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Terms of Service

Seatfrog Terms of Service

Last update: May 2016

Please read these Terms of Service (Terms, Terms of Service) carefully before using http://www.seatfrog.com (Website) operated by Seatfrog Pty Ltd (ABN 36 605 390 261) (Seatfrog, we or us) or the Seatfrog App (App, collectively the Seatfrog Services).

Acceptance of Terms

Your access to and use of the Seatfrog Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Seatfrog Services.

By accessing or using the Seatfrog Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Seatfrog Services.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.

If you continue to use the Seatfrog Services after the revised Terms are in effect, then you have accepted the canges to these Terms.

Privacy

For information about how we collect and use information about users of Seatfrog Services, please check out our privacy policy available at here.

Copyright

The Seatfrog logo, all designs, text, graphics, pictures, information and other content (excluding your content) is owned by Seatfrog or our licensors and it is protected by Australian and international copyright laws.

Third Party Links

Our Service may contain links to third­ party web sites or services that are not owned or controlled by Seatfrog.

Seatfrog has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Seatfrog 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 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 web sites or services that you visit.

Legal

The Seatfrog Services and any other Service and content included on or otherwise made available to you through the Seatfrog Services are provided to you on an as is or as available basis without any representations or warranties of any kind. We disclaim any and all warranties and representations (express or implied, oral or written) with respect to the Seatfrog Services and content included on or otherwise made available to you through the Seatfrog Services whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise.

In no event will Seatfrog be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the Seatfrog Services or any other Service and/or content included on or otherwise made available to you through the Seatfrog Services, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. Our total liability for all causes of action and under all theories of liability will be limited to any amount you paid to Seatfrog. This section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including legal fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Seatfrog Services or the use of the Seatfrog Services by any person using your account, including any claim that your use of the Seatfrog Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

By continuing to access or use the Seatfrog Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

Seatfrog App

Seatfrog reserves the right to make changes to the app at any time, to ensure the app is as useful and efficient as possible. Currently the app is available on iOS and Android, and you may need to download updates to the app to continue using it.

Certain functionality within the app such as adding a flight and placing a bid requires an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, however Seatfrog takes no responsibility for unavailable functionality if you do not have access to Wi-Fi or a data connection with data allowance remaining.

Using the app without Wi-Fi may result in charges from your mobile provider for the cost of data during the duration of the connection when using the app, or other third party charges. By using the app, you accept responsibility for any such charges, including roaming data charges if you are using the app outside of your home territory without disabling data roaming. If you are not the bill payer for the device that you are using the app on, Seatfrog assumes that you have permission from the bill payer to use the app.

Seatfrog reserves the right to stop providing the app, and may terminate use of it at anytime with no prior notice. Unless otherwise advised, upon any termination:

  • the rights and licenses granted to you in these Terms end;
  • you must stop using the app; and
  • (if needed) delete the app from your device(s)

Creating Accounts

When you create an account or use another service to log in to the Seatfrog Services, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Seatfrog Services.

If you discover or suspect any Seatfrog Services security breaches, please let us know as soon as possible.

Feedback

Please let us know what you think of the Seatfrog Services and these Terms. When you provide us with any feedback, comments or suggestions about the Seatfrog Services and these Terms you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Termination

We may terminate or suspend access to Seatfrog Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contact

For any other questions regarding the Terms, please send an email to terms@seatfrog.com.

Seatfrog Pty Ltd
Level 5
155 Clarence Street
Sydney NSW 2000
Australia