Terms & Conditions

Terms of Use

uKick (“uKick” “we”, or “us”) operates the uKick mobile app and related website (ukick.com.au). By using uKick in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use ukick.com.au

License to Use uKick

uKick grants you a limited, non-exclusive license to access and use uKick for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by uKick in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble uKick. Nor will you take any measures to interfere with or damage uKick. All rights not expressly granted by uKick are reserved.

Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

What information we may collect about you

What we use that information for

What third-party information, if any, you are agreeing to share by using uKick; and

With whom we share that information

Registration

To use uKick you must register an account via your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, such as your name, email address and date of birth OR you are able to register by providing us with a valid email address. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share this basic information. Please take precautions to protect your password and contact us at info@ukick.com.au if you believe an unauthorized person has accessed your account.

Term and Termination; Account Deletion

This Agreement begins on the date you first use uKick and continues until terminated in accordance with the provisions hereof.

uKick may suspend, disable, or delete your account (or any part thereof) if uKick determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage uKick reputation or goodwill. If uKick deletes your account for the foregoing reasons, you may not re-register under a different name.

Upon termination, all licenses granted by uKick will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. uKick shall not be responsible for the loss of such content.

Disclaimers; Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER uKick USERS. YOU UNDERSTAND THAT uKick CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. uKick ALSO DOES NOT INQUIRE INTO ALL OF THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS.

uKick MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. uKick RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

IN NO EVENT SHALL uKick BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUTLIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE uKick SERVICE OR PERSONS YOU MEET THROUGH uKick.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. WE ALSO ARE NOT RESPONSIBLE

uKick reserves the right to modify uKick. You are responsible for providing your own access to uKick. uKick has no obligation to screen or monitor any content and does not guarantee that any content available on uKick complies with this Agreement or is suitable for all users.

uKick provides uKick on an “as is” and “as available” basis. You therefore use uKick at your own risk. uKick expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, uKick makes no representations or warranties:

  • That uKick will be permitted in your jurisdiction
  • That uKick will be uninterrupted or error-free
  • Concerning any content submitted by any user
  • Concerning any third party’s use of content that you submit
  • That any content you submit will be made available on uKick or will be stored by uKick
  • That uKick will continue to support any particular feature of uKick
  • Concerning sites and resources outside of uKick even if linked to from uKick.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used uKick and no warranties shall apply after such period.

Code of Conduct; Prohibited Activities

In using uKick you must behave in a civil and respectful manner at all times. Further, you will not:

  • Harass or stalk any other person
  • Harm or exploit minors
  • Act in a deceptive manner by, among other things, impersonating any person
  • Collect information about others
  • You will not express or imply that any statements you make are endorsed Hit With Me, without our specific prior written consent.

You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.

You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

uKick has the right, but not the obligation, to monitor all conduct on and content submitted to uKick.

Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or il material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to uKick or to any other user. If information provided to uKick or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • Harasses or advocates harassment of another person
  • Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18
  • Contains sexually explicit content
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
  • Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”
  • Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users
  • Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.)
  • Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

Licenses Granted by You

You grant uKick and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of uKick permission to view your content for their personal, non-commercial purposes. If you make suggestions to uKick on improving or adding new features to uKick uKick shall have the right to use your suggestions without any compensation to you.

Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that:

  1. You have the right to submit the content to uKick and grant the licenses set forth above;
  2. uKick will not need to obtain licenses from any third party or pay royalties to any third party;
  3. The content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

If you decide the Application isn’t suited to you, to cease your account and us supervising your uKick account, simply log out of the Application and delete the App. You can also request to opt-out via email by contacting
info@ukick.com.au

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will keep Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at info@ukick.com.au and we will respond as soon as possible to assist with your concern.

Children/Underage User Policy

Although uKick is a general audience service, we do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with their information, or false information, without their consent, he or she should contact us at info@ukick.com.au

If such a case arises and we are contacted: we will delete such information from our files as soon as possible and endeavour to assist you in any way we can.

In order to protect the privacy of underage users using uKick users under the age of 18 will be unable to interact with any users that are over the age 18, however care should be taken when interacting with users unknown to them. Underage users using the service should refer to uKick terms of service and safety tips in order to ensure that they are safe while using the service or meeting with other users.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. We also will encrypt any credit card details that are entered into our Application to protect our users against fraud.

Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in Australia. If you reside outside of Australia your information will be transferred, processed and stored there under our privacy standards.

Contact Us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at info@ukick.com.au

Indemnification

You will indemnify, defend, and hold harmless uKick and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Hit With Me; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to uKick violates any law or infringes any third party right, including any intellectual property or privacy right.

Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable uKick to find the alleged infringing material, such as a url);
    • Your address, telephone number and email address;
    • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

uKick will terminate the accounts of repeat infringers. You may submit enquiries about any of this information via info@ukick.com.au

In summary – uKick respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to uKick do not infringe any third party copyright.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by uKick in exercising any right hereunder will waive any further exercise of that right. uKick rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without uKick prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from uKick electronically. uKick may provide all such communications by email or by posting them on uKick. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at the following address: info@ukick.com.au

This Agreement may not be modified except by a revised Terms of Service posted by uKick on ukick.com.au or a written amendment signed by an authorized representative of uKick.

A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between uKick and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

Arbitration and Governing Law

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the Australian Institute for Commercial Arbitration. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against uKick in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against uKick any class action, class arbitration, or other representative action or proceeding.
  2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and uKick (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
  3. This Agreement, and any dispute between you and uKick shall be governed by the laws of the state of Victoria without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the International Arbitration Act.

Indemnity by You

You agree to indemnify and hold uKick its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. uKick reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with uKick in connection therewith.

Notice

uKick may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

Entire Agreement; Other

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and uKick regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of uKick to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind uKick in any manner.

Amendment

This Agreement is subject to changes made by uKick at any time.

Safety Tips:

The safety of App users is important to uKick. Please take a few minutes to read the following safety tips. Users under the age of 18 are encouraged to have the consent from a parent or guardian before signing up.

These are the steps that everyone can follow to increase their safety while usingour App:

  1. Keep your financial information private
    2. Be mindful of what private information you share
  • uKick users are given the freedom to decide what information is shared on their profile, if a user is under 18 they should take caution with every stranger
  • 3. Spam/Scammers. Be aware of anyone who:
  • Sends messages containing links to external websites
  • Quickly asks to talk or chat outside of uKick built in chat
  • Asks you for money
  • Vanishes from the App then reappears under a different name
  • Asks for your address

The Australian Competition and Consumer Commission’s advice to avoid online scams is available by following this link: http://www.scamwatch.gov.au/content/index.phtml/itemId/934541

  1. Report suspicious activity and App users:

Please report anyone who violates our terms of use such as:

  • Asking you for money or donations
  • Anyone that looks like they could be under the age of 13
  • Anyone who is harassing users under the age of 18
  • Users sending harassing or offensive messages
  • Users behaving inappropriately after meeting in person
  • Fraudulent profiles
  • Spam or solicitation, such as attempts to sell products or services