Terms and Conditions

TERMS AND CONDITIONS OF USE : PLEASE READ CAREFULLY

1. Agreement

These Terms and Conditions of Use (Agreement) form a legal

agreement between you and Howdy Global Pty Limited ACN 672

900 408 of 1356A Paterson Road, Duns Creek NSW 2321

(“Howdy”).

This Agreement may be accepted by doing either one or more of

the following:

• accepting a clickthrough agreement containing or

referencing this Agreement; or

• accessing or otherwise using the App.

If you do not agree with these terms, or do not understand

any part of this Agreement, then do not access or otherwise

use the App. The App may not be sold, transferred or further

distributed except as authorised by Howdy.

The App may include, be bundled with or require installation of

other software programs licensed under different terms and/or

licensed by a vendor other than Howdy. Use of any software

programs accompanied by a separate licence agreement is

governed by that separate licence agreement. Any third-party

software that may be provided with the App is included for use at

your option. Howdy is not responsible for any third party’s software

and shall have no liability for your use of the third-party software.

2. Definitions

Where the following words are not already defined in another part

of this Agreement:

App means the “Howdy” application developed by Howdy and

includes any upgrades of the App issued or made by Howdy from

time to time.

Commencement Date means the date of acceptance of this

Agreement in accordance with clause 1 above.

Confidential Information means the content of this Agreement,

any information of a party which is marked confidential and any

information which is by its nature confidential.

Cooling Off Period means the period that is within 24 hours from

the time of payment of the Subscription Fee for the first month.

Data means any information entered into and contained in the

App from time to time, which may include your personal or private

information.

Intellectual Property Rights means:

(a) all intellectual property rights at any time protected by

statute or common law, including patents, copyright and

any registered intellectual property rights, registered

designs, trademarks, Source Code and goodwill; and

(b) any application or right to apply for registration of any of

these rights.

Source Code means computer programs in un-compiled human-

readable English language format, which comprise the Software.

Subscription Fee means the subscription fee of $30.80

(including GST) per month payable by you to Howdy for access

and use of the App as varied by Howdy from time to time.

Taxes means taxes duties, tariffs, excise and other imposts

whether levied by the Commonwealth of Australia or the relevant

governing body of any other jurisdiction.

3. Eligibility

You must register for an account before you are able to access

the App.

You are not authorised to create an account or use the App

unless all of the following are true, and by using our App, you

represent and warrant that you:

(a) are at least 18 years old;

(b) have not committed or been convicted of a sex crime, or

any crime involving violence or a threat of violence;

(c) are not required to register as a sex offender with any

national, state or local sex offender registry; and

(d) have not previously been removed or suspended from the

App, any other dating apps and/or any social media

platform.

4. Your Account

You can create an account by downloading the App through a

third party store, such as the Apple App Store or Google Play

Store.

You can create an account by using your Apple ID, Google

account, Facebook account or email login details. If you create

an account using your Facebook login details, you authorise

Howdy to access, display and use certain information from your

Facebook account, including but not limited to your public

Facebook profile.

You are responsible for maintaining the confidentiality of your

login credentials you use to sign up for the App, and you are

solely responsible for all activities that occur under those

credentials. If you believe someone has gained access to your

account, please contact us immediately at

accounts@howdyglobal.com.au.

5. Payment Terms

By signing up for a subscription to the App, you agree to pay the

Subscription Fee.

You may pay the Subscription Fee for the App by paying with

your credit card, debit card, or PayPal account, which will be

processed . You acknowledge and agree to the terms and

conditions of service for each provider, which can be found .

First time subscribers are eligible to receive a 7-day free trial

(Free Trial Period) to use the App during which you may cancel

your subscription at any time without being charged. Howdy will

charge the Subscription Fee via your chosen payment method for

the first month of the subscription immediately on expiry of the

Free Trial Period. If you cancel your subscription after the Free

Trial Period, the Subscription Fee for the first month will not be

refunded, and your subscription will remain active until the end of

that billing period.

Your subscription to the App will continue to automatically renew

at the end of each billing period, and your payment method will

be charged until you cancel your subscription to the App.

If you decide to cancel your subscription during the Cooling Off

Period, you will receive a full refund of the Subscription Fee for

the first month.

The Subscription Fee is exclusive of all Taxes. If any Taxes are

imposed on the Subscription Fee then you will be liable for

payment of the Taxes in addition to the Subscription Fee, at the

same time and in the same manner as the Subscription Fee.

If you fail to pay any amount owing under this Agreement by the

due date, Howdy is at liberty to suspend access to the App

immediately until payment has been made in full or the

Agreement has been terminated.

6. Term and termination

This Agreement will commence on the Commencement Date and

will continue until terminated in accordance with the terms of this

Agreement.

Your subscription will automatically renew on a monthly basis at

which time you will be charged the Subscription Fee.

You can terminate your subscription at any time by logging into

the App, going to the “Settings” tab (the gear icon), and following

the instructions to terminate your subscription. Please note that2

deleting the App from your device will not terminate or cancel

your subscription.

Howdy will retain all funds charged to your nominated payment

method until you terminate or cancel your subscription on the

App.

If you terminate or cancel your subscription, you will have access

to the App for the remainder of the period for which you have

paid. You will not receive any pro-rata refund of the Subscription

Fee for the remainder of the period for which you have paid.

Without limiting any other provision of this Agreement, Howdy

reserves the right to investigate and/or terminate your account

without a refund of any Subscription Fees if you have violated

this Agreement, misused the App or behaved in a way that Howdy

regards as inappropriate or unlawful, including actions or

communications that occur on or off the Service.

On termination for whatever reason, all your rights to use the App

cease.

7. The rights Howdy grants to you

Howdy is authorised to grant rights in the App as set out in this

Agreement.

Howdy grants you a non-exclusive and non-transferable right to

use and access the App in accordance with the terms of this

Agreement.

Subject to you complying with your obligations under this

Agreement and in consideration of the payment of Subscription

Fee by you, Howdy will allow you to logon to and use the App, as

soon as it has been configured for your access.

8. Your Responsibilities

You must use the App strictly in accordance with the terms of this

Agreement.

You will be responsible for protecting the App from unauthorised

access or use to the extent that you must ensure logon details

are kept secret and are altered frequently.

Howdy will otherwise make every effort to safeguard the App from

external threats such as hacking and virus. However, you

acknowledge that Howdy cannot guarantee the absolute security

of the App.

You agree to:

(a) comply with the Agreement;

(b) comply with all applicable laws, including without limitation,

privacy laws, intellectual property laws, anti-spam laws,

and regulatory requirements;

(c) use the latest version of the App;

(d) treat other users of the App in a courteous and respectful

manner;

(e) be respectful when communicating with any of our

customer care representatives or other employees of

Howdy; and

(f) maintain a strong password and take reasonable measures

to protect the security of your login information.

You agree that you will not:

(a) misrepresent your identity, age, current or previous

positions, qualifications, or affiliations with a person or

entity;

(b) use the App in a way to interfere with, disrupt or negatively

affect the App;

(c) use the App for any harmful, illegal, or nefarious purpose;

(d) harass, bully, “stalk”, intimidate, assault, defame, harm or

otherwise mistreat any person;

(e) post inappropriate or offensive language and/or images

while using the App (as determined by Howdy);

(f) solicit passwords for any purpose, or personal identifying

information for commercial or unlawful purposes from other

users or disseminate another person’s personal

information without his or her permission;

(g) solicit money or other items of value from another user,

whether as a gift, loan, or form of compensation;

(h) use another user’s account;

(i) provide your logon details and passwords for the App to

any other person;

(j) disclose private or proprietary information that you do not

have the right to disclose; and

(k) create a new account after we suspend or terminate your

account, unless you receive Howdy’s express permission.

9. Howdy’s Responsibilities

Howdy will collect data (via the App) on the basis of documents

and/or information provided by you. Howdy does not (and cannot)

verify or warrant the validity or accuracy of such information.

Howdy will monitor the App for any content posted by users which

may be in breach of this Agreement. Howdy reserves the right to

delete any content (in whole or in part) which in Howdy’s sole

opinion violates this Agreement or may harm others and/or the

reputation of Howdy.

Although Howdy reserves the right to review and remove content

that violates this Agreement, such Content is the sole responsibility

of the user who posts it, and Howdy cannot guarantee that all

content will comply with this Agreement.

If you see content on the App that violates this Agreement, please

report it within the App, our email at

enquiries@howdyglobal.com.au or via our website at

www.howdyglobal.com.au.

Howdy continually monitors the App and applies bug fixes as the

need arises. Howdy reserves the right to prioritise such fixes in a

way that in Howdy’s reasonable opinion has least impact on the

App and all its users.

Howdy cannot guarantee the App will be available at all times.

Howdy may experience hardware, software, or other problems or

need to perform maintenance related to the App, resulting in

interruptions, delays, or errors.

Howdy reserves the right to change, revise, update, suspend,

discontinue, or otherwise modify the App at any time or for any

reason without notice to you.

You agree that Howdy has no liability whatsoever for any loss,

damage, or inconvenience caused by your inability to access or

use the App during any downtime or discontinuance of the App.

Nothing in this Agreement will be construed to obligate Howdy to

maintain and support the App or to supply any corrections,

updates, or releases in connection therewith.

10. Risk and Ownership

All rights title and ownership in the App (including all Intellectual

Property Rights contained within the App, but excluding the Data

you upload into the App) shall at all times vest with Howdy

(including without limitation any modifications or developments

made to the App either by Howdy or by you with or without the

consent of Howdy).

Nothing in this Agreement grants you ownership of the App or

any other rights in respect of the App other than those expressly

granted in clause 7. You must not remove or alter any logo,

copyright or other proprietary notices, symbols or labels

appearing in any of the user interfaces of the App.

Risk of use, loss of or damage to the App will pass to you on the

Commencement Date.

11. Howdy makes no warranties or representations

Except as expressly provided in this Agreement and to the extent

permitted by law, liability for all representations and warranties,

whether implied, express or otherwise, are excluded.

Except as expressly warranted above, Howdy does not warrant

or make any representations:3

(a) that the App is of merchantable quality, suitable for your

use, or is fit for any other purpose or use;

(b) that operation of the App will be-uninterrupted or that the

App is error-free;

(c) regarding the results of any use of the whole or any part of

the App; or

(d) as to the accuracy, reliability or content of any data,

information, service or goods obtained through any use of

the whole or any part of the App.

12. Howdy limits its liability

Howdy does not carry out background checks or other identity

verification checks on users. Howdy makes no representations or

warranties as to the conduct, identity, health, physical condition,

intentions or legitimacy of its users.

You are solely responsible for your interactions with other users.

You acknowledge there is an inherent level of risk in online

dating, particularly when transitioning from online dating to

meeting in person. Howdy cannot guarantee the safety of its

users, nor is it responsible for the conduct of any user on or off

the App.

You should always use your best judgment and exercise extreme

caution when communicating with or meeting other users.

Howdy bears no responsibility over how users make use of the

App, including introductions made to other users via the App.

Each user releases and forever discharges Howdy from any and

all claims, demands or causes of action arising from personal

injury, death, stalking, intimidation, danger or fraud as a result of

the use of the App.

You are responsible for determining that the App is suitable for

your own use or purpose.

You assume all risk for any loss or damage resulting directly or

indirectly from your use of or inability to use the App.

To the extent permitted by law Howdy will not be liable to you in

respect of any consequential, indirect, exemplary or punitive

damage (including, but not limited to, loss of actual or anticipated

profits or revenues, loss by reason of shutdown or non-operation,

increased cost of borrowing, capital or financing, or loss of use or

productivity, etc.) whether caused by or in relation to breach of

contract, warranty, tort, product liability, contribution or strict

liability, whether arising under this Agreement, at law or in equity.

The above clause does not apply to Howdy’s liability in respect

of:

(a) fraud or wilful misconduct; or

(b) liability for infringement of Intellectual Property Rights.

To the extent permitted by law, Howdy’s aggregate liability for

any claims made under or in connection with this Agreement will

be limited to the Subscription Fee paid by you to Howdy for

access to the App.

Where any statute or law implies warranties or conditions into this

Agreement, which cannot be lawfully modified or excluded under

this Agreement (Non-excludable Condition) then this

Agreement will be read subject to such Non-excludable

Condition. Where such statute or law permits, Howdy limits its

liability to you for breach of such Non-excludable Condition to re-

supplying access to the App or paying for the re-supply.

Each party (Indemnifier) indemnifies the other party against all

liability, loss, cost or damage caused by any of the following:

(a) breach by the Indemnifier of the Agreement;

(b) any claims arising out of or in any way related to an injury to

or death of any person or loss of or damage to any tangible

property arising out of or in any way relating to this

Agreement and caused by the Indemnifier’s act or omissions;

and

(c) any claim by a third party arising out of or in any way related

to the Indemnifier’s wilful, negligent or unlawful act or

omission,

provided however that the Indemnifier’s liability under this clause is

reduced proportionately to the extent that any negligent act or

omission of the other party contributed to the liability.

13. Data

You acknowledge that the Data contains information which is

protected under the Privacy Act 1988 (Cth) as amended from

time to time (Privacy Act).

Howdy agrees to protect and deal with such Data only in

accordance with the Privacy Act and will otherwise treat any Data

in its control in accordance with its privacy policy, which can be

found within the “Settings” tab on the App and on our website at

www.howdyglobal.com.au.

Howdy is not responsible or liable for unauthorised access to the

App including, without limitation, the unauthorised use of the App

or any Data by you or a third party.

14. Intellectual Property Rights

Howdy owns the Intellectual Property Rights in or holds an

exclusive licence to deal in the App, including any developments

or customisation of the App made at your specific request. Where

it holds an exclusive licence, Howdy also holds on trust for the

owner of the Intellectual Property Rights in the App, any rights to

enforce this Agreement for the protection of those Intellectual

Property Rights.

In consideration for your compliance with this Agreement, Howdy

grants you access to and use of the App for the duration of this

Agreement.

You agree:

(a) not to decompile, copy, disassemble, reverse engineer or

otherwise attempt to derive or use the Source Code from

the App or any part of it;

(b) not to copy or engage any third party for the purposes of

copying the functional operation of the App, including

without limitation the “look and feel” of the user interface,

the logical sequence of operations and commands of the

App and its on screen graphic style, colours, and content;

(c) not to sell, rent, lease, licence, display, time share or

otherwise transfer any part of the App to, or permit the use

of any part of the App by, any third party;

(d) to preserve the confidential nature of the Confidential

Information (including Intellectual Property Rights

contained within the App), and to use reasonable care to

prevent the unauthorised use, copying, publication or

dissemination of any part of the App and/or Howdy’s

Confidential Information;

(e) not to alter, enhance, adapt, develop or modify any part of

the App or attempt to do any of those things or procure a

third party to do or attempt to do any of those things;

(f) not to knowingly disclose or grant access to the App or any

part of it to any third party who may, or has the capacity to

contravene sub clauses (a) to (c) above; and

(g) not to permit or allow any third party to do anything which,

if committed by you, would be a breach of any one or more

of the sub clauses (a) to (f) above.

This Agreement does not transfer to you any right, title or interest

in the App, any customisation or development of the App, the

Source Code or any user manuals or collateral or supporting

documentation.

Title to the App and any Intellectual Property Rights existing in

the App (including any modifications, enhancements or

developments made to the App), remains at all times vested in

Howdy.

15. Confidential Information

A party will not, without the prior written approval of the other

party, disclose the other party’s Confidential Information.

A party will not be in breach of this clause in circumstances where

it is legally compelled to disclose the other party’s Confidential

Information.4

Each party will take all reasonable steps to ensure that its

employees and agents, and any sub-contractors engaged for the

purposes of this Agreement, do not make public or disclose the

other party’s Confidential Information.

Notwithstanding any other provision of this clause, a party may

disclose the terms of this Agreement (other than Confidential

Information of a technical nature) to its related companies,

solicitors, auditors, insurers and accountants.

16. Force Majeure

A Force Majeure event means anything outside reasonable

control of a party, including but not limited to:

(a) power, data or communication outages;

(b) acts of God or the public enemy, national emergencies,

radioactive contamination, insurrection, riot, hostile or

warlike action or sabotage;

(c) a transportation embargo;

(d) industrial action (including a picket); and

(e) any legislation or regulation and any action or inaction of any

government or government agency.

If any party is wholly or partially unable to perform its obligations

because of a Force Majeure event except for its obligation to pay

money then:

(a) as soon as reasonably practicable after the Force Majeure

event arises, the party must notify the other party of the

extent to which the notifying party is unable to perform its

obligations, the date of commencement of non-performance

and the means proposed to be adopted to remedy or abate;

and

(b) that party’s obligation to perform will be excused for the

duration and to the extent of the delay arising directly out of

the Force Majeure event of which notice is given under this

clause.

17. Dispute Resolution

In any dispute arising out of or in connection with this Agreement,

both parties agree to first negotiate in good faith with the other

party to resolve it.

If the dispute is not resolved by those negotiations within thirty

(30) days, you agree that the matter may be referred to the

Australian Commercial Dispute Centre Limited (ACDC) for

resolution by mediation and if necessary, by arbitration in

accordance with the Conciliation Rules of the ACDC.

18. Notices

All notices which are required to be given under this Agreement

will be in writing and will be sent to the address of the recipient

as may be set out in a proposal or such other address as the

recipient may designate by notice given in accordance with this

clause. Any notice may be delivered by hand, by pre-paid letter,

facsimile or email. Any such notice will be deemed to have been

served when delivered (if delivered by hand) or 48 hours after

posting (except by pre-paid letter) or on transmission by the

sender (if sent by facsimile) or upon receipt of delivery

confirmation or “read receipt” by the sender (if sent by email).

19. Survival

Clauses 10, 13, 14, 15, 17, 20 and this clause will survive the

termination or expiry of the other provisions of this Agreement.

20. General

This Agreement is governed by and construed in accordance with

the laws of New South Wales, Australia.

This Agreement overrides the provisions of any other

documentation in relation to the App.

Howdy reserves the right to modify this Agreement from time to

time. If Howdy makes any changes to this Agreement, Howdy will

provide you with reasonable notice of the modifications. If you do

not provide notice to terminate before the date the revised

Agreement becomes effective, your continued access to or use

of the App will constitute acceptance of the revised Agreement.

This Agreement supersedes all prior agreements, arrangements

and undertakings between the parties and constitutes the entire

agreement between the parties relating to its subject matter. No

addition to or modification of any provision of this Agreement will

be binding upon the parties unless made by written instrument

signed by a duly authorised representative of both parties.

You must not assign, whether in whole or part, the benefit of this

Agreement or any rights or obligations hereunder, without the

prior written consent of Howdy.

Howdy may assign any rights or benefits under this Agreement

without your prior written consent. You must do all things and sign

all documents to give effect to any assignment by Howdy.

No forbearance, delay or indulgence by a party in enforcing the

provisions of this Agreement will prejudice or restrict the rights of

that party, nor will any waiver of those rights operate as a waiver

of any subsequent breach.

Should any part of this Agreement be or become invalid, that part

will be severed from this Agreement. Such invalidity will not affect

the validity of the remaining provisions of the Agreement.

If you have any questions, complaints or claims with respect to

the App or this Agreement, please contact us at

enquiries@howdyglobal.com.au or through our website at

www.howdyglobal.com.au.

TERMS AND CONDITIONS OF USE: PLEASE READ CAREFULLY

These Terms and Conditions of Use (Agreement) form a legal agreement between you and Howdy Global Pty Limited ACN 672 900 408 of 1356A Paterson Road, Duns Creek NSW 2321 (“Howdy”).

This Agreement may be accepted by doing either one or more of the following:

If you do not agree with these terms, or do not understand any part of this Agreement, then do not access or otherwise use the App.  The App may not be sold, transferred or further distributed except as authorised by Howdy. 

The App may include, be bundled with or require installation of other software programs licensed under different terms and/or licensed by a vendor other than Howdy.  Use of any software programs accompanied by a separate licence agreement is governed by that separate licence agreement.  Any third-party software that may be provided with the App is included for use at your option.  Howdy is not responsible for any third party’s software and shall have no liability for your use of the third-party software.

Where the following words are not already defined in another part of this Agreement:

App means the “Howdy” application developed by Howdy and includes any upgrades of the App issued or made by Howdy from time to time.

Commencement Date means the date of acceptance of this Agreement in accordance with clause 1 above.

Confidential Information means the content of this Agreement, any information of a party which is marked confidential and any information which is by its nature confidential.

Cooling Off Period means the period that is within 24 hours from the time of payment of the Subscription Fee for the first month. 

Data means any information entered into and contained in the App from time to time, which may include your personal or private information.

Intellectual Property Rights means: 

Source Code means computer programs in un-compiled human-readable English language format, which comprise the Software.

Subscription Fee means the subscription fee of $30.80 (including GST) per month payable by you to Howdy for access and use of the App as varied by Howdy from time to time.

Taxes means taxes duties, tariffs, excise and other imposts whether levied by the Commonwealth of Australia or the relevant governing body of any other jurisdiction.

You must register for an account before you are able to access the App. 

You are not authorised to create an account or use the App unless all of the following are true, and by using our App, you represent and warrant that you:

You can create an account by downloading the App through a third party store, such as the Apple App Store or Google Play Store. 

You can create an account by using your Apple ID, Google account, Facebook account or email login details. If you create an account using your Facebook login details, you authorise Howdy to access, display and use certain information from your Facebook account, including but not limited to your public Facebook profile. 

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for the App, and you are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account, please contact us immediately at accounts@howdyglobal.com.au.  

By signing up for a subscription to the App, you agree to pay the Subscription Fee.  

You may pay the Subscription Fee for the App by paying with your credit card, debit card, or PayPal account, which will be processed . You acknowledge and agree to the terms and conditions of service for each provider, which can be found .

First time subscribers are eligible to receive a 7-day free trial (Free Trial Period) to use the App during which you may cancel your subscription at any time without being charged. Howdy will charge the Subscription Fee via your chosen payment method for the first month of the subscription immediately on expiry of the Free Trial Period. If you cancel your subscription after the Free Trial Period, the Subscription Fee for the first month will not be refunded, and your subscription will remain active until the end of that billing period.

Your subscription to the App will continue to automatically renew at the end of each billing period, and your payment method will be charged until you cancel your subscription to the App. 

If you decide to cancel your subscription during the Cooling Off Period, you will receive a full refund of the Subscription Fee for the first month. 

The Subscription Fee is exclusive of all Taxes. If any Taxes are imposed on the Subscription Fee then you will be liable for payment of the Taxes in addition to the Subscription Fee, at the same time and in the same manner as the Subscription Fee.

If you fail to pay any amount owing under this Agreement by the due date, Howdy is at liberty to suspend access to the App immediately until payment has been made in full or the Agreement has been terminated.

This Agreement will commence on the Commencement Date and will continue until terminated in accordance with the terms of this Agreement.  

Your subscription will automatically renew on a monthly basis at which time you will be charged the Subscription Fee.

You can terminate your subscription at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your subscription. Please note that deleting the App from your device will not terminate or cancel your subscription.

Howdy will retain all funds charged to your nominated payment method until you terminate or cancel your subscription on the App. 

If you terminate or cancel your subscription, you will have access to the App for the remainder of the period for which you have paid. You will not receive any pro-rata refund of the Subscription Fee for the remainder of the period for which you have paid.

Without limiting any other provision of this Agreement, Howdy reserves the right to investigate and/or terminate your account without a refund of any Subscription Fees if you have violated this Agreement, misused the App or behaved in a way that Howdy regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

On termination for whatever reason, all your rights to use the App cease.

Howdy is authorised to grant rights in the App as set out in this Agreement. 

Howdy grants you a non-exclusive and non-transferable right to use and access the App in accordance with the terms of this Agreement. 

Subject to you complying with your obligations under this Agreement and in consideration of the payment of Subscription Fee by you, Howdy will allow you to logon to and use the App, as soon as it has been configured for your access.

You must use the App strictly in accordance with the terms of this Agreement. 

You will be responsible for protecting the App from unauthorised access or use to the extent that you must ensure logon details are kept secret and are altered frequently. 

Howdy will otherwise make every effort to safeguard the App from external threats such as hacking and virus. However, you acknowledge that Howdy cannot guarantee the absolute security of the App.

You agree to:

You agree that you will not:

Howdy will collect data (via the App) on the basis of documents and/or information provided by you. Howdy does not (and cannot) verify or warrant the validity or accuracy of such information.

Howdy will monitor the App for any content posted by users which may be in breach of this Agreement. Howdy reserves the right to delete any content (in whole or in part) which in Howdy’s sole opinion violates this Agreement or may harm others and/or the reputation of Howdy.

Although Howdy reserves the right to review and remove content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Howdy cannot guarantee that all content will comply with this Agreement. 

If you see content on the App that violates this Agreement, please report it within the App, our email at enquiries@howdyglobal.com.au or via our website at www.howdyglobal.com.au. 

Howdy continually monitors the App and applies bug fixes as the need arises.  Howdy reserves the right to prioritise such fixes in a way that in Howdy’s reasonable opinion has least impact on the App and all its users. 

Howdy cannot guarantee the App will be available at all times. Howdy may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. 

Howdy reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you.

You agree that Howdy has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in this Agreement will be construed to obligate Howdy to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

All rights title and ownership in the App (including all Intellectual Property Rights contained within the App, but excluding the Data you upload into the App) shall at all times vest with Howdy (including without limitation any modifications or developments made to the App either by Howdy or by you with or without the consent of Howdy).  

Nothing in this Agreement grants you ownership of the App or any other rights in respect of the App other than those expressly granted in clause 7. You must not remove or alter any logo, copyright or other proprietary notices, symbols or labels appearing in any of the user interfaces of the App. 

Risk of use, loss of or damage to the App will pass to you on the Commencement Date.

Except as expressly provided in this Agreement and to the extent permitted by law, liability for all representations and warranties, whether implied, express or otherwise, are excluded.

Except as expressly warranted above, Howdy does not warrant or make any representations:

You are responsible for determining that the App is suitable for your own use or purpose.

You assume all risk for any loss or damage resulting directly or indirectly from your use of or inability to use the App.

To the extent permitted by law Howdy will not be liable to you in respect of any consequential, indirect, exemplary or punitive damage (including, but not limited to, loss of actual or anticipated profits or revenues, loss by reason of shutdown or non-operation, increased cost of borrowing, capital or financing, or loss of use or productivity, etc.) whether caused by or in relation to breach of contract, warranty, tort, product liability, contribution or strict liability, whether arising under this Agreement, at law or in equity.

The above clause does not apply to Howdy’s liability in respect of: 

To the extent permitted by law, Howdy’s aggregate liability for any claims made under or in connection with this Agreement will be limited to the Subscription Fee paid by you to Howdy for access to the App. 

Where any statute or law implies warranties or conditions into this Agreement, which cannot be lawfully modified or excluded under this Agreement (Non-excludable Condition) then this Agreement will be read subject to such Non-excludable Condition.  Where such statute or law permits, Howdy limits its liability to you for breach of such Non-excludable Condition to re-supplying access to the App or paying for the re-supply.

Each party (Indemnifier) indemnifies the other party against all liability, loss, cost or damage caused by any of the following:

provided however that the Indemnifier’s liability under this clause is reduced proportionately to the extent that any negligent act or omission of the other party contributed to the liability.

You acknowledge that the Data contains information which is protected under the Privacy Act 1988 (Cth) as amended from time to time (Privacy Act). 

Howdy agrees to protect and deal with such Data only in accordance with the Privacy Act and will otherwise treat any Data in its control in accordance with its privacy policy, which can be found within the “Settings” tab on the App and on our website at www.howdyglobal.com.au.

Howdy is not responsible or liable for unauthorised access to the App including, without limitation, the unauthorised use of the App or any Data by you or a third party.

Howdy owns the Intellectual Property Rights in or holds an exclusive licence to deal in the App, including any developments or customisation of the App made at your specific request. Where it holds an exclusive licence, Howdy also holds on trust for the owner of the Intellectual Property Rights in the App, any rights to enforce this Agreement for the protection of those Intellectual Property Rights.

In consideration for your compliance with this Agreement, Howdy grants you access to and use of the App for the duration of this Agreement. 

You agree:

This Agreement does not transfer to you any right, title or interest in the App, any customisation or development of the App, the Source Code or any user manuals or collateral or supporting documentation. 

Title to the App and any Intellectual Property Rights existing in the App (including any modifications, enhancements or developments made to the App), remains at all times vested in Howdy. 

A party will not, without the prior written approval of the other party, disclose the other party’s Confidential Information.

A party will not be in breach of this clause in circumstances where it is legally compelled to disclose the other party’s Confidential Information.

Each party will take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this Agreement, do not make public or disclose the other party’s Confidential Information.

Notwithstanding any other provision of this clause, a party may disclose the terms of this Agreement (other than Confidential Information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants.

A Force Majeure event means anything outside reasonable control of a party, including but not limited to:

If any party is wholly or partially unable to perform its obligations because of a Force Majeure event except for its obligation to pay money then:

In any dispute arising out of or in connection with this Agreement, both parties agree to first negotiate in good faith with the other party to resolve it. 

If the dispute is not resolved by those negotiations within thirty (30) days, you agree that the matter may be referred to the Australian Commercial Dispute Centre Limited (ACDC) for resolution by mediation and if necessary, by arbitration in accordance with the Conciliation Rules of the ACDC.

All notices which are required to be given under this Agreement will be in writing and will be sent to the address of the recipient as may be set out in a proposal or such other address as the recipient may designate by notice given in accordance with this clause. Any notice may be delivered by hand, by pre-paid letter, facsimile or email. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (except by pre-paid letter) or on transmission by the sender (if sent by facsimile) or upon receipt of delivery confirmation or “read receipt” by the sender (if sent by email).

Clauses 10, 13, 14, 15, 17, 20 and this clause will survive the termination or expiry of the other provisions of this Agreement.

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia.

This Agreement overrides the provisions of any other documentation in relation to the App. 

Howdy reserves the right to modify this Agreement from time to time. If Howdy makes any changes to this Agreement, Howdy will provide you with reasonable notice of the modifications. If you do not provide notice to terminate before the date the revised Agreement becomes effective, your continued access to or use of the App will constitute acceptance of the revised Agreement.

This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to its subject matter. No addition to or modification of any provision of this Agreement will be binding upon the parties unless made by written instrument signed by a duly authorised representative of both parties.

You must not assign, whether in whole or part, the benefit of this Agreement or any rights or obligations hereunder, without the prior written consent of Howdy.

Howdy may assign any rights or benefits under this Agreement without your prior written consent. You must do all things and sign all documents to give effect to any assignment by Howdy.

No forbearance, delay or indulgence by a party in enforcing the provisions of this Agreement will prejudice or restrict the rights of that party, nor will any waiver of those rights operate as a waiver of any subsequent breach.

Should any part of this Agreement be or become invalid, that part will be severed from this Agreement. Such invalidity will not affect the validity of the remaining provisions of the Agreement.

If you have any questions, complaints or claims with respect to the App or this Agreement, please contact us at enquiries@howdyglobal.com.au or through our website at www.howdyglobal.com.au.