1.2 Wapped Pty Ltd is committed to providing the User with the best possible customer service
experience. Wapped Pty Ltd is bound by the Privacy Act 1988 (Cth), which sets out a
number of principles concerning the privacy of individuals.
2 Collection of your Personal Information
2.1 There are many aspects of the App which can be used without providing personal
information, however, for access to future Wapped Pty Ltd customer support features you
are required to submit personally identifiable information. This may include but not limited
to a unique username and password, or provide sensitive information in the recovery of
3 Sharing of your Personal Information
3.1 We may occasionally hire other companies to provide services on our behalf, including but
not limited to handling customer support enquiries, processing transactions or providing
technical support. Those companies will be permitted to obtain only the personal
information they need to deliver the service. Wapped Pty Ltd takes reasonable steps to
ensure that these organisations are bound by confidentiality and privacy obligations in
relation to the protection of your personal information.
4.1 For each User of the App, we collect the following non-personally identifiable information,
including but not limited to email address, full name, gender, location etc. This collected
information is used solely internally for the purpose of gauging visitor traffic; trends and
delivering personalized content to the User while you they are using the App.
4.2 The User agrees that Wapped Pty Ltd may use their email address to send the User emails
and communications regarding their account and/or regarding any products or services
4.3 From time to time, we may use User information for new, unanticipated uses not
in the future we will use for these new purposes only, data collected from the time of the
5.1 The User’s Personal Information is stored in a manner that reasonably protects it from
misuse and loss and from unauthorised access, modification or disclosure.
5.2 When Personal Information is no longer needed for the purpose for which it was obtained,
we will take reasonable steps to destroy or permanently de-identify the User’s Personal
Information. However, most of the Personal Information is or will be stored in client files,
which will be kept by us for a minimum of 7 years.
7 Accessing Your Personal Information
7.1 The User has the right to access their personal information, subject to exceptions allowed
by law. If the User would like to do so, they should contact Wapped Pty Ltd though the
avenues outlined herein. The User may be required to put their request in writing for
security reasons. Wapped Pty Ltd reserves the right to charge a fee for searching for, and
providing access to, a User’s information on a per request basis.
8 Privacy Policies of Third Party Websites
User. Other websites that may be accessible through the Site have their own privacy
policies and data collection, use and disclosure practices. If the User follows links to any
responsible for the policies or practices of third parties.
any of the following means during business hours Monday to Friday.
1.1 By accessing the Train Social Application (“the App”) through any mobile device, the
1.2 Users should also ensure that they have read and understood the Train Social Privacy
1.3 By accessing the App, the User acknowledges that they have entered into a contract
1.5 If the User wishes to withdraw from the contract they must cease using the App and
1.6 Wapped Pty Ltd, the owner and operator of Train Social, can be contacted in any of the
2 Eligibility and Termination
2.1 By downloading and accessing the App, the User warrants that they have the capacity,
accessing the App, whether they have created an account or not.
Policy, which may be accessed through the App.
the app and should not use it. terminate their account.
By Email: firstname.lastname@example.org
electronically. be deemed to take effect from the time upon which they are posted in the App.
Any User must be a minimum of 13 years of age.
account and deletes the App from any mobile device in their ownership or control. The
User may close their account at any time for any reason through the App. Upon closure
which necessarily expire or become redundant as a result of the User’s closure of their
3 Non-Commercial Use
3.1 The App is for personal use only by Users and must not be used by any User for any
4 Account Security
4.1 The User is responsible for maintaining the confidentiality of their username and
commercial or other purpose that is not personal in nature.
password for the App, as well as for all activities conducted on that User’s account. The
User is to immediately notify Wapped Pty Ltd of any breach of their account at
5 Conduct on the App and Interaction with other Users
5.1 Wapped Pty Ltd does not conduct any criminal background checks or other screening of
its Users, nor does it attempt to verify the accuracy of any information or details they
display or convey on their accounts. Wapped Pty Ltd makes no representations and
grants no warranties in relation to the conduct of any User.
5.2 Wapped Pty Ltd reserves the right to conduct criminal background or other screening
5.3 The User is solely responsible for their interactions with other Users and indemnifies
checks on any User at any time using information or search services available to the
public and corporations.
Wapped Pty Ltd from any liability whatsoever for any loss or damages, or claim for
damages, whether at common law or in equity, arising out of the User’s interaction with
any other User on the App, or their use of the App generally.
6 Copyright and Proprietary Information
6.1 Wapped Pty Ltd owns and retains all copyright and proprietary right for all information
and any applicable legislation or common law from copying, modifying, transmitting,
making use of, reproducing or creating amended versions of any of the content
contained within this App without the prior written consent of Wapped Pty Ltd.
7 User-Posted Content and Prohibited Content
7.1 The User is solely responsible for any data in any form that they publish, upload,
7.2 The User must not post or transmit any content in any form to the App that is offensive,
7.3 The User warrants that by posting or transmitting any content to the App that they are
7.4 Wapped Pty Ltd may review and delete any content that the User posts or transmits on
7.5 By posting or transmitting content on the App the User grants Wapped Pty Ltd, its
7.6 The User’s use of the App must comply with all applicable legislation, including any
7.7 The User also agrees that any content they post may be viewed by other Users of the
8 Account Termination
8.1 Wapped Pty Ltd may investigate, suspend and/or terminate a User’s account if it, in its
transmit, link or otherwise make available on the App.
inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing,
racially offensive, discriminatory, illegal, is otherwise inappropriate in the sole discretion
of Wapped Pty Ltd, anything that violates any other person’s intellectual property or
copyright, or anything that may injure, damage or otherwise negatively affect the
reputation or image of the App and/or Wapped Pty Ltd.
authorised and have license to use that content.
related entities and licensees an irrevocable and perpetual right to utilise that content in
any way, including copying, storing, displaying, reproducing or adapting it, including but
not limited to in promotion material for the App and/or Wapped Pty Ltd. The User
warrants that any content posted by it and subsequently used by Wapped Pty Ltd under
this clause does not violate any third parties’ copyright or intellectual property and
indemnifies Wapped Pty Ltd for any violation of such copyright or intellectual property
arising out of such a scenario.
applicable regulations or regulatory requirements imposed by any relevant Government
agency. The User consents to their private information and any content generated by
them in the course of their use of this App being accessed, stored and disclosed if
Wapped Pty Ltd feels it is necessary to comply with any legal requirement or process, for
regarding intellectual property rights or copyright, or to protect the rights, property and
interests of Wapped Pty Ltd.
sole discretion, determines that the User has misused the service or engaged in conduct
that Wapped Pty Ltd regarding in any way as being inappropriate or unlawful, including
in relation to interactions between the User and other Users which occur outside of the
App but where the initial contact between the Users commenced in the App.
9 Amendments to the App
9.1 Wapped Pty Ltd may at any time amend or discontinue the App itself, or any of its
functions or features. The User agrees that Wapped Pty Ltd shall not be liable to it or
any third party for any loss or damages suffered as a result of the amendment or
discontinuance of the App.
10 Customer Service
10.1 Wapped Pty Ltd provides customer service to its Users which may be obtained
through the following contact methods:
By Email: email@example.com
11 Copyright Infringement
11.1 If you believe that your copyright or intellectual property has been infringed on the
App, please contact Customer Service in accordance with the contact details contained
12.1 The User agrees that Wapped Pty Ltd and any of its related entities have no liability
to the User whatsoever for any loss or damage arising out of:
12.1.1 Any incorrect, inaccurate, defamatory or offensive content, or any other
User by another User;
12.1.2 The failure of the App to correctly store or retain any of the User’s content;
12.1.3 The conduct of any other User, whether it be on the App or outside of it;
12.1.4 Any interference, theft, deletion, interruption, unauthorised access to or
12.1.5 Any technical issue or fault with the App or its service.
downloaded solely at their own risk.
other error with respect to the User’s content; or
12.2 Any content or material downloaded by the User during their use of the App is
13 Warranties Provided by Wapped Pty Ltd
13.1 To the extent allowed by law, Wapped Pty Ltd offers no warranties or guarantees
13.2 The App may from time to time contain content provided to Wapped Pty Ltd by
13.3 From time to time, the App may contain content resembling information or advice.
whatsoever to the User regarding the App or its use.
third parties. To the extent allowed by law, Wapped Pty Ltd does not provide any
warranty to the User whatsoever in respect of that content, its accuracy or reliability.
Wapped Pty Ltd assumes no liability for, and the User absolves Wapped Pty ltd of any
liability from their reliance on the accuracy or reliability of any third party information.
This clause also applies to any links contained within the App to third party websites or
That content is provided for informational and entertainment purposes only and should
not be relied on in place of or as a substitute for any relevant professional advice that it
would be appropriate for the User to obtain in the circumstances, be it financial,
medical, legal or other advice.
14 General Limitation of Liability and Indemnity
14.1 To the maximum extent permitted by all applicable law, in no event will Wapped Pty
Ltd, or any related entity, licensee or service provider, be liable to the User or any third
party for any loss or damages, be they under statute, at common law or in equity, from a
cause of action arising out of the use of this service.
14.2 If, notwithstanding this clause, Wapped Pty Ltd or any related entity is liable for any
14.3 The User agrees to indemnify and hold harmless Wapped Pty Ltd, as well any related
loss or damages as considered by this clause, such a claim must be brought within 12
months of the date that the cause of action arose, otherwise the action will be forever
barred. entity, subsidiary or service provider thereof, in relation to any loss or damages, be they
under legislation, at common law or in equity, incurred by third parties arising out of the
15 Dispute Resolution
15.2 Wapped Pty Ltd may provide the User with notices, including formal legal notices, by
15.3 Prior to commencing any litigation, the User and Wapped Pty Ltd must engage in
User’s use of the App, the User must provide notice to Wapped Pty Ltd of the nature of
the dispute within 7 days of it arising at the following contact details:
By Email: firstname.lastname@example.org
any reasonable means, including but not limited to email, SMS, MMS, or other electronic
messaging service. The User agrees that they will be deemed to have received any such
notice provided to the User by any means set out in this clause.
mediation conducted by a Mediator to be appointed by agreement between the parties,
or where the parties cannot agree by a Mediator appointed by the Australian Institute of
Arbitrators and Mediators, NSW Division.
in the applicable Court of appropriate jurisdiction within 12 months of the cause of
action arising, or the User’s claim will be forever barred.
16 Entire Agreement, Interpretation and Waiver
16.2 If any clause of these Terms of Service are invalid, that clause will be read down to
16.3 The failure of Wapped Pty Ltd to exercise any right under these Terms of Service
relevant rules or guidelines as determined by Wapped Pty Ltd, comprise the whole
agreement between the User and Wapped Pty Ltd.
the extent that it maintains its effect. If the clause cannot be read down, it shall be
time by Wapped Pty Ltd at its sole discretion. Any amendments become effective at the
time that they are posted on the App and/or the Wapped Pty Ltd website.