1. Introduction
Welcome to QuokkaGuide. These Terms of Service ("Terms") govern your use of our website, mobile apps, and all services offered by QuokkaGuide ("QuokkaGuide", "we", "us", or "our"). By accessing or using our services, you agree to be legally bound by these Terms and our Privacy Policy.
If you do not agree, please do not use QuokkaGuide.
2. Who Can Use QuokkaGuide
You must be at least 13 years old to use our services. If you're under 18, you need a parent or legal guardian's consent.
3. Our Services
QuokkaGuide provides self-guided, GPS-triggered tours available via mobile app and web platform. These tours may include audio narration, images, route mapping, and location-based content.
We offer:
- Tour creation tools
- Access to published tours
- Monetization options for creators
- Bundled or standalone tour purchases
4. User Accounts
To access certain features, you must create an account. You agree to:
- Provide accurate, current information
- Keep your login secure
- Be responsible for all activity under your account
We may suspend or terminate your account if you breach these Terms.
5. User-Generated Content
You retain ownership of content you submit, but by uploading it to QuokkaGuide, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, and distribute your content for the purposes of providing and promoting the service.
You warrant that:
- You own or have permission to use the content
- Your content does not infringe copyright, trademark, or other rights
- Your content is not unlawful, defamatory, or harmful
We reserve the right to remove content that violates our policies.
6. Payments & Revenue Sharing
6.1 Tour Purchases
Users may purchase tours via the app or website. Prices are inclusive of GST where applicable. All sales are final, except as required under Australian Consumer Law.
6.2 Creator Earnings
Tour creators may earn a share of revenue. Specific terms (e.g., revenue split, payout threshold) are set out in the Creator Agreement.
You are responsible for reporting and paying any taxes related to your income.
7. License and Acceptable Use
We grant you a limited, non-exclusive, revocable license to access and use our services for personal or commercial tour creation and consumption, subject to these Terms.
You may not:
- Resell, distribute, or reproduce our platform or tours without permission
- Reverse-engineer or scrape the site
- Use the platform for illegal or abusive purposes
8. Location Services and GPS Accuracy
Our app uses GPS to trigger audio. Accuracy may vary based on device, signal strength, and environment. You agree to use it safely and not while driving unless your device is mounted and hands-free.
9. Refund Policy
We offer refunds only in accordance with Australian Consumer Law. If a tour is defective, misleading, or not as described, contact us within 14 days at support@quokkaguide.com.
10. Intellectual Property
All QuokkaGuide branding, software, and platform content (excluding user content) are owned by QuokkaGuide or its licensors. You may not use our trademarks without permission.
If you believe your copyright is infringed, please email dmca@quokkaguide.com with a formal takedown request.
11. Third-Party Services and Links
We may link to third-party services (e.g., Stripe, YouTube). We are not responsible for their content or practices. Use at your own risk and review their terms and policies.
12. Platform Availability
We do our best to keep QuokkaGuide online 24/7 but cannot guarantee uninterrupted service. We may suspend or modify services for maintenance, updates, or other reasons.
We are not liable for service interruptions, delays, or errors beyond our control.
13. Termination
You may stop using QuokkaGuide at any time.
We may suspend or terminate your access if:
- You violate these Terms
- We are legally required to do so
- Your activity poses risk to the platform or others
On termination, your rights to use the service end immediately, and we may delete your content.
14. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for any indirect, incidental, or consequential damages
- Our total liability for any claim is limited to the amount you paid us in the past 12 months (if any)
Nothing in these Terms excludes your rights under the Australian Consumer Law.
15. Indemnity
You agree to indemnify and hold harmless QuokkaGuide from any claims, losses, damages, or expenses (including legal fees) arising from your:
- Breach of these Terms
- Violation of third-party rights
- Misuse of the platform
16. Governing Law
These Terms are governed by the laws of Victoria, Australia. You agree to submit to the jurisdiction of the courts in Melbourne.
If you are outside Australia, you are still responsible for complying with local laws.
17. Changes to These Terms
We may update these Terms from time to time. We'll notify you of material changes via email or app notice. Your continued use of QuokkaGuide after changes means you accept the revised Terms.
18. Contact Us
QuokkaGuide
Email: support@quokkaguide.com
Website: https://quokkaguide.com
Appendix: Definitions
- Tour – Audio-guided, GPS-triggered route made available on our app or website
- User – Any person using our services, including creators and consumers
- Content – Audio, images, text, routes, or metadata created or uploaded by users