1. Introduction
Welcome to GoCarnivore Pty Ltd ("GoCarnivore," "we," "us," or "our"). These Terms and Conditions of Use ("Terms") govern your access to and use of the GoCarnivore mobile application ("App") and any related services provided by GoCarnivore.
2. Definitions
3. Acceptance of Terms
By accessing or using the GoCarnivore App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App.
4. User Registration
In order to access certain features of the GoCarnivore App, you may be required to register for an account. By registering for an account, you represent and warrant that all information provided to us is accurate, current, and complete, and you agree to maintain and promptly update your information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
5. User Accounts and Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify GoCarnivore of any unauthorized use of your account or any other breach of security. GoCarnivore shall not be liable for any loss or damage arising from your failure to comply with this section.
6. Community Guidelines
You agree to abide by our Community Guidelines when using any interactive features of the GoCarnivore App. You acknowledge and agree that GoCarnivore may, in its sole discretion, remove or delete any content that violates these Community Guidelines or is otherwise objectionable.
7. User-Generated Content
You retain ownership of any content that you create or submit to the GoCarnivore App. By submitting content to the App, you grant GoCarnivore a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the operation of the App.
8. Intellectual Property Rights
All intellectual property rights in and to the GoCarnivore App and its contents are owned by or licensed to GoCarnivore. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the GoCarnivore App and its contents for your personal, non-commercial use only.
9. Third-Party Links and Services
The GoCarnivore App may contain links to third-party websites, services, or resources. GoCarnivore is not responsible or liable for the availability or accuracy of such third-party sites or resources, or for the content, products, or services available through them. You acknowledge and agree that GoCarnivore 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 the use of or reliance on any such content, goods, or services available on or through any such third-party sites or resources.
10. Payment Terms
Certain features of the GoCarnivore App may require payment of fees. By accessing or using these features, you agree to pay all applicable fees as described on the App. All fees are non-refundable except as expressly provided in these Terms.
11. Subscription Plans
We offer subscription plans with different durations and features. By subscribing to a plan, you agree to pay the applicable fees and abide by the terms of the subscription plan. You may cancel your subscription at any time, but no refunds will be provided for any unused portion of your subscription period. However, if you request a refund within 24 hours of upgrading, a full refund will be provided. For further inquiries or to request a refund, please refer to clause 18 - Contact Information.
12. Disclaimer of Warranties
THE GOCARNIVORE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOCARNIVORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability
IN NO EVENT SHALL GOCARNIVORE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GOCARNIVORE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF GOCARNIVORE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Indemnification
You agree to defend, indemnify, and hold harmless GoCarnivore and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the GoCarnivore App; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the GoCarnivore App.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sydney, New South Wales, Australia, before a single arbitrator. The arbitration shall be administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its Arbitration Rules and Procedures.
16. Modifications to Terms
GoCarnivore reserves the right to modify or revise these Terms at any time. Any changes will be effective immediately upon posting the revised version of these Terms on the App. Your continued use of the GoCarnivore App following the posting of changes constitutes your acceptance of such changes.
17. Termination
GoCarnivore reserves the right, in its sole discretion, to terminate or suspend your access to the GoCarnivore App
18. Contact Information
For questions or concerns regarding these Terms, please contact our support team at support@GoCarnivore.com.
