Terms of Service
Last revised on May 1, 2019
- The Soda website, software application and service (“Service”) is operated by Fourtified Trading Pty Ltd (ACN 620 838 842) (“Soda”). Throughout the Service, the terms “we”, “us” and “our” refer to Soda. Soda offers the Service, including all information, tools and services available from the Service to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
- This agreement may be referred to here in as “terms”, “terms of service” and/or “agreement”.
- You are solely responsible for your experience and interactions with other users of this Service. Although we provide the platform for people to connect, share and meet, we do conduct criminal background checks on our users or otherwise enquire into the background of our users. Additionally, we do not directly verify the identity of our users against any form of government database. We make no representations or warranties as to the suitability, background, history or conduct of our users.
- A breach of any term of these terms of service may result in an immediate termination of the Service to you.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
- Please read these terms of service carefully before accessing or using our Service.
Acceptance of these Terms of Service
- Subject to these terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms. The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.
By creating an account on our Service or accessing or using any part of the Service you agree to be bound by:
- these terms of service
- any policies referred to in these terms;
- any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service.If you do not accept and agree to be bound by all of the terms of this agreement, then you may not access the Service.
- If these Terms of Service are considered an offer, acceptance is expressly limited to these terms of service.
- These terms of service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
- Any new features or tools which are added to the Service shall also be subject to these terms of service. You can review the most current version of the terms of service at any time on this page.
- You may cancel or terminate your account at any time, for any reason, by following the instructions in the Service, however, you will need to manage your In App Purchase through your mobile device platform to avoid additional billing.
- To create an account on our Service, you must sign in using your Facebook login (“FB Login”).
- Your FB Login must be your personal account associated directly to you on Facebook. You must not use a secondary or alternative Facebook login that is not you.
- By using your FB Login, you authorise us to access and use certain account information from your Facebook profile, including but not limited:
- Your bio/profile data;
- Your date of birth;
- Selected pictures; and
- Your friends and contacts.
- You are responsible for maintaining the confidentiality of your FB Login and you are solely responsible for all activities that occur under that FB Login.
- You must ensure that your account details submitted to us via the FB Login are complete and accurate and that the information we obtain via your FB Login from time to time are true and correct. You must at all times keep your Facebook profile and account details true and correct and up-to-date.
- Your use of the Service is at all times conditional on you not impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- You agree to notify us immediately by email to firstname.lastname@example.org of any unauthorised use of your account or any other breach of security.
- Where an account is reported to us as being in breach of these terms, we reserve the right (and you agree) to us conducting background checks and otherwise verifying your identity with government databases and/or requesting identification documents from you.
- You must be at least 18 years of age to create an account and use the Service. By creating an account and using the Service, you represent and warrant that:
- you are at least 18 years of age;
- you can enter into and form a binding contract with us;
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; and
- you have never been convicted of a crime, a sex crime, or any crime involving violence and are not registered (and have not been registered) on the:
- Australian National Child Offender Register and/or other child offender register operated by the Commonwealth of Australia or any State or Territory of Australia; or
- Managed Person System, and
- you are not currently subject to a domestic violence order issued by any Court of any State or Territory in Australia.
- We may immediately terminate your access to the Service where you are (or we reasonably suspect you are) in breach of any warranty in clause 4(a).
- We reserve the right to refuse the Service to anyone for any reason at any time, without reasons. Our discretion is absolute and unfettered.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
- You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
In addition to other prohibitions as set out in these Terms of Service, you are prohibited from using the Service or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Accuracy, Completeness and Timeliness of Information
- As a Service, we provide a platform for people to connect. You connect with other users of our Service based on the content that they upload and publish on and via our Service (“User Content”). In using the Service, you expressly acknowledge and agree that:
- we do not review, edit, approve, remove or endorse User Content; and
- we will not take any action in respect of any User Content, unless:
- a complaint is made to us in respect of specific User Content (“Reported Content”); and
- the Reported Content is in breach of these terms, as determined by us in our sole discretion.
- We are not responsible if information made available on the Service, including User Content, is not accurate, complete or current. The accuracy of the User Content is on each user who posts such content on our Service.
- The information and User Content on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information and User Content on the Service is at your own risk.
- You agree to use caution in all interactions with other users of the Service, particularly if you decide to communicate off the Service or meet in person. We are not responsible for the conduct of any user on or off of the Service.
- We do not represent that any User Content is accurate and/or otherwise complies with these terms.
Modifications of the Service and Prices
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof, including any In App Purchase) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any part of the Service.
In App Purchases
- From time to time, we may offer products and services for purchase on our Service, including Extended Features (“In App Purchases”) through iTunes, Google Play or other application platforms authorised by us (each, a “Application Store”).
- If you choose to make an In App Purchase, you will be prompted to enter details for your account with your Application Store (“your App Account”), and your App Account will be charged for the In App Purchase in accordance with the terms disclosed to you by the Application Store provider at the time of purchase as well as the general terms for In App Purchases that apply to your App Account.
- Some Application Stores may charge you sales tax, depending on where you live.
- We reserve the right, but are not obligated, to limit the sales of In App Purchases to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any In App Purchases that we offer. All descriptions of In App Purchases pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any In App Purchase at any time. Any offer for any In App Purchase made on the Service is void where prohibited.
- We do not warrant that the quality of any In App Purchases you may purchase or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- The Service and any information in relation to an In App Purchase constitutes an invitation to treat and not an offer by us to supply goods or a service. When you submit an order to purchase an In App Purchase from us, this constitutes an offer from you to buy that In App Purchase in accordance with these terms. No contract for the sale and purchase of that In App Purchase shall be formed between you and us until we credit your account in the Service with the In App Purchase.
- Unless otherwise stated, In App Purchases are provided to you as a limited, personal, non-transferable, non-sublicensable, revocable licence to use within the Service and in the manner prescribed only, governed by this Agreement and any policy we may implement in respect of any In App Purchases.
- Except as otherwise prohibited by applicable law, In App Purchases obtained by you are licensed to you, and you acknowledge that no title or ownership in or to In App Purchases are being transferred or assigned to you. These terms should not be construed as a sale of any rights in the In App Purchases. Any balance shown on your account in the Service for In App Purchases do not constitute a currency of any kind or reflect any stored value, but instead constitute a measurement of the extent of your licence.
- In App Purchases do not incur fees for non-use, however, the licence granted to you in In App Purchases will terminate in accordance with the terms of these Terms, when we cease providing the Service or the In App Purchases or your account is otherwise cancelled or terminated.
- We, in our sole discretion, reserve the right to charge fees for the right to access or use In App Purchases and/or may distribute In App Purchases with or without charge.
- We may manage, regulate, control, modify or eliminate In App Purchases at any time.
- We shall have no liability to you or any third party in the event that we exercise any rights in clauses 8(j) and 8(k).
- The transfer of In App Purchases is prohibited, and you shall not sell, redeem or otherwise transfer In App Purchases to any person or entity.
- We may from time to time, offer you extended features to the Service, such as a ‘Soda Blast’ or ‘Pop’ that you may purchase (“Extended Features”).
- Extended Features:
- Soda Blast: a Soda Blast allows you to directly send a one-off voice recording to another user of the Service, without having to wait for that user to connect with you; and
- Pop: allows you to fully reveal the concealed photos of another user of the Service.
- In respect of the Extended Features, you expressly acknowledge that:
- all purchases of Extended Features and final and non-refundable; and
- where your account with the Service is cancelled or terminated (for any reason), we will not refund or compensate you for any unused Extended Feature.
- We may provide you with access to third-party tools or features over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- Our links with linked websites and/or third-parties should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites and third parties, or of any information, graphics, materials, goods or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
- We accept no responsibility for the content of any advertisement appearing on this website or anywhere in the Service (including for any hyperlink to an advertiser’s own website). The inclusion of any advertisement on this website or within the Service does not constitute a recommendation or endorsement by us of the advertiser’s goods and each advertiser is solely responsible for any representations made in connection with its advertisement.
- You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this website or the Service (or any file on this website or Service) or embed any page of (or content on) this website or Service on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this website or to the Service, please contact us at email@example.com. If you do create a hyperlink to this website or the Service or embed this website or Service, or any part of this website or Service, in another website or application, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding.
User Comments, Feedback and Other Submissions
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to, including that of Facebook for the FB Login. If you use the Service and you agree to it to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can connect. If you do not agree to these practices you should not allow our Services to interact with your social network.
- You agree that all intellectual property relating to our Service is owned by or licenced by us. Our Service is being licensed to you and you agree that no title or ownership in our Service is being transferred or assigned to you and that these terms are not a sale of any rights in our Service.
Errors, Inaccuracies and Omissions
- Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to features, In App Purchases, Extended Features product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel any purchase if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted a purchase).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Disclaimer of Warranties and Limitation of Liability
- To the maximum extent permitted by law, we provide the Service and any related information and services on an “as is” and “as available” basis without any representation, warranties, conditions or guarantees of any kind (whether, express, implied, statutory or otherwise), including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement
- We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Service will be accurate, reliable and/or risk free.
- You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk.
- In no case shall we, our directors, officers, employees, related and associated bodies corporate, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or User Content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
- You acknowledge and agree that, despite all reasonable precautions on our part, the Service is not, and cannot be, guaranteed to be error free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these terms. We will not be liable to you should the Service contain errors, or become unavailable, interrupted, or delayed for any reason.
- To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service or any linked application, including any such loss arising out of your use of or reliance on information contained on, or accessed through, the Service, or concerning any goods or services ordered by you from the Service.
- Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We strive to protect such information, however, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.
- You must ensure that your access to the Service is not illegal or prohibited by laws which apply to you. You agree not to use the Service for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of the Service whether by way of a virus, corrupted file or through any other means.
- You must take your own precautions to ensure that the process which you employ for accessing the Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
- Details contained on the Service to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Service concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Service.
- We take no responsibility for any content, including User Content, that you or another user (or a third party) posts, sends or receives through the Service. Any content downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
- You agree to indemnify, release, defend and hold harmless Soda and our parent, trustees, subsidiaries, related and associated bodies corporate, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal fees (on a solicitor client basis), made by any third-party due to or arising out of:
- your breach of these terms of service or the documents they incorporate by reference;
- your User Content;
- any unauthorised use of your account and/or FB Login (including any failure to keep your FB Login secure and confidential);
- your interactions with other users with and/or outside of the Service; and
- your violation of any law or the rights of a third-party.
If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- You may terminate these Terms of Service at any time by:
- notifying us that you no longer wish to use our Service;
- when you cease using the Service; or
- when you cancel your account in the manner prescribed in the Service.
- We may terminate these Terms of Service for convenience with you at any time, without reason.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
Suspension or termination of access
Access to the Service may be suspended or terminated at any time by us without notice. Our disclaimers and limitations and exclusions of liability provided in these terms of service will nevertheless survive any such termination.
- (Entire Agreement): These Terms of Service and any policies or operating rules posted by us on the Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- (contra proferentem): Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- (Force Majeure): We are not liable for any failure by us to comply with these terms of service where such failure is due to circumstance beyond our reasonable control.
- (Waivers): If we waive any rights available to us under these terms of service on one occasion, this does not mean that those rights will automatically be waived on any other occasion. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- (Non Merger): Each provision of these terms of service is effective until it is satisfied or completed.
- (Survives Termination): Any indemnity or any obligation of confidence under these terms of service is independent and survives termination of these terms. Any other term by its nature intended to survive termination of these terms survives termination of these terms.
- (Assignment): We may wish to transfer all or a part of our rights or responsibilities under these terms to a third party without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the Queensland courts and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to these terms and conditions (and any contracts between you and us which arise through your use of this website).
Changes to Terms of Service
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website or in the Service. It is your responsibility to check our website and Service periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
How we handle e-mails
- We may preserve the content of any e-mail you send us for our business purposes, including if we believe we have a legal requirement to do so. Your e-mail message content may be monitored by us including for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
- You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 1999 (Cth).
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.