Terms and Conditions (the Terms)

  1. NextThere (the App) is an iOS application that allows you to access information about public transport locations and timing in a range of cities supplied by AppJourney Pty Ltd (ABN: 80 162 912 174) of 1 Pacific Highway, North Sydney NSW 2060 (AppJourney).
  2. By using or registering the App, you are consenting to these Terms. If you do not agree to these Terms, do not use the App.

Registration

  1. You may optionally register to use the App.
  2. Registration requires that you to provide AppJourney with your email address, which will be handled in accordance with Australian privacy law and these Terms.
  3. You are responsible for keeping secret any password or other user credentials we provide to you in order to enable access to the App.

Acceptable use

  1. You must not do any act that AppJourney would, in its sole discretion, deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our App, including but not limited to:
    1. any act that would constitute a breach of either the privacy (including uploading private or personalinformation without that individual's consent) or any other of the legal rights of individuals;
    2. using the App in a manner that is defamatory;
    3. using the App (including through uploading of material) in manner that jeopardises access to the Appby third parties, which circumvents security controls or which may cause damage to AppJourney or any third party’s property; and
    4. posting any material to the App which is likely to cause annoyance, which is defamatory,discriminatory, racist, obscene, threatening, pornographic or which otherwise is detrimental to AppJourney.
  2. If we allow you to post material to the App or to any other service governed by these Terms, we have the right to remove this information at our sole discretion and without notice to you.

Third Party Websites and Services

  1. Our App may contain links to websites or services operated by third parties. These links are provided for convenience only and unless explicitly stated, we do not endorse these third party websites or services and are not responsible for the content of those linked websites or services.

Privacy

  1. AppJourney complies with its legal obligations under Australian law in relation to privacy.
  2. By agreeing to these Terms, you consent to the collection, use, storage and disclosure of certain personal information about you as set out in our privacy policy available at http://nextthere.com/support/privacy.html.

Changes to these Terms

  1. AppJoutney reserves the right to alter these Terms at any time and, where required by law, we will endeavour to provide you with reasonable notice of the same.
  2. Amendments to the terms will be effective at the time of their publication by the AppJourney. By using the App after these terms are amended, you are agreeing to the amended terms.

Intellectual Property Rights

  1. Except where stated otherwise, all intellectual property rights in the App (including software, design, text, data, icons etc) are owned by AppJourney and/or its licensors.
  2. AppJourney grants you a limited, revocable non-transferrable, non-exclusive licence to use the App for personal, non-commercial use.
  3. You must not distribute, reverse engineer, make any attempt to access the source code of, or in any way alter the App without the prior written consent of AppJourney.
  4. Other than as explicitly set out in these Terms, your use of the App does not grant you any rights, title or interest in the App or any of the underlying intellectual property comprised in the App.

Warranties and Liability

  1. To the maximum extent permitted by law, we make no warranties or representations about the App, including but not limited to warranties or representations that it will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the App will be secure.
  2. Where the law requires certain warranties or guarantees which cannot be excluded (including under the Australian Consumer Law), we limit our liability in relation to such guarantees or warranties to the maximum extent permitted by law to:
    1. Resupply of the affected services; or
    2. A refund of the fees you have paid for the App.
  3. AppJourney reserves the right to restrict, suspend or terminate without notice your access to the App, or any feature of the App at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
  4. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall AppJourney be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our App and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
  5. Any liability that AppJourney may have to you which cannot be excluded by law will be reduced to the extent that the relevant loss or liability is caused or contributed to by you or a third party.
  6. In addition to any other limitations in these Terms, AppJourney is not responsible or liable for events or circumstances beyond its reasonable control.

AppJourney’s rights to terminate

  1. AppJourney reserves the right at all times to terminate, limit or suspend your access to the App, or remove or cancel your order, at its sole discretion. In this event, we may notify you by email if you have provided us with your email address.
  2. AppJourney reserves the right to suspend or discontinue the App at any time including (without limitation) for maintenance of systems, if the App is no longer cost effective to maintain, if the law requires AppJourney to do so, or if AppJourney believes that there is a real risk of loss or damage by continuing to provide the App. In this event, we may notify you by email if you have provided us with your email address.

General

  1. Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
  2. If any part of these terms is invalid or unenforceable, that portion is to be read down or severed to the extent necessary without affecting the validity or enforceability of remaining provisions. The words "including", "such as", "for example" and similar expressions are not words of limitation. In the absence of manifest error, AppJourney’s records are conclusive.
  3. AppJourney may assign or novate all or any part of its rights, remedies, powers or obligations under these terms to a third party without your consent, for example if a third party will operate the App. You may not assign, sublicense or otherwise deal with any of your rights under these terms.

Contacting us

  1. For enquiries, please email support at nextthere dot com.
  2. You can find out more about the App by visiting nextthere.com.