Terms of service

These are the terms and conditions (“Terms”) that govern your use of the services provided by Meandu Australia Pty Limited ACN 626 480 788, Me&u AU Trading Pty Ltd ACN 631 694 132 if you are in Australia and Me&u NZ Trading Pty Ltd with Company No. 7964237 if you are in New Zealand and their associated entities (collectively “me&u”) and its Spots website and Spots web or mobile discovery applications (“Spots App”), social media pages, marketing activities whether branded me&u or “Spots” to search for, recommend, rank or attend  hospitality venues (collectively, the “Services”). 

Acceptance of terms

Please read these Terms before accessing Services.  By accessing or using the Services, you accept these Terms and agree to the collection and use of your personal information as set out in our [Spots Privacy Policy]. Your use of the Services is subject to these Terms. 

If you do not agree to any of these terms, or are under the age of 18, you must not download or use the Services. By accessing the Services, you warrant that:

• You are at least 18 years old;
• You are legally capable of entering into binding contracts; and
• All information provided by you to me&u is truthful, accurate and complete.

me&u can change these Terms from time to time by posting the updated Terms on this page or through the Spots app or web page. me&u will give reasonable prior notice of changes (but some changes or circumstances may mean that it is reasonable not to give any prior notice).  Any changes will only apply to future use of the Services.  If you do not agree to the changes, you can elect not to use the Services.  

However, you will be subject to the Terms in force at the time that you used the Services, and your use of the Services constitutes your acceptance of the updated Terms. You are always able to review the then-current Terms by following the link featured through the Spots App or Services.

These Terms may not be otherwise amended except in writing signed by you and me&u.

Limited licence to use the Services through our app

Subject to your acceptance of these Terms and the Apple Application Store or Google Android terms and conditions, me&u grants you a limited, non-exclusive, non-assignable, non-transferable licence to access and use the Spots App and/or Services solely for your own personal, non-commercial purposes.

Intellectual Property

For the purposes of these Terms, intellectual property means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of those rights (“Intellectual Property”). 

Title to, and all Intellectual Property in and to the Spots App and Services and any documentation relating to the Spots App or Services remain me&u’s (and/or me&u’s licensors) sole property. Nothing in these Terms constitutes a transfer of any Intellectual Property to you or any other third party. You acknowledge and agree that me&u (and/or me&u’s licensors) own all the Intellectual Property rights in and to the Spots App and the Services.

You warrant that you will not copy, imitate, use, publish, reproduce, disseminate, offer for sale, sell, or reverse engineer the Spots App or the Services, the Spots App and Services content or any of me&u’s Intellectual Property.  You acknowledge that if you do copy, imitate, use, publish, reproduce, disseminate, offer for sale, sell, or reverse engineer the Spots App or Services, the Spots App or Services content or any of me&u’s Intellectual Property in breach of the preceding sentence, that me&u will suffer loss and damage and you indemnify us for any such loss or damage suffered as a direct result of your breach (including reasonable legal fees on a party-party basis).  We will use reasonable efforts to mitigate the loss or damage we suffer as a result of your breach, and are not entitled to recover any loss or damage to the extent caused or contributed to by the fraud, wilful misconduct, breach of law or negligence of me&u or its personnel. 

Any feedback you give me&u, including in-App ratings, is given entirely voluntarily, and you agree is assigned to me&u when you provide the feedback and becomes me&u’s Intellectual Property.  You agree that me&u is free to aggregate, disclose, reproduce, or otherwise use that feedback as it sees fit without payment or attribution to you.

Your account

You may access some features of the Services without registering your details with us. However, to use the Services, you must provide us with some of your personal information and you have the option to register an account with us (“Account”). 

To obtain an Account, you must be at least 18 years of age and you must not have been barred from using the Services or an Account. Account registration requires you to submit your name and mobile telephone number to me&u. All personal information you provide through your use of the Services will be collected, handled and used in accordance with relevant data protection laws and me&u’s Spots Privacy Policy. 

You acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license or assign your Account to anyone else. me&u will not be liable to you for any loss that you may suffer if a third party gains access to your Account, except to the extent caused or contributed to by the fraud, wilful misconduct, breach of law or negligence of me&u or its personnel.  If you have an Account, you acknowledge and agree that  share your username is searchable by other users of the Spots App or Services.

User Submissions 

Anything you post, upload, share, store, or otherwise provide through the Services are your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to or through the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Spots  App or Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Spots Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions throughthe Services, you hereby do and shall grant me&u a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Spots App and Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or any of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your Account or the Services.  You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorised to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information with others through your Third Party Accounts, such as your social networks, you authorise me&u to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that me&u, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Content

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including me&u’s) rights.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk.  We are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Links, third party services and communications

me&u may send you emails, text messages or notifications, including receipts and notice of changes to the Services or Terms. 

me&u, Venues and me&u’s partners and affiliates may send you emails or text messages about promotions or offers if you have opted in to receive those communications. All commercial electronic messages will include an unsubscribe facility. 

The Services may contain links to third-party materials that are not owned or controlled by me&u. me&u does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you click on a link through the Services that redirects you to a third-party site or content, you become subject to that third party’s terms and conditions, and me&u is not responsible or liable, directly or indirectly, for any damage or loss you suffer in connection with your use of or reliance on any third-party content, goods or services. For example, you may be able to access certain parts or features of the Services by using your account credentials from other services (each a “Third Party Account”). By using the Services through a Third Party Account, you permit us to access certain information from such accounts for use by the Services. You are ultimately in control of how much information is accessible to me&u and may exercise such control by adjusting your privacy settings in your Third Party Accounts. 

Google Maps

Without limiting the foregoing, the Services include Google Maps features and content.  Use of the Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps/; and (2) Google Privacy Policy at https://policies.google.com/privacy.

If you fail to comply with the applicable Google Maps/Google Earth Additional Terms of Service, we may take appropriate enforcement action, including suspending or terminating your use of Google Maps features and content (if practicable), or of the Spots App or Services more broadly.

TikTok

Without limiting the foregoing, the Spots App and Services include links to TikTok features and content.  Use of the TikTok features and content is governed by the then-current version of the TikTok terms of service, currently available at: www.tiktok.com/legal/page/row/terms-of-service/en.

Operating System providers

Apple Inc., Google, LLC and their applicable affiliates will be third-party beneficiaries to these Terms if you have accessed the Spots App using the Spots App developed for Apple iOS or Android mobile devices, respectively. These third party beneficiaries are not parties to the Terms and are not responsible for the provision or support of the Services. Your access to the Services using Apple iOS or Android mobile devices is subject to terms set out in the applicable third party beneficiary’s terms of service as well as these Terms.

Promotions and Loyalty programs 

A Venue or partner connected with the Services may offer promotions, promotion codes or loyalty programs that may provide you with discounts, bonus offers or other similar incentives to use our Services (“Venue Promotions”).  We agree to allow you to use valid Venue Promotions subject to any terms and conditions imposed by the Venue and subject to the following conditions: 

1. Venue Promotions cannot be redeemed for cash, can only be applied towards one transaction at a time and must be used before the expiry date; and 
2. me&u and the Venue reserve the right to cancel, withhold use, suspend or modify the terms of Venue Promotions and any discount or benefit associated with it at any time. 

You acknowledge and agree that the Venue running the Venue Promotion is solely responsible for the delivery of a Venue Promotion benefit to you.  In the event that a Venue Promotion’s accrued points, rewards, discounts, redemptions or offers are no longer available to you  me&u is not liable to you. 

Prohibited uses

You agree to use the Services in accordance with all applicable laws and regulations. 

me&u may investigate or terminate your use of the Services if you have misused the Services, or have behaved in a way which is illegal or is regarded by me&u as inappropriate. 

You agree that in using the Services  you will not: 

1. impersonate any person or entity; 
2. use any technology or process to retrieve, index, ‘data mine’, reproduce, reverse engineer the Services or its contents; 
3. use any material, trademarks, or other proprietary information without obtaining the prior written consent of the owner; 
4. remove any copyright, trademark or other proprietary rights notices contained in the Services; 
5. interfere with or disrupt any part of the Services;
6. post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; or 
8. ‘frame or ‘mirror’ any aspect of the Services, without me&u’s prior written permission, or use meta tags or code or other devices containing any reference to me&u or the Service in order to direct any person to any other website for any purpose.

You further agree that your information and your interactions with and through the Services shall not: 

9. be false, inaccurate or misleading (directly or by omission or failure to update information); 
10. infringe any third party’s rights, including but not limited to Intellectual Property Rights, confidentiality, proprietary rights or rights of publicity or privacy; 
11. violate any laws; 
12. be defamatory; 
13. contain any viruses or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information; or 
14. create liability for me&u. 

me&u reserves the right to refuse to license the Services to any person who does not comply with these Terms.

Exclusion of warranties / disclaimer

To the maximum extent allowed by law and subject to ‘Limitation of Liability’ below, the Services are provided on an “as is” and “as available” basis.  me&u does not warrant the accuracy, completeness, currency or reliability of the Services or the content contained therein.  

Save for any terms, conditions, guarantees, warranties, indemnities and other rights which may arise under the Australian Consumer Law or other legislation and which cannot be limited or excluded, all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded.

Limitation of liability

Subject to the following, me&u’s total liability to you for all damages, losses, and causes of action in connection with the Services (whether in contract, tort including, but not limited to, negligence, or otherwise) is limited to $100.

Subject to “Exclusion of warranties/disclaimer” above, and the following paragraph, you expressly agree that me&u is not liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if me&u has been advised of the possibility of such damages), resulting from or in any way connected with: your use of, or the inability to use, the Services; any unauthorised access to or alteration of your transmissions or data; or any other matter relating to the Services. 

In relation to any warranties, conditions or guarantees implied or imposed by applicable law (including the Australian Consumer Law) for which we cannot exclude liability but can limit it, we limit our liability to, at our discretion and to the extent it is fair and reasonable to do so, either: 

1. supplying of the Services again (as applicable); or 
2. paying the cost of having the Services supplied again (as applicable).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Other disclaimers

me&u will use reasonable efforts to make the Services available, but does not guarantee that access will be continuous or error-free.  The Services and any features provided therein may be temporarily unavailable from time to time for maintenance or other reasons. me&u assumes no responsibility or liability for: any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure; any technical malfunction or other problems related to or resulting from using or downloading the Spots App or materials in connection with the Spots App and/or in connection with Services; and/or discontinuing or altering the Spots App or Services (or any part thereof), removing content from or restricting the availability of the Spots App or Services without notice.

Release and indemnification

To the extent allowed by law, You agree to release me&u (including its members, managers, officers, employees and agents) from all liability and obligations whatsoever in connection with or arising from your use of the Services provided to you agree to indemnify me&u (including its members, managers, officers, employees and agents) from and against all liabilities, costs, demands, causes of action, damages and expenses (including legal fees)arising out of or in connection with your breach of these Terms and/or your use of the Services. 

Nothing in these Terms requires you to indemnify us, or enables us to avoid liability to you, where and to the extent the relevant loss or liability is caused by the fraud, wilful misconduct, breach of law or negligence of me&u or its personnel.  We will use reasonable endeavours to mitigate any losses we suffer in connection with these Terms.

General

Governing Law: If you are in Australia, these Terms are governed by the laws of New South Wales, Australia and are subject to the exclusive jurisdiction of the Courts of New South Wales. If you are in New Zealand these Terms are governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the Courts of New Zealand. 

Assignment: These Terms, and any rights and licenses granted by them, may not be transferred or assigned by you, but may be assigned by me&u without restriction, provided me&u reasonably considers there is no detriment to you as a result of the assignment (for instance, because we reasonably believe the assignee is capable of performing these Terms. 

No Waiver: me&u’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.

Entire Agreement/Severability: These Terms, together with any amendments and any additional agreements you enter into with me&u in connection with the App and/or the Services, constitute the entire agreement between you and me&u. If any provision of these Terms is deemed invalid, the invalidity of such provision will not affect the validity of the remaining provisions.

Contact: All enquiries may be directed to hello@meandu.com.au. 

Complaints: We will try to resolve any complaints with you quickly and efficiently.  If you are unhappy with our Service or any other matter, please contact us at: helpme@meandu.com and support@meandu.com.