NeatStreets Terms of Service
Effective date: 1st January 2019
1. Your access to and use of the Service
PepperStack Global Pty Ltd ("us", "we", or "our") owns and operates services running on the
neatstreets.com.au and neatstreets.co.nz domains including this website and the NeatStreets
mobile applications, hereinafter collectively referred to as the "Service".
The NeatStreets Terms of Service (the ‘Terms') govern your access to and use of the Service including your access to and use of publicly accessible information such as location, text, photos and other media or information uploaded, downloaded or appearing on the Service (the ‘Public Content').
Your access to and use of the Service and the Public Content is subject to your acceptance of and compliance with the Terms. By accessing or using the Service you are agreeing to be bound by the Terms.
Means services running on the neatstreets.com.au and neatstreets.co.nz domains including this website and the NeatStreets mobile applications owned and operated by PepperStack Global Pty Ltd.
Publicly accessible information such as location, text, photos and other media or information uploaded, downloaded or appearing on the Service.
The generation and submission of Public Content to the Service of non-emergency issues.
Mobile applications and internet-based reporting tools offered by the Service for generating and submitting Reports.
Your Public Content
The information that you submit to the Service in the form of Reports or updates to Reports.
As defined in the Australian Privacy Act 1988 (Cth)
3. Reporting incidents
The Service is offered to you for the purposes of reporting and commenting on
non-emergency incidents (‘Reports’), such as damage, defects and obstructions
to public infrastructure, using our mobile applications and internet-based
reporting tools (‘Reporting Tools’).
The information that you submit to the Service in the form of Reports or updates to Reports (‘Your Public Content’) can include, your comments (i.e. voice, text and/or video), your photographs and your location at the time of submission. Your Public Content is designed to be made publicly accessible. This means that anyone on the internet has access to Your Public Content and has the ability to respond to Your Public Content.
By using the Service, you agree that you understand and accept that the Service:
- Makes Your Public Content accessible to anyone on the internet
- Should never be used by you to convey the delivery of emergency notifications
- Should not under any circumstances be used by you in a life-threatening situation
- Is only intended for submitting non-emergency issues
PSG reserves the right at all times to remove or refuse Your Public Content, to suspend or terminate users, and to reclaim usernames without notice, without liability to you, any other user or any third party.
By submitting Reports through the Service, you grant PSG a non-exclusive, royalty-free license with the right to sublicense, to use, copy, process, modify, publish, display and distribute Your Public Content in any and all media and/or distribution mechanisms available to us.
Such additional uses of Your Public Content by PSG or other companies, organizations or individuals who partner with PSG, may be made with no compensation paid to you.
4. Privacy and Personal Information
When you submit Your Public Content, you should think carefully about what you are making
public. You should not use Reporting Tools to submit multimedia content to the Service
which may compromise your own or someone else's privacy.
For example, you should not capture and submit:
- Photos, video or audio content showing individuals, private property or private vehicles
- You should not capture and submit personal information such as private address details, private telephone numbers, email addresses, or vehicle registration numbers, pertaining to you or someone else.
We distinguish between Your Public Content as described herein from personal information and other data we collect from you (‘Your Data’).
5. No warranties
The Service is provided “as is” without any representations or warranties, express or
implied. PepperStack Global Pty Ltd ('PSG') who owns and operates the Service, makes no
representations or warranties in relation to the Service or the Content provided by the Service.
Without prejudice to the generality of the foregoing paragraph, PSG does not warrant that:
- the Service will be constantly available, or available at all; or
- the information provided by the Service is complete, true, accurate or non-misleading.
6. Limitations of liability
PSG will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Service:
- to the extent that the Service is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Nothing about the Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Terms will exclude or limit PepperStack Global's liability in respect of any:
- death or personal injury caused by PSG's negligence;
- fraud or fraudulent misrepresentation on the part of PSG; or
- matter which it would be illegal or unlawful for PSG to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Service, you agree that the exclusions and limitations of liability set out in the Terms are reasonable. If you do not think they are reasonable, you must not use the Service.
9. Other parties
You accept that, as a limited liability entity, PSG has an interest in
limiting the personal liability of its officers and employees. You agree that you will
not bring any claim personally against PSG's employees, directors or
shareholders in respect of any losses you suffer in connection with the Service.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Terms will protect PSG’s employees, directors, shareholders, agents, subsidiaries, successors, partners, assigns and sub-contractors.
10. Unenforceable provisions
If any provision of the Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms.
11. Applicable law
The use of the Service is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of the Service are exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).
12. Entire Agreement
PSG reserves the right to modify the Terms from time to time without notice.
It is the responsibility of you to review the Terms so that you remain cognisant of any
The Terms supersede and replace any prior agreements between PSG and you regarding the Service and the Terms are the entire and exclusive agreement between PSG and you regarding the Service excluding any services for which you have a separate agreement with PSG or its approved agents ('the Provider') that is explicitly in addition or in place of these Terms.