Terms of Use

Welcome to Parm Rater, operated by Lucas Howlett ("we", "us", or "our"). These Terms of Use ("Terms") are our End User License Agreement and govern your use of the Parm Rater mobile app (the "App"), the website at parmrater.com.au (the "Site"), and the venue partner dashboard.

By using Parm Rater you agree to these Terms. If you do not agree, please do not use it.

You must be at least 13 years old to create an account. If you are in the European Economic Area or the United Kingdom, you must be at least 16, or the minimum age set by your country. Parm Rater covers venues that serve alcohol, but it is a food review app and nothing in it is an offer to sell alcohol.

• Give accurate information when you sign up and keep it up to date.
• You are responsible for what happens under your account, so keep your password and sign in details to yourself.
• One account per person. Do not impersonate anyone or use a username designed to mislead.
• Tell us at hello@parmrater.com.au if you think someone else has access to your account.

The App is free to use. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App for your own personal, non-commercial use on a device you own or control. We keep all rights in Parm Rater, including its name, logo, design, software and data, that are not expressly granted to you here.

Ratings, review text, photos and comments you post stay yours. You are responsible for them, and by posting you confirm that you took the photo or otherwise have the right to share it, and that it does not infringe anyone else’s rights.

So that we can actually run a public review platform, you grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, reproduce, resize, adapt, publish, publicly display and distribute your content in connection with Parm Rater. That includes showing it on the App, publishing it on the Site where search engines can index it, showing it to the venue it relates to, and featuring it in our newsletter, app store listings and social media posts about Parm Rater.

Please post as though everything is public, because it is. Your username, profile photo, ratings, photos and comments are visible to everyone, including people without the App.

If you delete your account, your ratings and photos stay published as part of the venue’s history and are detached from your account. If you want your content taken down as well, email hello@parmrater.com.au and we will remove it.

You agree not to:

• Post content that is false, defamatory, harassing, hateful, obscene, or that targets someone because of who they are.
• Post a rating for a venue or meal you did not actually visit or eat, or post ratings on behalf of a venue you are connected to in order to inflate or damage its score.
• Upload someone else’s photos, or photos of people who have not agreed to appear.
• Copy, modify, reverse engineer, decompile or create derivative works from any part of Parm Rater.
• Scrape, crawl, bulk download or otherwise harvest data from Parm Rater, or use it to build a competing product.
• Sublicense, resell, lease or commercially exploit Parm Rater, or use it for any unlawful purpose.
• Interfere with, overload, or attempt to gain unauthorised access to our servers, other accounts, or any part of the service.

You can report a rating, comment or account from within the App, and we review reports as quickly as we reasonably can. We may remove content, hide it, or suspend or terminate an account that breaches these Terms, with or without notice. We are not obliged to monitor content, and we do not endorse anything users post.

Venue details such as addresses, opening hours, menus, prices, deals and photos come from third party sources, from our users, and from venues themselves. Ratings are personal opinions, not statements of fact. Things change, so please check with the venue before you make plans. We do not guarantee that any of this information is accurate, current or complete.

The App is free. There are no in-app purchases and no consumer subscriptions. This section applies only to venues and their operators who subscribe to Parm Rater Premium through the venue partner dashboard on the Site.

• Premium is billed monthly in Australian dollars through Stripe. Stripe processes your card details directly. We never see or store them.
• A free trial period may be offered. Unless you cancel before it ends, the subscription continues and billing starts at the end of the trial.
• The subscription renews automatically each month until cancelled. You can cancel at any time from the venue partner dashboard. There are no lock-in contracts and no cancellation fees.
• When you cancel, Premium features stay active until the end of the current billing period. We do not refund part-used periods except where the law requires it.
• We may change pricing or what Premium includes. We will give you notice before a change takes effect, and you can cancel if you do not want to continue.
• Premium buys visibility features. It does not buy ratings, alter your score, or let you remove genuine reviews.

If you downloaded the App from the Apple App Store, the following applies. These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for 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, and to the maximum extent permitted by law Apple has no other warranty obligation. We, not Apple, are responsible for addressing any claim that the App infringes intellectual property rights, and for any product liability or legal claim relating to the App. You confirm you are not located in a country subject to a United States embargo and are not on any United States prohibited party list. Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce them against you.

If you downloaded the App from Google Play, your use is also subject to the Google Play Terms of Service.

Parm Rater uses third party services for maps, sign in, notifications, analytics, crash reporting and payments, and links out to venue websites, booking pages and social media. We do not control those services and are not responsible for them. Your use of them is governed by their own terms.

Our Privacy Policy explains what we collect and why. It forms part of these Terms. In short:

• We collect your account details, the content you post, device and usage information, and, if you allow it, your approximate location.
• Location is optional and coarse. We round it to roughly a one kilometre grid square, read it only while the App is open, and save at most one point per hour. We use it for venue and rating recommendations, distances, the map, and notifications about deals near you.
• We do not share your location data with third parties. It is not sold, not passed to advertisers, and not sent to any third party service, including the sign in providers. Parm Rater shows no ads.
• You can delete your account from Settings in the App at any time.

Parm Rater is provided on an "as is" and "as available" basis. To the maximum extent permitted by law we make no warranties about it, and we do not promise it will be uninterrupted, error free, or that any content on it is accurate.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where we are permitted to limit our liability for a breach of a non-excludable guarantee, our liability is limited to resupplying the service or paying the cost of having it resupplied.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss of profits, data or goodwill, arising from your use of Parm Rater. Our total liability to you for any claim relating to Parm Rater is limited to the greater of the amount you paid us in the 12 months before the claim, or one hundred Australian dollars.

You agree to indemnify us against any claim, loss or cost arising from content you post, your breach of these Terms, or your misuse of Parm Rater.

You can stop using Parm Rater at any time and delete your account from Settings in the App. We may suspend or terminate your access if you breach these Terms or misuse the service. Sections that by their nature should survive termination, including the content licence, disclaimers, limitation of liability and indemnity, continue to apply.

These Terms are governed by the laws of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Australia and any courts that hear appeals from them.

We may update these Terms from time to time. The date at the top of this page shows when they last changed. If a change is material we will tell you through the App or by email before it takes effect. Continuing to use Parm Rater after that means you accept the updated Terms.

Questions about these Terms can go to hello@parmrater.com.au, and we will get back to you.