DRAFT: for legal review before launch. Placeholders in [square brackets] must be completed by the operator.
These terms are an agreement between you and Disputex Pty Ltd, ABN 81 699 300 260 ("we", "us", "Couch Call"). They cover the Couch Call website, web app and any mobile app (together, the "Service"). By creating an account or using the Service you agree to them. If you don't agree, please don't use the Service.
The short version: Couch Call is free. You must be 18 or over. You predict what happens on reality TV and earn points for being right. Points have no cash value. We fund a small number of gift card vouchers you can redeem with points, within limits. Be kind in the episode rooms.
1. Who can use Couch Call
- You must be 18 years or older. We ask you to confirm this when you sign up and we record when you did. If we learn an account belongs to someone under 18, we delete it.
- One account per person. You're responsible for keeping access to your email account secure, because that's how you sign in.
- Rewards are available to Australian residents only (see the Rewards Rules). Anyone 18+ may play.
2. Free to play
- Couch Call is free to play. No purchase is necessary, ever.
- We don't take payments of any kind: no subscriptions, paid tiers, in-app purchases, tips or paid boosts.
- Nothing you do in the Service involves paying money or anything of value to enter or play.
3. Points
- You earn points only for correct predictions and for streaks of correct predictions. The scoring rules are set out in the Rewards Rules.
- Scoring is skill-based only. There is no element of chance in how points are awarded: no random draws, lucky dips, loot boxes or spinning wheels.
- Points have no cash value. They can't be bought, sold, transferred, exchanged for cash or passed to another account, and they aren't your property.
- We may adjust points to correct scoring errors (for example, if a result was entered incorrectly) or where points were earned through misuse, cheating, multiple accounts or a breach of these terms.
4. Rewards
- Some gift card vouchers, funded by us, can be redeemed with points. Rewards are subject to availability, are limited by per-season caps (currently 1 redemption per person per season) and pass anti-fraud checks before they're sent.
- To redeem, your account must be at least 7 days old and you must have played at least 3 scored episodes in a live season. Only one account per person or device may redeem in a season.
- Full details are in the Rewards Rules, which form part of these terms.
Apple is not a sponsor of, and is not involved in, any contest, reward or promotion in this app.
Google is not a sponsor of, and is not involved in, any contest, reward or promotion in this app.
5. No affiliation with any show
Couch Call is an independent fan experience. It is not affiliated with, endorsed by, or sponsored by any broadcaster, network, streaming service, production company or contestant. Show names and formats are used descriptively only, to identify what you're predicting about. We don't use logos, stills or contestant photos, and all trademarks belong to their owners.
6. Your content and how you behave
- "Your content" means anything you post, such as chat messages. You keep ownership of it. (Your username is generated for you when you sign up.)
- You give us a worldwide, non-exclusive, royalty-free licence to host, store, display, moderate and remove your content so we can run the Service. Chat messages are deleted automatically 48 hours after an episode room opens.
- You're responsible for what you post. Follow the Community Guidelines. In particular, don't post:
- slurs, harassment, bullying or threats
- sexual content about contestants
- comments on anyone's body, weight, mental health, family, sexuality or substance use
- allegations of crimes or misconduct against real people
- anyone's personal details (addresses, phone numbers, workplaces or social media handles)
- spam, links or promotions
- We have zero tolerance for objectionable content and abusive users. Every message is checked before it's shown. You can report any message, and block any player, at any time.
7. Removing content and suspending accounts
We may remove or hold any content, limit features (for example, chat cooldowns), or suspend or close an account, with or without notice, if we reasonably believe it breaches these terms or the Community Guidelines, puts others at risk, or is needed to comply with the law. We act on reports, normally within 24 hours.
8. Deleting your account
You can delete your account at any time in the app, under You › Delete account (/settings/delete). Deletion is immediate: it signs you out everywhere, removes your profile, predictions, points and messages, and cancels any unredeemed points. Some limited records may be kept where the law requires it (see the Privacy Policy).
9. The Service
We work hard to keep Couch Call running, accurate and fun, but it's provided "as is". Episode schedules, questions and results can change. We may change, pause or stop parts of the Service, and we may update these terms. If we make a material change we'll tell you in the app and ask you to accept the new version before you continue.
10. Australian Consumer Law and liability
Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.
Subject to that, and to the extent the law allows:
- we're not liable for any indirect or consequential loss, or for loss of data, points or rewards caused by events outside our reasonable control; and
- where our liability for a failure to comply with a consumer guarantee can lawfully be limited, it is limited to supplying the service again or paying the cost of having it supplied again.
11. App store terms (EULA)
If you use Couch Call through an app downloaded from the Apple App Store or Google Play:
- This agreement is between you and Disputex Pty Ltd only, not Apple or Google. We, not Apple or Google, are solely responsible for the app and its content.
- Your licence to use the app is limited, non-transferable, and only on Apple-branded products you own or control as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (or the equivalent Google Play terms).
- Apple has no obligation whatsoever to provide any maintenance or support services for the app.
- To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any; the app is free). Any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are our responsibility, not Apple's.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- If a third party claims that the app or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
- You confirm that you're not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you're not on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms (for example, your mobile carrier's) when using the app.
- Apple and its subsidiaries are third-party beneficiaries of this agreement, and on your acceptance Apple will have the right (and is deemed to have accepted the right) to enforce it against you as a third-party beneficiary.
- Questions, complaints or claims about the app go to us (see Contact below).
12. Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.
13. Contact
Disputex Pty Ltd, ABN 81 699 300 260
[STREET ADDRESS], [SUBURB] NSW [POSTCODE], Australia
Email: support@couchcall.com.au · Support: /support