Terms of Service
GREEN MUSIC AUSTRALIA
(ACN 156 610 525)
PARTY WITH THE PLANET “CAMPING BUDDY” APPLICATION
TERMS OF USE
We, Green Music Australia (GMA), operate the Party with the Planet “Camping Buddy” application (the Application) which promotes environmentally sustainable camping at Australian music festivals, through our website at: https://party-with-the-planet.web.app/launch. The Application will enable you to plan and manage your festival campsite in a more environmentally sustainable way. The Application will use the Data you provide to help reduce the environmental impacts of music festivals.
These Terms of Use constitute an agreement between us and you. By using the Application, you are deemed to have read, understood and accepted these Terms of Use[a][b].
We reserve the right to amend these Terms of Use from time to time. We will use our reasonable endeavours to draw your attention to such amendments (for example, by email or placing a notice on our website), however it remains your responsibility to periodically review these Terms of Use. You acknowledge and agree that your continued use of the Application after any changes to these Terms of Use will be deemed by us to be your acceptance of any amendments.
Any questions about these Terms of Use or requests for technical assistance may be sent by email to
1. Application - account
1.1 When using the Application, you may create an account with us by:
1.1.1 providing your email address; and
1.1.2 creating a password that meets our minimum requirements.
1.2 You may also access the Application by creating a “Guest” account with us, in which case you will not need to provide an email address or create a password.
1.3 You acknowledge and agree that:
1.3.1 you are responsible for ensuring all information you provide us is correct and up to date;
1.3.2 you are responsible for the activity that occurs when using the Application or on your account;
1.3.3 you must take all necessary steps to protect your email address, password and account from unauthorised access; and
1.3.4 you will immediately notify us in writing by email at if:
(a) the information you have provided is incorrect, inaccurate or incomplete; or
(b) you become aware of or suspect that your email address, password or account is being used or may have been accessed without your consent.
2. The Application
2.1 The Application allows you to:
2.1.1 create a Camp Group, including the ability to amend, save and return to your Camp Group;
2.1.2 share your Camp Group with other users via a link; and
2.1.3 add users to or remove users from your Camp Group.
2.2 You are responsible for the ongoing management of and access to your Camp Group. You are responsible for ensuring that you only add users to your Camp Group with their consent.
2.3 Where the Application is to be subject to scheduled maintenance, we will use reasonable endeavours to notify you.
3. Conditions and restrictions
3.1. You acknowledge that your continuing access to and use of the Application is subject to you:
3.1.1 being an individual;
3.1.2 being at least 16 years of age;
3.1.3 using the Application for personal and non-commercial use only;
3.1.4 not submitting to us any content, and not using the Application to transmit any material, that is vulgar, obscene, discriminatory, sexist, racist, violent, graphic, contrary to applicable Laws, libellous, tortious, defamatory or invasive of another person’s privacy;
3.1.5 complying with all applicable Laws.
3.2 You warrant that upon accessing and using the Application you will comply with clause 3.1.
4. Account suspension or termination
4.1 You acknowledge and agree that we may monitor your account and activity on the Application from time to time.
4.2 We may at any time suspend or terminate your access to the Application, including if any of the following occurs:
4.2.1 we detect any suspicious activity occurring in relation to your account;
4.2.2 for any reason, as long as we give you at least 14 days’ notice;
4.2.3 you breach these Terms of Use;
4.2.4 we are required to do so to comply with a Law, order or instruction;
4.2.5 if we determine that it is not technically or operationally feasible or commercially viable to continue providing you access to the Application; or
4.2.6 we are required to disable access to the Application for the purpose of carrying out support and/or maintenance.
4.3 Upon termination, we will delete your account with the Application. However, the Data you have provided will remain on the Application’s database.
5. Intellectual Property
5.1 You acknowledge and agree that:
5.1.1 all right, title and interest in and to the Application (including all Intellectual Property Rights) vest in and belong to us;
5.1.2 the rights in the Application are licensed to you on a personal, revocable, non-exclusive and non-commercial basis as set out in these Terms of Use; and
5.1.3 nothing in these Terms of Use should be construed as constituting an assignment of the Intellectual Property Rights or other rights in the Application to you.
6. Warranties and liability
6.1 To the extent permitted by law, you acknowledge and agree that we do not make any warranties, representations or guarantees as to:
6.1.1 the access to or use of the Application being as intended, uninterrupted, timely, secure, error-free or continuing for any period of time;
6.1.2 the availability of access to or use of the Application in respect of specific geographical areas;
6.1.3 the ability of the Application to operate with any other hardware, software, system or data; and
6.1.4 all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Application or otherwise in connection with these Terms of Use are expressly excluded.
6.2 We will not be liable for any loss or damage (including indirect or consequential loss) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use of the Application, or the sharing of your Data with third parties.
6.3 To the extent that we cannot lawfully exclude our liability to you, then to the maximum extent permitted by Law, we limit our liability to you to the cost of resupplying the services to you as contemplated under these Terms of Use.
6.4 Nothing in these Terms of Use excludes, restricts or modifies any rights that you may have under existing Laws, including the Australian Consumer Law.
7. Privacy and data security
7.1 You acknowledge that when you use the Application, we may collect your personal information including your email address and name if you provide it.
7.2 We will only use your personal information for the following purposes:
7.2.1 enabling you to have access to the Application;
7.2.2 contacting you about your account; and
7.2.3 for marketing purposes, which you may opt out of at any time by unsubscribing.
7.3 If you have questions about personal information or privacy, including removing personal information, you may contact [email protected].
7.4 We may from time to time use third party vendors and hosting partners to provide the necessary hardware, networking, storage, software and related technology required to operate the Application. The technical processing and transmission of the Application, including your Data, may be transferred or stored in an unencrypted state and involve transmissions over various private networks.
7.5 We are not responsible for any unauthorised access or data breach which occurs in relation to your Data that may be stored on a third party server.
8. Use of Data in research project
8.1 You acknowledge that your Data will be used in a research project conducted by Queensland University of Technology (QUT) and us. Information regarding the research project is accessible at: https://party-with-the-planet.web.app/info.
8.2 We will only use Data under this clause 8 if it has be de-identified or aggregated.
8.3 You authorise us to de-identify and aggregate your Data, store your Data on our database, produce reports using your Data and undertake analytics using your Data.
8.4 We may disclose the Data to third parties, including but not limited to QUT and music festival operators.
8.5 The Data you provide may be used in reports, information or materials made publicly available by us, QUT or any other third party.
9. Third party content
9.1 Certain content and information available via the Application may include materials from third parties.
9.2 Third party links on the Application may direct you to a third party. We are not responsible for examining or evaluating the content, accuracy reliability or availability of such websites and we do not warrant and will not have any liability or responsibility for any third party videos, materials or websites, or for any other materials, products, or services of third parties.
9.3 We are not liable for any harm or damages related to the purchase or use of goods, services, content, or any reliance on any information contained in 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.
10. General
10.1 These Terms of Use constitute the entire agreement with respect to your access to and use of the Application.
10.2 If any information given to you by our personnel is inconsistent with these Terms of Use, these Terms of Use prevail.
10.3 We may send you notices electronically by email to the email address listed as you provided when you created your account. You must notify us promptly of any change to your email address. You may opt out of receiving email communications from us at any time by unsubscribing.
10.4 We will try to resolve any disagreements quickly and efficiently. If you are not satisfied with the way we deal with any disagreement and you want to start court proceedings, the laws of the state of Victoria, Australia apply to these Terms of Use and you may only pursue a legal action or proceeding in relation to the Application in Victoria, Australia.
10.5 The rights conferred on you under these Terms of Use are personal to you and cannot be assigned or novated to another party except with our prior written consent.
10.6 Clauses 4, 5, 6, 7, 8, 9, this clause 10.6 and any associated definitions survive the termination or expiry of these Terms of Use.
11. Definitions
In these Terms of Use:
11.1 Application means the Party with the Planet “Camping Buddy” (available at: https://party-with-the-planet.web.app/launch) and includes the services made available to users, including the ability to create, store and share a Camp Group, more particularly described in clause 2;
11.2 Camp Group means the online profile and interface that users create through the Application and includes the camp group and camp supplies list;
11.3 Data means information you provide in connection with your use of the Application, including the information that you input into your Camp Group, which is de-identified and aggregated;
11.4 Intellectual Property Rights means any copyright, trade mark (whether registered or unregistered), design, patent, trade, business or company names, other proprietary rights and rights to the registration of any of the foregoing existing anywhere in the world and existing before, on or after the commencement of these Terms of Use;
11.5 Laws means all relevant Australian state, territory and Commonwealth laws and regulations;
11.6 Terms of Use means these terms of use as varied from time to time, including any schedules and annexures;
11.7 Green Music Australia, we, us, our means Green Music Australia (ACN 156 610 525; ABN 85 626 986 409) and includes any assignee; and
11.8 You, your means the person who is recorded as the account holder of the Application.