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Terms and Conditions

  

Disclosures  

By accepting these Terms, you agree that:  

1. Our liability for any Liability will be limited to us resupplying the Platform to you, or to us repaying you the fees paid by you 

2. We exclude our liability for any Liability for: (i) any error in the Platform, including interruptions or downtime to the Platform; (ii) the Platform not being suitable for you; (iii) any external site accessed via the Platform; or (iv) consequential loss   

3. Subject to your consumer law rights, you must indemnify us against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms, including our Privacy Policy and our COVID-19 Misinformation Policy or any applicable laws by you 

4. At any time, we may discontinue the Platform or exclude any person from the Platform, for which we will not be responsible for any loss or damage.  

5. You must be 16 years and older to use the Platform. If you are under 18 years old, you represent and warrant that you have verified permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms and Conditions on your behalf. 

6. You are not a convicted sex offender. 

The laws of Victoria, Australia, govern your use of our Platform and these Terms.  

Nothing in these Terms limits your rights under the Australian Consumer Law.   

Welcome  

Welcome to Glimmer, a social media platform promoting sustainability and well-being for a better, more resilient future! We are a positive and inclusive community of Well-wishers and organisations connecting people to share kindness and helpful, uplifting content to make a positive difference in the lives of others.  

Glimmer strives to raise awareness of our shared social and environmental responsibilities and how to live more sustainably to help people and our planet thrive.  

We are on a mission to do good and contribute to the greater good together. With a zero-tolerance policy against hate speech and toxic behaviour, we aim to build a safer, kinder world.  

Before you begin using Glimmer, we would like you to read our Terms and Conditions to ensure that you are informed of the appropriate use of our Platform. 

Acceptance and Our Services 

We provide the Glimmer Platform; you must accept these terms and conditions to use it. 

1. We provide and operate the Glimmer Platform where Well-wishers and businesses can connect and communicate with others in a positive, empowering, and encouraging way. Users can choose to use the Platform as a Well-wisher or a business. 

2. Our Services include: 

• Social networking 
• App-to-app communications via Chat 
• Social and Environmental Sustainability accounts for businesses and organisations (SES) 
• Accounts for news media and publications companies (MediaPub) 

3. Our Services are not intended to be and should not be used as a dating or relationship services platform. By accepting these terms and conditions, you agree that your Content and your Account will comply with our Content Guidelines (clause 12) and that you will not engage in any Prohibited Conduct (clause 11). 

4. You must be 16 years or older to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms and Conditions on your behalf. 

5. You accept these Terms by using or browsing the Platform, downloading one of our mobile applications or by creating an Account. 

6. If you access or download our mobile application from: 

• the Apple App Store, you agree to any Usage Rules outlined in the App Store Terms of Service or 
• the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions, including the Google Apps Terms of Service. 

7. If you are using the Platform on behalf of a business entity (who may be your employer), you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms. 

8. We reserve the right, and the sole and absolute discretion, to amend its Terms and Privacy Policy from time to time for which you will be notified. You agree that your continued use of our Services after any such amendment to the Terms and Privacy Policy will be taken as your acceptance of the terms of the amended Terms and Privacy Policy. 

Definitions 

Here are some words which have special meanings in these Terms 

Account:  This means your account as a user of our Platform. 

Content: The text, photos, videos, and other material users share or upload on our Platform. 

SES Account:  An SES (Social and Environmental Sustainability) Account is a Business Account for businesses, organisations, charities, NGOs, etc, that participate in posting promoted content. 

Glowboard: Glowboard content appears directly in the Glimmer feed of Well-Wishers.  These are promoted posts and presented in a few different layouts in the form of text, a single image, video, and carousel images and/videos, which also contain a link to a different landing page. 

Glowing: On the Glimmer Platform, the word Glowing means ‘Trending’, similar to its use on general digital platforms. It is a post, comment or topic that becomes popular through increased in-app interactions and mentioned at a higher rate than others. 

Glows: Reactions—Glimmer Reactions are a group of icon expressions that allow Well-wishers and SES account holders to express themselves through a quick response to a post.  Tap and hold the Love (heart) icon to reveal the reaction options for Thank you, Celebrate and Inspired. 

MediaPub Account: A MediaPub (News Media and Publications Companies) account is a business account that participates in posting news articles, topical issues and promoted content. 

Our Content:  Includes all of the materials we make available on our Platform, including all information we make available on our ‘Glowboard’. 

Our Services: Social media and networking, app-to-app communication via chat, SES accounts, and MediaPub accounts, as described on the Platform. 

Platform or Glimmer Platform:  This refers to our digital platform, which may be available through our mobile applications (on both the Apple App Store and the Google Play Store), our desktop application or other channels. 

Subscription: A subscription in Glimmer is a paid-in-advance Business Account (either SES or MediaPub) that provides the account holder specific business features set out on the Platform. 

Subscription Fee: The fee paid by businesses or organisations for their Subscription. 

Terms: These terms and conditions, including any policies or other terms set out on the Platform. 

Us (we or our) or Glimmer: Glimmer World Pty Ltd ABN 44 645 962 036. 

Well-wisher: We refer to a user of our app as a Well-wisher, which means a person who wishes well for another person or cause. 

You:  This refers to (as applicable) either the Well-wisher, business, or organisation using the Platform. 

You must create an Account to use our Platform 

Registration 

Well-wisher Account: 

1. You must register on the Platform to successfully create a Well-wisher Account. You are required to provide basic information when registering for an Account, including your email address, location, date of birth, phone number, and interests, and you must choose a strong password. 

2. A verification code will be sent to your email address to verify that you are registering an Account on our platform. 

3. Once you have successfully registered for an Account, your Account information will be used to create a profile, which you may then update by adding your username, business or organisation name (if relevant), and a profile photo. 

4. You agree to provide accurate, current, and complete information during the registration process and on your profile to ensure that this information is kept up-to-date and complete. 

Business Accounts: 

A business account that includes businesses, organisations, NGOs, charities, governmental organisations, not-for-profits, for-purpose organisations, media, publications companies, etc. 

To register as a Business Account, you will first successfully register a Well-wisher Account.  

Security 

We have several security measures to protect our users 

Personal Accounts: 

1. Your Account is personal, and you must not transfer it to any other person or business unless you obtain Glimmer’s written permission. This is to ensure your security. 

2. You are responsible for keeping your Account details and password confidential and will be liable for all activity on your Account, including payments made using your Account details. You agree to notify us of any unauthorised use of your Account immediately. 

3. Your phone number will reduce fake accounts on our platform and hold you responsible for all content uploaded and shared. 

4. At our sole discretion, we may refuse to allow any person, business, or organisation to register or create an Account. 

Business Accounts: 

1. To register as a business or organisation, we will review your request for an account before approving it. We may use a third-party service to confirm the existence of your business or organisation before approving your account. Any verification of a business or organisation is not an endorsement or recommendation of that business or organisation. Business Accounts are denoted by a green semi-circular design with a leaf (or similar) to differentiate them from Well-wishers. 

2. Business account holders have a unique opportunity to showcase their green credentials and social and environmental initiatives that strive to improve the health and well-being of people and our planet. All businesses must comply with sustainability and greenwashing guidelines. 

3. Making environmental claims: A guide for business. This guidance explains the obligations under the Australian Consumer Law which businesses must comply with when making environmental and sustainability claims. It sets out what the ACCC considers to be misleading conduct and good practice when making such claims, to help businesses provide clear, accurate and trustworthy information to consumers about the environmental performance of their business and avoid greenwashing. https://www.accc.gov.au/about-us/publications/making-environmental-claims-a-guide-for-business 

4. Stopping greenwashing: how the EU regulates green claims https://www.europarl.europa.eu/topics/en/article/20240111STO16722/stopping-greenwashing-how-the-eu-regulates-green-claims 

5. Greenwashing: how EU firms can validate their green claims https://www.europarl.europa.eu/news/en/press-room/20240212IPR17624/greenwashing-how-eu-firms-can-validate-their-green-claims 

6. As a Business Account holder, you may nominate up to two administrators from your business or organisation who will be permitted to use your Account login details. Your administrators may contact us at [email protected] to change the administrators. 

7. At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms. This includes non-compliance, greenwashing, or non-payment of our Subscription Fees, any applicable laws, regulations, or third-party rights, or where you are a registered sex offender, or on our own assessment of suitability to have an account on this Platform. 

Subscription Fees (applicable only for Businesses and Organisations) 

Businesses must pay a Subscription Fee to use the Platform 

1. Our Subscription may begin with a free trial. The free trial period of the Subscription is 15 days or as otherwise set out on the Platform. We determine free trial eligibility at our sole discretion, and we may limit eligibility to prevent free trial abuse. Any unused free trial period will be forfeited once a Subscription is purchased. 

2. To create an Account, businesses and organisations must purchase a subscription with the inclusions set out on the Platform. 

3. You must pay the Subscription Fee for each monthly or yearly (depending on the option you choose) billing cycle via the payment method set out on the Platform, which may include a third-party payment processor. The Subscription Fee will be automatically debited monthly or yearly (depending on the option you choose) in advance on the billing date set out on the Platform. The direct debit arrangement may be subject to additional terms and conditions from third-party payment processors, as set out on the Platform. 

4. To the maximum extent permitted by law, and subject to your Statutory Rights, the Subscription Fee is non-refundable. Your subscription will automatically renew monthly or yearly (depending on the option you choose) unless you cancel it. You can read more about our cancellation policy below. 

5. The Subscription Fee includes Australian GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf. 

6. We may modify the Subscription Fee occasionally and will give you notice should this occur. The updated Subscription Fee will apply to the next Billing Date after you have been notified of the change. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your subscription per the cancellation clause below. 

Cancelling your Subscription 

You can cancel your Subscription at any time 

1. As a Business or Organisation, you may cancel your Subscription at any time in your Account settings. Your access to the Platform as a Business or Organisation will end on the next Billing Date. You will still be able to use the free features of the Platform. 

2. To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation for any unused portion of your billing period. Where you have cancelled your Subscription due to change of mind or other circumstances, we do not provide refunds of the Subscription Fee. We do not allow a subscription to be paused or reassigned to another Business Account. 

Communication 

We provide a number of ways to communicate using the Platform 

1. We may contact you via the Platform using in-Account notifications or via email. 

2. We encourage positive communication between all users. Well-wishers can post content on the platform and share, react to, or comment on posts and Glowboards. 

3. Well-wishers can seamlessly communicate via the platform’s chat feature. 

Privacy 

You share your personal information at your own risk 

1. Glimmer cares about your privacy. The integrity and security of your personal information is important to us. Whilst we make every endeavour to provide the most sophisticated security on our platform, online security measures can never be guaranteed. This means that we cannot guarantee the security of your Personal Information. You acknowledge that you provide your personal information at your own risk. 

2. All chat communication is encrypted. This means that your personal communication with the intended person stays private and secure.  

 

Data Privacy 

We collect and disclose personal information for a number of reasons set out in our Privacy Policy

1. We collect personal information about you in order to enable you to access and use the Platform, contact and communicate with you, respond to your enquiries, and for other purposes set out in our Privacy Policy. 

2. We may disclose that information: 

• to other users of the Platform where you disclose that information to another user or where you make that information publicly available; 

• to third-party service providers who help us deliver our Services (including information technology service providers, data storage, webhosting and server providers, professional advisors and third-party payment processors and our business partners); or 

• as required by law. 

3. If you do not provide this information, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located or who store data outside Australia. 

4. Our Privacy Policy contains further information about: 

• how we store and use your personal information; 
• how you can access and seek correction of your personal information; 
• how you can make a privacy-related complaint; and 
• our complaint handling process. 

Content Monitoring 

The content you upload to the Platform is monitored 

1. We aim to be completely transparent about how we may monitor the Content you post, share, or otherwise upload on the Platform. Your content is monitored in two ways; automated content monitoring and human moderation. While we use our best endeavours to ensure that all content is monitored thoroughly and all facts are checked, such monitoring and checking is undertaken by a third-party service. Therefore, we cannot ultimately ensure that any content you view on the Platform is true, positive, constructive, and accurate. 

2. If, while using the Platform, you come across content that you believe does not align with our ethos, please let us know and, where possible, we will remove any content that is inappropriate at the soonest. Reporting and flagging any content that is in breach of our terms and conditions via the Report button or emailing us at [email protected] is important. However, if you feel that Glimmer has not dealt with inappropriate content in a timely manner, you are welcome to contact the Office of the eSafety Commissioner website at https://esafety.gov.au. You can access the latest information, help on cybersecurity and safety, and other important resources on this website for you or anyone who may require more digital safety information. 

Prohibited Conduct 

We have specific rules about the way you can use the Platform to foster a safe and inclusive environment 

1. Glimmer is a repository for all things good! It is important to us that everyone on our Platform looks after each other so that we can foster a safe, respectful, positive, and inclusive environment. You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including: 

• anything that would constitute a breach of an individual’s privacy (including doxing, uploading private or personal information without an individual’s consent) or any other legal rights; 

• using our Platform to defame, harass, threaten, menace, stalk, or offend any person; 

• interfering with any user using our Platform; including using hate speech or bullying behaviours 

• tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; 

• anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; 

• using our Platform to send unsolicited email messages or any other form of communication that violates our guidelines and a law; 

• sharing or uploading files that contain an infection or virus; 

• facilitating or assisting a third party to do any of the above acts; 

• uploading and sharing of any content that is directly or indirectly in competition with our Services; 

• using our Platform as a dating or relationship services; or 

• uploading and sharing any content containing brand names, company names, or registered trademarks or words promoting political and/or religious issues. 

Your Content 

We have specific rules about the types of content you can share on the Platform 

1. We empower and encourage people to find the good in everyday interactions and share these experiences wholeheartedly. You can post, upload, publish, submit, or transmit information and content on our Platform. By making any content available on or through our Platform, you grant us a perpetual, non-exclusive, royalty-free licence to use this content, with the right to use, view, copy, and modify such content on, through or by means of our Platform. 

2. You agree that you are solely responsible for all content that you make available on or through our Platform. You represent and warrant that: 

• you are either the sole and exclusive owner of all content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such content as contemplated by these Terms; 

• your content will not be obscene, explicit, illegal, defamatory, offensive, threatening, or otherwise harmful to any person; 

• your content will not contain violence or depictions of violence (including graphical or animated violence, and including sexual violence); 

• your content will not involve nudity or partial nudity; 

• your content will not contain signs, gestures, or actions (including via emoticons, videos, sounds or GIFs) that are discriminatory, racially vilifying, intimidating, inciteful, hateful, vulgar, obscene, pornographic or sexually suggestive; 

• your content will not contain profanity, abuse or aggressive language, whether in English or in any other language; 

• your content will not contain the personal contact details or confidential information of you or any person; 

• your content will not contain any form of advertising, including any advertising that is unsuitable for minors, including tobacco, vaping, e-cigarettes, diet-related advertising, or alcohol advertising; 

• your content is factual and will not contain any misleading or deceptive material, or otherwise be in breach of the Australian Consumer Law; 

• your content will not contain any website links or URLs, include those that show content that would contravene these Terms; and 

• neither the content nor the posting, uploading, publication, submission, or transmission of the content or our use of the content on, through or by means of our Platform will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

3. You may, at any time, edit your profile, delete, or edit posts, or any other content that you publish to the Platform. 

Intellectual property rights 

We grant you a licence to use the Platform and you must not breach our intellectual property rights 

1. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent. 

2. Unless otherwise indicated, we own or license all rights, title, and interest (including intellectual property rights) in our Platform and all of Our Content. Your use of our Platform and your use of and access to any of Our Content does not grant or transfer to you any rights, title, or interest in relation to our Platform or Our Content. 

3. We aggressively enforce our intellectual property rights to the fullest extent of the law. Our names and logos, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Platform, without our prior written permission. Fair use of our intellectual property requires proper acknowledgment. Other product and company names mentioned in our Platform may be the intellectual property of their respective owners. 

4. You must not, without the prior written consent of ourselves or the owner of the content (as applicable): 

• copy or use, in whole or in part, any of Our Content; 

• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Content to any third party; or 

• breach any intellectual property rights connected with our Platform, including by: 
• altering or modifying any of Our Content; 
• causing any of Our Content to be framed or embedded in another website; or 
• creating derivative works from Our Content. 

Consumer Guarantees 

Nothing in these Terms aims to contradict any of your rights under the Australian Consumer Law 

1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to the provision of our Services, which cannot be excluded, restricted, or modified (Statutory Rights). 

2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

Notice regarding Apple (required by Apple) 

Apple is not responsible for our Platform 

1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform. 

2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. 

3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility. 

4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: 

• product liability claims; 
• any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and 
• claims arising under consumer protection or similar legislation. 

5. Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 

6. You agree to comply with any applicable third-party terms when using our mobile application. 

7. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. 

8. You hereby represent and warrant that: 

• you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and 

• you are not listed on any U.S. Government list of prohibited or restricted parties. 

Liability 

We are not responsible for anything outside of our control 

1. In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent and whether involving a third party or a party to these Terms or otherwise. 

2. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: 

• your acts or omissions; 

• any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; 
• any works, services, goods, materials or items which do not form part of the Platform; 

• any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; 

• the Platform being unavailable, or any delay in us providing our Services to you, for whatever reason; 

• any aspect of your interaction with any other user; 

• any event outside of our reasonable control; and/or 

• the actions, non-performance or other activities of any external website or landing page accessed through a link within Glimmer. 

3. This clause will survive the termination or expiry of these Terms. 

Limitations on Liability 

Our liability is limited 

1. Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, 

• our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates or if no Subscription Fee was paid, $1; and 

• we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data. 

2. This clause will survive the termination or expiry of these Terms. 

Warranties, disclaimers, and Indemnities 

You must make some promises to use our Platform, including that you agree to put us back in our original position, and not hold us responsible, if we suffer loss resulting from your use of the Platform or breach of these Terms. To use our platform, you need to make some promises. One of them is that if your use of the platform or breaking any rules causes us to lose money, you agree to fix things and not blame us for it. 

1. You represent, warrant, and agree: 

• that you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; 

• that these Terms constitute a legal, valid, and binding agreement, enforceable in accordance with its terms; and 

• to provide all assistance, information, and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Platform will be true, accurate and complete, including your profile name and that you will not make a false identity on the Platform. 

2. You acknowledge and agree that: 

• you use the Platform at your own risk; and 

• the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third-Party Inputs). Despite anything to the contrary, the maximum extent permitted by law, we will not be responsible. We will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third-Party Inputs. 

3. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact, or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms. 

4. Indemnity: To the maximum extent permitted by law, you indemnify us, and hold us harmless against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. 

5. This clause will survive the termination or expiry of these Terms. 

Termination 

We can terminate our relationship with you 

1. At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms. This includes non-payment of our Subscription Fees, any applicable laws, regulations, or third-party rights, or where you are a registered sex offender, or on our own assessment of suitability to have an account on this Platform. On termination of these Terms (or if you cancel your Account), other Well-wishers may still be able to re-share your content that you made public. 

General 

1. Third-party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites. 

2. Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion. 

3. Competitors: You are prohibited from using our Platform, including Our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use. 

4. Complaints: If you wish to make a complaint about another user, please contact us using the details below or via the Report button on the app and provide us with full details of the complaint. We will promptly investigate your complaint and write to you, setting out the outcome of our investigation and the steps we will take in response to your complaint. 

5. Information: All content on our Platform is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives, or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the content, we make no representation or warranty regarding it, to the extent permitted by law. The content is subject to change without notice. However, whilst we endeavour to keep our platform up to date, we cannot be held liable if any content is inaccurate or outdated. 

6. Feedback: If you provide us with any idea, suggestion, recommendation, or request in connection with the Services (Feedback), you agree that we own such Feedback and that we may use the Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback. 

7. Assignment: You may not assign, transfer, or delegate your rights and obligations under the Terms without our prior written consent. We may, without restriction, assign, transfer, or delegate our rights and obligations under these Terms with 30 days’ prior notice. 

8. Severance: The provisions of these Terms are severable, and if any provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 

9. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days of receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. 

10. Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

 

Emergency Services 

Do not use the Platform to call emergency services

1. Please note that there is NO ACCESS to emergency services (e.g., Police, Fire, Ambulance) through our in-app communication services. Glimmer is not a replacement for a fixed-line telephone or your ordinary mobile. You will be unable to make emergency calls to emergency services from the Glimmer app. Should you be required to make emergency calls, you must make alternative communication arrangements to ensure that you can make emergency calls. 

For any questions and notices, please contact us at: 

Glimmer World Pty Ltd ABN 44 645 962 036 

Email: [email protected] 

Last update: 24 June 2024