accordance with Australian laws.
Description of Service
- 2.1 The Service is delivered through the Platform and enables:
- interaction between users;
- users to upload content;
- review and rate content;
- users to purchase goods and services online through third party vendors;
- 2.2 We do not verify the identity of or otherwise recommend, approve or endorse users of the Platform or the Service. We do not verify, recommend, approve or endorse the advertisements displayed on our Platform.
Accounts, usernames and passwords
- 3.1 You must register an account to use the Service. You must not register more than one account. You must be at least 18 years old to register an account.
- 3.2 You must register using your own name. You must not impersonate or register on behalf of another person. You otherwise warrant that the information you provide when you register is correct and not misleading in any way. You promise to keep your information up to date.
- 3.3 You must keep your password secure at all times. You are solely responsible for all activity undertaken using your username and password.
- 4.1 Subject to compliance with these Terms and our AUP you may post content on our Platform.
- 4.2 You retain the copyright in any content you post, but you give us a royalty free, perpetual licence to use it and accept that we will allow users to download it for their personal use with our watermark.
- 4.3 Subject to clause 5.2, you may:
- share any posts, articles or other content published on our Platform or other websites or via social media websites or social media services; and
- share any other content on our Platform via social media if we provide you with the means for doing so, e.g. if we provide a hyperlink, button or other means of sharing it via social media.
- 4.4 You may only share content from the Platform if you:
- include a hyperlink to the original content on Platform;
- do not claim, suggest or infer that the content belongs to anyone other than the copyright owner; and
- do not commercialise it, e.g. by charging people to access it or including it in a paid publication.
- 5.1 By using the Service and our Platform you acknowledge and agree that:
- we may profile users;
- we may match or promote content (including advertisements) to users based on their previous behavior;
- we may store data in a relational database to enable us to do any of the things in this clause 6;
- 6.1 Users may use the Service to post reviews about content on the Platform or goods and services on the Platform. All registered users can view reviews left by other users. We are not responsible for and do not approve or endorse the content of any reviews.
- 6.2 If you post a review, you promise us that your review is fair, reasonable, bona fide and does not break any laws or infringe the legal rights of any person.
- 6.3 We reserve the right to delete, amend, reformat or delay publication of reviews at our absolute discretion for any reason whatsoever, including to ensure compliance with these Terms.
- 6.4 You indemnify us against any harm, loss, cost or expense we suffer arising from reviews you post.
- 8.1 Unless otherwise indicated, copyright in the Platform and its contents belongs to us.
- 8.2 You may:
- publish a link to this website;
- make a temporary copy of part or all of our website on your computer for the sole purpose of viewing it; and
- print a hardcopy of a whole page of our website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.
- 8.3 Unless permitted by law, you must not, without our prior written consent:
- otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or
- cause any part of our website or its contents to be framed or included in another website.
- 9.1 Dopel and the Dopel logo are trademarks of ours. Other trade marks on this website are the property of our respective licensors.
- 9.2 You must not use any trade mark on our Platform without the prior written consent of the relevant owner.
- The Platform may link to websites at other addresses. Unless stated otherwise:
- we do not control, approve, endorse or sponsor any such websites or their content; and
- we do not provide any warranty or take any responsibility for any aspect of those websites or their content.
- 11.1 Your access and use of our Platform and the Service is at your own risk. While payments are processed securely, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.
- 11.2 We do not promise that the Platform or the Service:
You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.
- is free from errors;
- will operate without interruption; or
- is free from anything which may damage your computer or data.
- 11.3 We do not promise that the contents of this website are complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to the Platform or its contents at any time.
- 11.4 We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of the Platform or the Service.
Limitation of liability
- 12.1 The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do exclude, restrict or modify them where it would be unlawful to do so.
- 12.2 Subject to clause 13.1 and to the fullest extent permitted by law:
- the Service (including the Platform) is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
- where any law implies a condition, warranty or guarantee into these Terms which cannot be excluded, our liability for breach of such a condition, warranty or guarantee will be limited to:
- the resupply of the Service; or
- the payment of the cost of resupply of the Service; and
- we exclude and you release us from all liability to you for loss or damage (including for secondary and consequential loss, which includes loss of profit, loss of bargain, loss of goodwill, loss of custom, loss of turnover, and loss of opportunity) of any kind (however caused or arising, including by negligence) arising from or in any way connected with this website, its contents, the Service or your use of them.
Account cancellation, breach and indemnity
- 13.1 Because of the nature of the Service, we must reserve the right to decide who may use it.
- 13.2 We may cancel your account at any time at our absolute discretion, without giving reasons. We may also cancel your account if you:
- breach these Terms; or
- are the subject of a complaint that we deem serious;
- 13.3 If we cancel your account, you may not use the Service again, whether by creating a new account or using an alternative account.
- 13.4 You must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these Terms or unlawful or negligent act or omission.
- 14.2 In addition, we may do the things detailed in clause 6, we may log details about any computer used to access this website, including IP address, host, location, browser type, the date and time of access and details of webpages accessed and information downloaded. This information is used for our own statistical purposes and to improve this website.
- 15.1 Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between any of the parties.
- 16.1 Publication of email addresses on the Platform must not be taken as consent to receive commercial electronic messages.
- 16.2 If you have any questions about these Terms, please email email@example.com
- 1. Information on how to enter, the prize details and the prize selection procedure forms part of these Terms and Conditions. Entry into the competition is deemed acceptance of these Terms and Conditions.
- 2. The promoter is Dopel Pty Ltd (ABN 69 160 666 437) of 8 Pine Hill Avenue, Double Bay NSW 2028, Australia. (“Promoter”).
- 3. Entry is only open to persons who are 18 years and over.
- 4. Employees, directors and management (and their immediate families) of the Promoter and agencies associated with this competition are ineligible to enter.
- 5. The competition commences at 12:01am (AEST) 20 May 2019 and will run indefinitely until a change is made to these terms (“Competition Period”). It involves US $1,000 monthly prizes to be awarded during the Competition Period with each monthly prize to be judged on the first working day of the month at 10:00AM (AEST) of each month (“Monthly Prize Date”).
- 6. To enter, entrants must, during the Competition Period:
- a. be a licensed user of the Dopel mobile application (“Dopel”) with a membership account linked to their email address;
- b. create a video of no more than 30 seconds in length about anything the individual wishes (“Video”); and
- c. post the Video on Dopel with the hashtag #dopeldrop as part of the caption to the Video.
- 7. Videos posted after the Competition Period or which exceed 30 seconds in length will not be considered for the competition.
- 8. The time of entry will be the time at which the Video is posted to Dopel. You may enter as many times as you like but only one prize will be awarded each month for the duration of the Competition Period.
- 9. Entrants must not include content in the Video which is, or is in the opinion of the Promoter, offensive, derogatory, discriminatory, sexual, violent, threatening or defamatory or in any way brings, or may bring, the Promoter's name into disrepute. Any Video’s breaching this condition will automatically be invalid.
- 10. To protect the integrity of the competition, the Promoter reserves the right to verify the validity of Videos and to disqualify any entrant whom the Promoter believes does not satisfy the entry requirements or has, or may have, tampered with the entry process or submitted a Video otherwise in accordance with these terms and conditions.
JUDGING AND WINNERS
- 11. This is a game of skill and chance plays no part in determining the winners.
- 12. There will be one (1) prize winner per month for the duration of the Competition Period. Each monthly prize winner will be the Video submitted that month with the most Dopel “REACTS” at the time of the Monthly Prize Date.
- 13. In the event of a tie for any monthly prize, the Promoter will consider the tied entrants' Videos and select a winner based on the most original and creative Video as decided by a panel of judges from the Promoter.
- 14. Prize winners will be notified by the email address linked to their Dopel membership account within  days from the Monthly Prize Date and have their Video featured on Dopel’s search page for the duration of the following month.
- 15. Each monthly is an amount US$1,000 which will be transferred to the monthly prize winner via PayPal only.
- 16. If a winner cannot be reached by [5.00 pm] on the date that is  days after the Monthly Prize Date at the email address provided, the Promoter shall disqualify that winner and no prize will be awarded. The Promoter may select as a replacement winner the entrant with the next highest number of REACTS.
- 17. No ancillary costs associated with redeeming the prize are included. Neither the Promoter (nor any of its respective officers, employees, agents or contractors) shall be obliged to confirm the Paypal details provided by the prize winner.
- 18. In submitting Videos, entrants must comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
- 19. By entering this competition, entrants grant the Promoter and its licensees and assignees a non-exclusive licence to exercise all rights in perpetuity throughout the world in any and all materials submitted to the Promoter by the entrant (“Materials”). This includes, but is not limited to, publishing the Materials in all media and formats whether now known or hereafter invented throughout the world in perpetuity, including but not limited to the right to display the Materials or any part of the Materials in whole or in part in any media, including but not limited to Dopel.
- 21. These Terms & Conditions are governed by and are to be construed in accordance with the laws applicable in New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and their courts of appeal and waive any rights to object to such courts assuming jurisdiction or to claim that jurisdiction is an inconvenient forum.