Joiner’s Terms of Use – Updated on 26/2/2024
Joiner is only for users over 16. You confirm that You are 16 years or older.
Introduction
Welcome to Joiner! We want to make sure you understand our rules. By using our Services you agree to follow the T&Cs below. If you do not accept these T&Cs, you should not use our Services. These rules are legally binding so please read them carefully.
Our website and the Joiner App are owned and operated by Joiner Tech Pty Ltd (ACN 672 981 127) (Joiner Tech).
Interpretation and Definitions
When we capitalise words, it’s because they have specific meanings explained in the definitions below.
Definitions
‘Account’ means Your Joiner account, which is made via a Social Login (Gmail, AppleID, or Facebook);
‘Application’ or ‘App’ means Joiner, the App provided by Joiner Tech;
‘App Store’ means the digital distribution service operated and developed by Apple Inc.; (Apple App Store) and/or Google Inc. (Google Play Store) where You downloaded Joiner;
‘Affiliate’ means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority;
‘Device’ means any electronic device that can access the Service such as a computer, a mobile phone, or a digital tablet;
‘Guest’ means a user’s invitee on Joiner; an individual or groups of individuals using the App who are invited to attend a home at the invitation of a Host;
‘Home’ means dwelling, property, apartment, house, sharehouse, leasehold, freehold, etc;
‘Listing’ means the display of a Home on the Service by a Host as an “open home” for guests to join and attend;
‘Host’ means the individual or group using Joiner to invite others to join their activities at their Home;
‘Joiner’ means the Joiner App, proprietary of Joiner Tech;
‘JoinerID’ means a unique identification created by a User for their Account, utilising a combination of letters and numbers, for the purpose of identifying, searching, and adding other users;
‘Organisation’ means a body corporate or “company” as defined under the Australian Corporations Act (Cth) 2001, an incorporated association under the Associations Incorporation Act 1985, or any other business, agency, body, or group;
‘Personal Information’ means any information or sensitive data that may expose or identify the location of a user and may include:
an address;
a phone number;
a date of birth;
an email address;
a bank account details
Medicare details; and/or
Social security number;
‘Property’ means fixtures and chattel of the Home, where a user may Host or attend an event in connection with Joiner;
Service refers to the functions and features of Joiner and Joiner Tech products, including Our Website and the Joiner App;
Social Login is the method that facilitates users to create and use an account on Joiner via third-party applications and platforms, namely Google Account, Facebook (Meta Platforms Inc.) and Apple Inc.
‘Terms of Use’ and/ or ‘T&C’ means the terms that form the entire agreement between You and Joiner Tech regarding the use of the Joiner App;
‘Third-party Social Media Service’ means any services or content (including data, information, products or services) provided by a third party that may be displayed, included, or made available by Our Service;
‘You’ means the individual, organisation or company accessing or using the Joiner App, or the company, or other legal entity on behalf of which such individual is accessing or using the App, as applicable;
‘User’ means individuals who have accepted these T&Cs and have a Joiner Account;
‘Display name’ means a name created by a User for their Account, utilising a combination of letters, numbers and symbols, for the purpose of User identification and recognition with other Users and a User’s app-based contacts;
‘Vibe’ means vibe tags Hosts select to communicate with Guests or invited Guests the theme or activity they are or will be hosting at their home;
‘We’ (or ‘the Company”, “Us” or “Our”) refers to Joiner Tech;
‘Website’ means the official website of Joiner, being joiner-app.com.
Construction
The headings used herein are for convenience only and are not supposed to define, limit or construe the content of any provision of these T&Cs. These definitions remain the same, whether the words are singular or plural.
Acknowledgment
We want you to understand this agreement.
These are the T&Cs that govern the use of Joiner and the agreement that operates between You and Joiner Tech. These T&Cs set out the rights and obligations of all Users regarding the use of Our Services.
Your access to and use of the App is conditioned on Your acceptance of and compliance with these T&Cs. These T&Cs apply to all visitors, users, and others who access or use the App.
By accessing or using Joiner, You agree to be bound by these T&Cs. If You disagree with any part of the T&C’s You must not access Our Services and You should not check or click on, or otherwise agree to, these T&Cs, and You should leave this page and not access or use Our Services,
Privacy Policy
Please also refer to Our Privacy Policy.
By accepting these T&Cs You also agree with our Privacy Policy. Our Privacy Policy explains how We handle Your Personal Information and Sensitive Data when You use Our Service, and it outlines Your privacy rights and legal protections. Please take a moment to carefully read Our Privacy Policy, which is accessible via the App and Our Website[hyperlink in blue]), before using Joiner.
Account
Your safety is important to Us! The following rules help keep You and other users safe while using Joiner.
To participate in or receive Our Services, You need to create an account with Us, using a Social Login. Your Account is for Your individual, personal use only, and You may not authorize others to use Your Account for any purpose.
In creating Your Account You agree that You:
will provide the same name that You use in everyday life;
will provide accurate information about Yourself;
will create only one Account (Your own) and use it for personal purposes;
will contact Our customer service department immediately of any breach of security or unauthorised use of Your Account [Report link];
will keep Your Account information current, complete, and accurate;
will use Joiner in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
understand that the information and text that make up Your Display Name and JoinerID are public to any User with a Joiner Account.
are responsible for maintaining the confidentiality of and restricting access to, Your Account and password; and
accept sole responsibility for all activities that occur under Your Account.
In creating Your Account You agree that You will not:
share Your password, give access to Your Joiner Account to others, or transfer Your Account to anyone else (without Our permission);
use and/or not include any Personal Information to create your Display Name and/or Your Joiner ID, for example, Your home address or phone number;
impersonate another person, user, organisation or otherwise misrepresent Your identity via an Account;
create or name an Account, Display name or JoinerID that may mislead or deceive other users as to Your identity;
provide or permit access or use of the Services, or your Account, by any minors;
When You create an Account, You agree that You:
have never been convicted of a major indictable offence;
are not required to register as a sex offender with any government entity or agency;
will not contribute to activity or speech that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or otherwise harmful in connection with Your Account or use of Joiner;
will not use any robot, spider, scraper, or other automated measures to:
access or use the Services; and
will not circumvent any technical measures we use to provide the Services; and
cause harm to us or our affiliated entities.
You agree that Joiner is excluded from any liability in situations arising from You Sharing Your Personal Information. You agree that we shall have no liability for any losses, damages, liabilities, or expenses you may incur due to any unauthorised use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorised use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS.
Use of Services; Assumption of Risk
We want Joiner to be used as We intended – for safe fun!
You agree that:
You will treat all users with respect;
You will use Vibe tags to accurately reflect the ordinary meaning of the words;
it is your responsibility to take all reasonable and necessary precautions when inviting users to Your home, attending users’ Homes, and interacting with individuals You meet or come into contact with in connection with the App;
You will not use or access Joiner in any way that is prohibited by law; and
You will not participate in an activity that is prohibited by law whilst using Joiner;
You understand that by accessing or using Our Services:
We have no control over the activities that will take place at Users’ Homes or how Vibe tags will be used. For example, we do not know what users will communicate through their use of Vibe tags, beyond their intended ordinary and legal meaning; and
We take no responsibility for the creation of alternative definitions or implied meanings for Vibe tags; and
We take no responsibility if users share, whether by screenshot or other means, the information featured on a home listing with other persons, nor the outcomes of sharing such information; and
We do not sanction or encourage any use of Joiner that is prohibited by law;
YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE APP, including but not limited to personal interactions with others or Third Parties arising from the use of Our Services. This risk of loss and risk of personal harm includes loss or harm to Property; and
We take no responsibility if users share, whether, by screenshot or other means, the information featured on a home listing with other persons, whether persons are users of the App or non-users, nor the outcomes of sharing such information.
Member Interactions and Disputes
We want Joiner to be a friendly platform.
You agree that You are personally accountable for Your interactions with other Joiner users. Please use caution, common sense, and safety when using our Services to interact with other users. We further reserve the right, but have no obligation, to conduct any criminal, or other background checks using publicly available records, and to review complaints about You by other users at any time, to confirm Your compliance with these T&Cs. To help support our community, we encourage You to report[website report] conduct that You believe violates Your rights, laws or Our terms and policies.
You also understand and agree that:
we have no obligation to screen users;
we make no representations or warranties as to the conduct of users or their compatibility with any current or future users;
we reserve the right but have no obligation, to monitor disputes between You and other users or to terminate or block You for violations of these T&Cs.
If You have a dispute with one or more other users You hereby release Us and Our affiliated entities, and their shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Us.
We have no control over and we assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We will 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 web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access to Our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these T&Cs Upon termination, Your right to use Our Services will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, damage to property, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“As Is” and “As Available” Disclaimer
The Service is provided to You “As is” and “As Available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied:
as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
that the Service will be uninterrupted or error-free;
as to the accuracy, reliability, or currency of any information or content provided through the Service; or
that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
Non- commercial Use
Joiner is made available for Your personal, non-commercial use.
You agree that you will not advertise or solicit any user or member to buy or sell any products or services through Our Services. We have great opportunities for businesses who wish to partner with Us. If a business is interested in partnering with the US, please get in contact with Our B2B Accounts and Marketing Team via our website [hyperlink website]
Marketing
When Can You use Our logo and trademarks?
All usage of Joiner & Joiner Tech’s trademarks, logos, images and other material requires Our approval. Please work closely with Us for detailed guidelines and approvals on using Our brand assets in your marketing and media communications by contacting Our B2B Accounts and Marketing Team [same B2B & Marketing hyperlink l]
When You have Our approval, You may use Our logo for:
Partnerships or sponsorships with a formal agreement in place with Us
Newscasts and news programming
Editorials
Books, plays, talk shows, TV shows and film scripts
Print packaging
Marketing or advertising that appears on TV or online
Our IP
We own all intellectual property rights in the products and Company branding between You and Us.
We dedicate substantial resources to the development and protection of Our intellectual property. In addition to seeking registration of Our trademarks and logos around the world, We enforce Our rights against people who misuse Our intellectual property including Our rights under the Copyright Act 1968 (Cth).
Joiner’s trademarks are owned by Joiner Tech and may only be used as provided in these guidelines or with Our permission. You may not use register, or otherwise claim rights in any Joiner or Joiner Tech trademark, including as or as part of any trademark, service mark, company name, trade name, username or domain registration. You should not use or claim rights in any trademark in a way that is confusingly similar to or dilutive of Our trademarks, including as, or as any part of, a trademark. Do not use Our trademarks for anything that would be inconsistent with Our T&Cs.
We may revoke permission to use Our trademarks at any time. We reserve the right to withhold approval of content that we consider inconsistent with Our brand.
To the extent that anything in this Agreement, any written document or anything spoken by Us before the date of this agreement could be taken to (impliedly or expressly) confer or grant any rights in relation to Our Intellectual Property Rights, they are void and of no effect. You are not entitled to Use any of our Intellectual Property Rights whatsoever.
You agree to indemnify Us for any loss or damage we incur, or any commercial benefit You or any third party makes, from Your breach of this clause, being ‘Our IP’.
Governing Law
The laws of Australia, excluding its conflicts of law rules, shall govern these T&Cs and Your use of the Service. Your use of the Our Services may also be subject to other local, state, national, or international laws.
Disputes Resolution and Arbitration of disputes
We have decided on a formal dispute resolution process. If you have a claim against Us, You agree to bring it before an independent arbitrator in Australia.
You agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present, or future, and including statutory, consumer protection, common law, intentional tort, and equitable claims) between You and Us or any of Our affiliated entities or their agents, employees, principals, successors, or assigns arising from or relating to Your use of Our Services, Your account, these T&C’s, their interpretation, or the breach, termination or validity hereof (including the scope and validity of this arbitration agreement), or the relationships which result from these terms (including, to the fullest extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), shall be resolved exclusively and finally by binding individual arbitration.
Process:
Before You commence arbitration of a claim, You must provide us with a written Notice of Dispute that includes Your name, residence address, social login details, email address or phone number You use for Your account, a detailed description of the dispute, and the relief You seek. Any Notice of Dispute You send to us should be sent by email at joinertech@gmail.com and sent via registered post to the Company’s registered address. If We are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received, You or We may commence arbitration.
Before We commence an arbitration, We will send you a Notice of Dispute that includes a detailed description of the dispute, and the relief We are seeking to the email address You use with your account or other appropriate means.
The arbitration shall be administered by an accredited Arbitrator and qualified Legal Practitioner in Australia. Any party or third party or their counsel may appear telephonically in any hearings the same as if they were appearing in person unless otherwise ordered by the arbitration.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the other provisions of these terms, this section shall not prevent You or Us from bringing an individual claim relating to Your use of the website, or Your account, or arising out of these terms exclusively in small claims court within the scope of such court’s jurisdiction.
Any award of the arbitrator shall be final and binding on each of the parties, and it may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between You and Us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT WITH RESPECT TO ANY SUCH CLAIM.
Nothing in this Section shall be deemed to prohibit either party from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Our or Our licensors’ rights in and to intellectual property or confidential information.
Class Action Waiver
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE LAWYER GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Agreement Binding
This Agreement shall be binding upon the parties and their successors and permitted assigns.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.
United States Legal Compliance
You represent and warrant that:
You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and
You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these T&Cs is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these T&Cs shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Minors
Joiner is for users 16+
By using Our Service, You agree that You are 16 years or older.
We consider that the App and Services are inappropriate for use by minors. We do not accept any responsibility for minors downloading or using Our Services. Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in preventing minors from participating in or downloading the application.
If you are interested in learning more about these protections, information is available at https://www.esafety.gov.au/parents/issues-and-advice/parental-controls which provides some information on such protections. The preceding link is provided for information purposes only and not intended to act as an endorsement of these entities, their services or policies and we are not affiliated with them. We provide the preceding like for suggestion purposes only. We do not recommend the implementation of parental control services as a guaranteed method of protecting minors from downloading or engaging with the application.
Translation Interpretation
You agree that the original English text of these T&Cs shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these T&Cs at any time.
You can be updated with any changes to our T&Cs via our website (www.joiner-app.com), which will store the up-to-date T&Cs. You can also sign up to be notified of these changes by emailing Us at joinertech@gmail.com.
If a revision is material, We will make reasonable efforts to provide You with 30 days’ notice prior to any new terms taking effect. Any material changes to Our T&Cs or Privacy Policy will be communicated to you via the Joiner App in the form of an in-app notification. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must stop using Our Services. We recommend Users with an Account check Our Website periodically to keep informed with any updates to our T&Cs.
Competitors
If You are in the business of providing a service similar to Our Service for the purpose of providing it to users for commercial gain, whether business users or domestic users, You are a competitor of Joiner and Joiner Tech. Competitors are not permitted to use, imitate or access any information or content on Our App. If you breach this provision, Joiner Tech will hold you fully responsible for any loss that we may sustain and hold You accountable for all profits that You might make and/or any losses Joiner might make from such a breach.
Contact Us
If You have any questions about these T&Cs, please contact our Customer Service Specialists at joinertech@gmail.com