The Whatslively mobile application has been created to connect our fans to live music experiences.
These terms set out the terms for use of the Whatslively mobile application available for download on the iTunes or Google Play stores.
1. By downloading, accessing and/or using this mobile application ('App') owned by Whatslively you agree and acknowledge that you have read, understood and agree to be bound by all the terms and conditions in Whatslively’s Terms, Social Media Terms, Privacy Policy and these App Terms. Your continued use of the App is considered to be your acceptance of the App Terms, whether or not there has been an update. You must have the most current version of the App to ensure that it is working properly. It is your responsibility to periodically check the App and/or our website at www.whatslively.com, to determine if you have the most current version of the App. If you do not agree to these App Terms, please do not download the App.
2. Any personal information you supply to Whatslively when using the App will be used by Whatslively in accordance with its general Terms, Social Media Terms and Privacy Policy.
3. It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to download and/or access and use the App. In order to use the App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications.
4. The version of the App may be upgraded from time to time to add support for new functions and services
5. The App is made available to you free of charge for your personal, non-commercial use only. Whatslively reserves the right to amend or withdraw the App, or charge for the App or service provided to you in accordance with these App Terms at any time and at its absolute discretion.
6. This App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Whatslively will use reasonable efforts to ensure the App is available at all times. Whatslively does not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
7. You will not, nor allow third parties on your behalf to:
8. You agree and acknowledge that you have given permission to Whatslively to scan the music you listen to through third party platforms including but not limited to iTunes, Spotify, Last.fm, Pandora etc in order to notify you via email and/or smartphone notification when a concert is announced in your selected city/area.
9. You agree and acknowledge that by sharing a concert using the 'Ask Friends' button in the App, you give Whatslively permission to send an SMS to your chosen recipients from your contact list on your behalf and any content shared by you is your sole responsibility.
10. You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any third party charges as may arise. It is your responsibility for such charges that arise when using the App.
11. Whatslively may terminate use of the App at any time by giving notice of termination to you.
12. Upon any termination, the rights and licenses granted to you will terminate and you must cease using the App immediately.
13. Whatslively is not liable in any event for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the App, including loss of profit whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
14. Whatslively is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App.
15. Nothing in these App Terms will exclude or limit Whatslively's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
16. To the maximum extent permitted by law, Whatslively disclaims all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.
17. If you have any issues with the App, please let us know by contacting us at hello@whatslively.com.
Updated November 2014. Whatslively Pty Ltd A.C.N. 153 094 609