Mobile App Terms & Conditions

These Terms & Conditions (Terms) govern your access to and use of the Tink mobile application, the tinkdate.com website and any related services (App). The App is operated by BT Vickers App Development Pty Ltd (ABN 28 699 645 184) of West Perth, Western Australia (we, us or our).

By downloading, installing, accessing or using the App, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, you must not access or use the App. Please read these Terms carefully together with our Privacy Policy, which is incorporated into these Terms by reference.

The App helps existing couples agree on date-night plans by matching their shared preferences with restaurants, activities and Venues. It is a planning tool, not a dating, matchmaking or introduction service. Bookings are made through Venue or third party booking websites, and some listings and links are provided through affiliate arrangements.

Agreed Terms

1. Acceptance and Changes

1. By accessing or using the App, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy.
2. We may amend these Terms from time to time. If we make a material change, we will take reasonable steps to notify you, including by in-App notice or by updating the "last updated" date. Your continued use of the App after a change takes effect constitutes your acceptance of the amended Terms.
3. If you do not agree to an amendment, your sole remedy is to stop using the App and delete your account.

2. Eligibility and Age Restriction

1. The App is strictly for users aged 18 years or over. The App promotes venues and activities that may involve the service or consumption of alcohol, and by using the App you represent and warrant that you are at least 18 years of age.
2. We may require you to verify your age at any time, and we may suspend or terminate your access if we reasonably believe you are under 18 or have provided false information about your age.
3. You must have the legal capacity to enter into a binding agreement to use the App. If you use the App on behalf of another person, you represent that you are authorised to accept these Terms on their behalf.

3. Alcohol and Responsible Use

1. Some Venues and activities suggested through the App serve or involve alcohol. We do not sell, supply or serve alcohol, and we take no responsibility for the sale or service of alcohol by any Venue.
2. You are responsible for consuming alcohol responsibly and in accordance with all applicable laws. Any decision to attend a Venue, book an activity or consume alcohol is made entirely at your own discretion and risk.

4. Licence to Use the App

1. The App is provided free of charge. There are no subscriptions, fees, premium tiers or in-App purchases payable to us for use of the App.
2. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on a device that you own or control, solely for your own personal, non-commercial use.
3. We may, without notice and without liability, modify, suspend, discontinue or withdraw the App or any feature of it at any time. Because the App is provided free of charge, no refund or compensation is payable if a feature is changed or removed.
4. To protect the availability, performance and security of the App and prevent excessive or automated use, we may apply reasonable fair-use limits to particular features. These may include limits on how many times you can start or play a planning session within a minute, a day or another stated period. The limits that apply from time to time will be displayed in the App or otherwise notified to you.
5. If you reach a fair-use limit, the affected feature may be temporarily unavailable until the relevant limit resets. You must not attempt to avoid or circumvent a limit, including by using multiple accounts, devices, automated tools or other technical means. We may reasonably adjust the limits as the App, its capacity or misuse risks change.

5. Accounts

5.1 Creating an account

You must sign in using an Apple or Google account that you control. We use the sign-in information supplied by that provider to create or verify your App account. You may provide or edit a first name, display name or nickname for use in the App, including when planning with a connected partner.

5.2 Account responsibilities

You must:

1. provide accurate and current information when creating or updating your account;
2. keep your account credentials and connected sign-in accounts secure and confidential; and
3. promptly notify us of any unauthorised access to or use of your account.

You are responsible for all activity that occurs under your account, except to the extent caused by our breach of these Terms or our negligence.

6. How the App Works

6.1 Matching and results

The App allows you and a person you already know to connect your phones or accounts for a planning session, including through a nearby-device connection, link or invitation. Each participant can swipe on preferences (such as cuisine type or activity). The App then identifies mutual preferences and presents three Venue or activity options for the chosen area. These results are generated from the participants' selections, available Venue data and the chosen area; they are not personalised recommendations, endorsements or advice about any Venue.

6.2 Location and area selection

You may choose to enable location data so that the App can match you with Venues in your area. If you do not enable location data, you can manually enter a suburb or area to view. You can manage location permissions through your device settings at any time.

6.3 Bookings with venues

Bookings are not made through the App and we do not process booking payments. When you follow a booking link, you deal directly with the relevant Venue or third party booking platform on its own terms. We are not a party to that transaction and cannot make, change or cancel a booking, issue a refund or resolve a booking dispute on your behalf.

6.4 Chat functionality

The App includes chat functionality that allows you to communicate only with the participant connected to your planning session. Chat is not a channel for communicating with Venues or unconnected users and is not routinely monitored. Chat messages are ordinarily deleted shortly after the session ends, but a recent chat snapshot may be preserved if a participant makes a safety or misuse report. You are solely responsible for your communications and must use chat in accordance with these Terms. You may block a connected or previous partner from sending further invitations through the App.

7. Acceptable Use

You must not, and must not permit any other person to:

1. use the App for any unlawful, fraudulent, harmful or abusive purpose, or in breach of any applicable law;
2. use the chat feature to send content that is unlawful, harassing, threatening, defamatory, obscene, hateful, sexually explicit or otherwise objectionable;
3. impersonate any person, or misrepresent your age, identity or affiliation;
4. attempt to gain unauthorised access to the App, our systems or any account, defeat sign-in verification or device integrity checks, or interfere with or disrupt the App's operation or security;
5. scrape, harvest, extract or reproduce any data, listings, links or content from the App, except as expressly permitted;
6. avoid, bypass or circumvent any fair-use limit, rate limit or other technical restriction applied to the App;
7. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the App, except to the extent this restriction is prohibited by law;
8. use the App for any commercial purpose, including on-selling access or using the App to solicit or promote a business; or
9. introduce any virus, malware or other harmful code into the App.

8. Reporting, Suspension and Termination

8.1 Reporting

You may report suspected misuse, prohibited chat content, safety concerns or other breaches of these Terms through the reporting mechanism in the App or by contacting us at concerns@tinkdate.com. When a report is made through chat, we may preserve and review a snapshot of the recent chat and relevant session information as evidence, as explained in our Privacy Policy. We may investigate the report and take any action we reasonably consider appropriate. We do not guarantee any particular outcome and may not be able to disclose action taken against another account.

8.2 Our rights to suspend or terminate

We may suspend, restrict or terminate your access to the App or any account (in whole or in part), with or without notice, if we reasonably believe that:

1. you have breached these Terms or any applicable law;
2. you are under 18 years of age or have misrepresented your age;
3. your conduct poses a risk to another user, a Venue, us or the App; or
4. you repeatedly exceed, avoid or attempt to circumvent a fair-use limit or other technical restriction; or
5. suspension or termination is required to comply with a legal or regulatory obligation.

8.3 Your right to stop using the App

You may stop using the App and delete your account and associated data through Settings in the App at any time. A deletion guide is available at tinkdate.com/delete-account. Deleting the App from your device alone does not delete your account or server-side data. Account deletion does not remove a suspension or require us to delete safety reports, enforcement records or other information that we are required by law to retain or reasonably need to investigate misuse, resolve a dispute or enforce these Terms. Other account and usage data will be deleted in accordance with our Privacy Policy.

8.4 Effect of termination

On termination, your licence to use the App ends and you must stop using it. Clauses that by their nature should survive termination (including those dealing with intellectual property, disclaimers, liability and general provisions) will continue to apply.

9. Affiliate Links and Venue Information

1. The App earns revenue through affiliate arrangements. Some Venue listings and links in the App are Affiliate Links, and we may receive a commission or other benefit if you click a link or make a booking through it. This does not add any cost to you.
2. An affiliate arrangement may affect whether a Venue, activity or offer is available to be displayed in the App, but does not constitute an endorsement, recommendation or guarantee by us. We do not verify, and are not responsible for, the availability, quality, safety, pricing or accuracy of any Venue, activity, discount or offer.
3. Any discount or offer displayed in the App is provided by the relevant Venue or affiliate and is subject to that party's terms. We make no guarantee that any discount or offer will be honoured.

10. Data Sources and Accuracy

1. Venue and activity information in the App is drawn from open source data and third party sources, and may be incomplete, out of date or inaccurate. We take reasonable steps but do not warrant the accuracy, completeness or currency of any information displayed in the App.
2. You should independently confirm details such as opening hours, pricing, availability and any age or licensing requirements directly with the relevant Venue before relying on them.

11. Third Party Services

1. The App integrates with, links to or relies on third party services, including Apple, Google, Venue and booking-platform websites, venue-data providers and affiliate networks. Your use of those services is governed by the relevant third party's terms and privacy practices, and we are not responsible for them.
2. If you downloaded the App from the Apple App Store or Google Play, you must comply with the applicable usage rules and terms of service, including any terms that apply to your device or mobile network. These Terms are between you and us, not Apple Inc. (Apple) or Google LLC (Google), and we are solely responsible for the App and its content, subject to these Terms.
3. Apple and Google have no obligation to provide maintenance or support for the App. To the extent any warranty applies and the App fails to conform to it, you may notify Apple and Apple may refund any purchase price paid for the App. Because the App is free, that refund will ordinarily be nil. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
4. We, not Apple, are responsible for addressing claims by you or a third party concerning the App or your possession or use of it, including product liability claims, claims that the App fails to comply with legal or regulatory requirements, and claims under consumer protection, privacy or similar laws. Nothing in these Terms limits any Non-Excludable Rights.
5. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim, subject to these Terms.
6. You represent and warrant that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government prohibited or restricted parties list.
7. Apple and its subsidiaries are third party beneficiaries of these Terms as they relate to an App downloaded from the Apple App Store. Once you accept these Terms, Apple may enforce those provisions against you as a third party beneficiary.

12. Privacy and Data

1. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as described in our Privacy Policy.
2. We collect limited data about your use of the App, including the area you searched, the Venues you were presented or matched with and whether you proceeded to a booking. We do not sell this data or provide it to Venues or affiliate partners. If you follow an Affiliate Link, the relevant affiliate or Venue may separately collect information through its own website and tracked link under its own privacy policy.
3. You can delete your account and associated data through the App at any time, subject to the limited exceptions described in these Terms and our Privacy Policy.

13. Intellectual Property

1. All intellectual property rights in the App, including its software, design, branding, text and content (other than third party or Venue content), are owned by us or our licensors. Nothing in these Terms transfers any of those rights to you.
2. You must not use our name, logos or branding without our prior written consent.

14. Disclaimers

1. The App is a tool to help you discover and plan activities. We do not provide, arrange, supply or guarantee any Venue, activity, booking, discount or alcohol, and we are not responsible for the acts, omissions, conduct, products or services of any Venue or third party.
2. To the maximum extent permitted by law and subject to your Non-Excludable Rights, the App is provided "as is" and "as available", and we make no warranties that the App will be uninterrupted, error-free, secure or free of harmful components.

15. Consumer Guarantees

1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded (Non-Excludable Rights).
2. Where our liability for a failure to comply with a consumer guarantee can be limited (and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption), our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.

16. Liability

1. Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, we are not liable to you for any indirect, special, incidental or consequential loss, or for any loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with the App or these Terms.
2. Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, we are not liable for any loss or damage arising from your attendance at any Venue, participation in any activity, consumption of alcohol, dealings with any Venue or third party, or reliance on any information displayed in the App.
3. Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the App and these Terms is limited to AUD $100. This reflects that the App is provided to you free of charge.
4. Your liability to us will be reduced to the extent any loss is caused or contributed to by us.

17. Indemnity

To the maximum extent permitted by law, you indemnify us against any loss, damage, liability, cost or expense we suffer or incur arising out of or in connection with:

1. your breach of these Terms or any applicable law; or
2. your use of the App, including any content you send through the chat feature,
3. except to the extent the loss is caused by our breach of these Terms, our negligence or our unlawful conduct.

18. General

18.1 Governing law and jurisdiction

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

18.2 Users outside Australia

The App is intended for use in Australia and the United States. If you access the App from the United States or elsewhere, you do so on your own initiative and are responsible for complying with your local laws. Some rights, guarantees or remedies referred to in these Terms may not apply to you if you are outside Australia, and nothing in these Terms is intended to deprive you of any mandatory consumer protection available in your jurisdiction.

18.3 Dispute resolution

Before commencing any court proceeding, a party must first notify the other of the dispute and use reasonable efforts to resolve it in good faith. For users in the United States, and to the extent permitted by law, the parties agree to first attempt to resolve any dispute through confidential, binding arbitration on an individual (non-class) basis under mutually agreed arbitration rules, before any court proceeding. Nothing in this clause prevents a party from seeking urgent injunctive or equitable relief.

18.4 Notices

You can contact us about App support and general questions at support@tinkdate.com, and about safety concerns at concerns@tinkdate.com. We may give you notices through the App, by email, through tinkdate.com or by other reasonable means.

18.5 Assignment

You may not assign or transfer your rights under these Terms without our consent. We may assign or transfer our rights and obligations under these Terms, including in connection with a sale of our business.

18.6 Severance and waiver

If any part of these Terms is invalid or unenforceable, it is read down or severed to the minimum extent necessary, and the rest of these Terms continue to apply. A failure or delay by us to exercise a right is not a waiver of that right.

18.7 Entire agreement

These Terms and our Privacy Policy make up the entire agreement between you and us about your use of the App and supersede any prior arrangements.

19. Definitions

Capitalised terms used in these Terms have the meaning given below. Capitalised terms used but not defined have their ordinary meaning.