DAREBUX USER AGREEMENT (TERMS & CONDITIONS)

Introduction

  1. Thankyou for using this mobile application known as the DAREBUX mobile application which is owned and operated by DARE BUX PTY LTD ABN 60 628 904 307, and using which, one User may invite another to perform a Dare in exchange for monetary consideration;
  2. By using the DAREBUX Mobile Application, you agree to be bound by:
    1. These Terms and Conditions (this “User Agreement”); and
    2. The Apple itunes store terms and conditions if you use an ios device;  or
    3. The Google Playstore if you use an android device, as amended from time to time.

Please read this User Agreement and the relevant application Apple or Google terms and conditions carefully because they constitute legally binding agreements. Your participation in any Dare activity shall be deemed to be your complete acceptance of these terms and conditions and  the relevant agreement. To the extent of any inconsistency between the agreements, this User Agreement prevails.

Eligibility to use the DAREBUX mobile application

  1. In order to use the DAREBUX Mobile Application, a User must be at least thirteen (13) years of age;
  2. In order to receive monetary benefit in the form of bitcoin  or any cash deposit, the User must be at least Eighteen (18) years of age. Users who have attained the age of thirteen (13) but who have not yet attained the age of eighteen (18) may receive points for Egift cards, but may not receive bitcoin or monetary payments; and
  3. In accordance with clause 3, each User represents and warrants that:
    1. He or she is at least thirteen (13) years of age; and
    2. Will not attempt to engage in monetary dealings involving bitcoin or cash unless he or she is at least eighteen (18) years of age; and
    3. He or she will at all times abide by the terms and conditions of this User Agreement.

Purpose of Use

  1. The use of the DAREBUX Mobile Application is for the personal use of individual Users only;
  2. The DAREBUX Mobile Application may not be used in connection with any commercial activity or by any organization and/or businesses without prior written consent of DAREBUX;

How the DAREBUX Mobile Application Works

  1. Once a User has created an account on the DAREBUX Mobile Application he or she may invite another User with an account on the DAREBUX Mobile Application to perform a Dare for Monetary Consideration (with the User sending the invite nominating the amount of consideration), or may be nominated by another User with an account on the DAREBUX Mobile Application to perform a Dare (for an amount of monetary consideration nominated by the inviting party, less ten percent retained by DAREBUX as commission);
  2. If a User invites another User to perform a Dare, and the nominated User uploads a video evidencing performance of the Dare, the nominating User  and any person who contributes to the Monetary Consideration for the Dare agrees to:
    1. Promptly review the video to determine whether or not the Dare has been completed; and
    2. Act honestly and reasonably in assessing whether or not the Dare has been completed, failure to do which may result in termination of the User’s DAREBUX Mobile Application account; and
    3. If the Dare has been completed, promptly pay the Monetary Consideration in the amount and form promised via the DAREBUX Mobile Application.
  3. If a User accepts an invitation to perform a Dare (noting that Users are always free to elect not to accept Dares that they are invited to perform) the User:
    1. Agrees to upload a video evidencing performance of the Dare; and
    2. Not post material unrelated to the Dare;
    3. Acknowledges that payment will be made via the DAREBUX Mobile Application and that DAREBUX will retain 10% of the amount of Monetary Consideration.
  4. Monetary Consideration may be paid by:
    1. Credit cards;
    2. Bitcoin;
    3. Credits that a User may purchase prior to nominating another to complete  a Dare or contributing to Monetary Consideration for a Dare, and which may be redeemed for an E-giftcard. The User acknowledges that:
      1. Such credits may only be purchased in increments of 1 United States Dollars and redeemed in increments of 5 United States Dollars one the User attains that number of credits; and
      2. When purchased via Google Play or the Apple itunes store, an additional fee of 30% of the value of the points will be charged to the User; and
      3. Credits may only be redeemed in increments of 5 USD (although in the case of Australian residents purchasing an E Giftcard, the amounts charged will be in Australian dollars;
      4. Redeemed points will be paid at a reasonable exchange rate determined by DAREBUX, having consideration of the official exchange rate published on the Google search engine on the same day.

Egift Cards  

  1. From to time a User will be able to redeem credits purchased from the Itunes Store or Google Play Store  or Bitcoin for an Egift card. If they do so, the User may select an American Egift card, but only if the User is a resident of the  United States, in which case the Egift card value will be shown in United States Dollars. The User may also select from a variety of available Egift cards (and if in Australia, an Australian Egift card). DAREBUX does not warrant that any particular Egift card or type of Egift card will be available at any particular time.

Dangerous and Illegal Dares

  1. Each User agrees that he or she will not post a Dare that is illegal, or which would reasonably be considered unsafe;
  2. Each User agrees that he or she will not agree to perform a Dare which is illegal, or which would reasonably be considered unsafe;
  3. Each User acknowledges that DAREBUX may suspend or terminate his or her account if he or she posts or agrees to perform a Dare that is illegal or unsafe (in DAREBUX’s sole opinion) and that DAREBUX will fully cooperate with law enforcement authorities in relation to  illegal Dares, including by disclosing the personal information of Users associated with the illegal Dare if so requested by law enforcement authorities.

Provision and Collection of Information

  1. In order to participate in Dares, each User must register for an active DAREBUX user account (“User Account”) via E-mail or Facebook.
  2. In order to create a User Account, the User must submit identifying information (such as first name, last name, email, date of birth, gender, IP address, location etc), a password and other information that we see fit (“Registration Information”).
  3. Each User agrees that if he or she provides any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these terms, we may indefinitely suspend or terminate or block access to the DAREBUX Mobile Application.

User Conduct

  1. The User must not copy or attempt to copy, republish, adapt, make available or otherwise communicate to the public any content, data or information from the DAREBUX Mobile Application except with the express written consent of DAREBUX;
  2. The User must not employ any scraping techniques;
  3. The User must not employ any bots, scripts, plug-ins, extensions or other automated means to register accounts, log in, or post comments;
  4. The User must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on the DAREBUX Mobile Application;
  5. The User must not, and must not permit any third party to copy, reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the DAREBUX Application and agrees to indemnify DAREBUX against any damage incurred if it procures a third party to do so;
  6. The User must not use the DAREBUX Application or any associated website or program to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    1. any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent; or
    2. that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in DAREBUX’s sole discretion;
  7. The User agrees to indemnify DAREBUX against any and all damage that DAREBUX suffers as a result of the USER breaching clause 24;
  8. The User must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation including copyright and agrees to indemnify DAREBUX against any damage that DAREBUX incurs as a result of the User breaching this undertaking;
  9. The User must not stalk, exploit, threaten, abuse or otherwise harass another User, or any DAREBUX employee and agrees to indemnify DAREBUX against any damage that DAREBUX incurs if it breaches this undertaking;
  10. The User must not engage in any illegal activity, including without limitation money transfer, fraud, money laundering, conversion or terrorist activity agrees to indemnify DAREBUX against any damage that DAREBUX incurs if it breaches this undertaking;
  11. The User must not provide Illegal and fraudulent information or use any other information or content which is not legally his/her and without permission from the intellectual property rights owners agrees to indemnify DAREBUX against any damage that DAREBUX incurs if it breaches this undertaking;
  12. The User must not attempt, in any manner, to obtain the password, account, or any security information of other users agrees to indemnify DAREBUX against any damage that DAREBUX incurs if it breaches this undertaking;  and
  13. The User must not contribute to a dare campaign that violates this agreement.
  14. If DAREBUX believes that User behaviour and conduct is at any time threatening or offensive, DAREBUX reserves the right to immediately terminate the DAREBUX account of the User and remove all the contents. The User will not be entitled to any refund of unused funds or earnings after termination.

User Materials

  1. The DAREBUX Mobile Application may allow Users to upload or otherwise provide to DAREBUX video, data, text, and other content (“User Materials”) related to a Dare. By uploading or otherwise providing such materials, the User grants DAREBUX an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate User Materials. DAREBUX may use/repost dare campaign on social media, news paper, posters, flyers for advertising purposes. DAREBUX will not pay the User for the User Materials or to exercise any rights related to the User Materials. The User warrants that all User Materials are owned by the User and do not in any way breach the intellectual property rights of any third party, and agrees to indemnify DAREBUX against the same.

Reporting Breaches

  1. The User can use the DAREBUX Mobile Application “report function to flag any misuse of our app or violation of our terms. We will investigate all reported dare campaigns and take appropriate actions. A Dare that violates our terms will be deleted from the app without notice. DAREBUX will endeavour to respond to all reports within 1-2 Business Days;

Payment

  1. The User is responsible for providing correct payment details to DAREBUX on the Darebux Mobile application and DAREBUX will not be required to make payment if correct and sufficient payment details are not provided prior to completion of a Dare;
  2. DAREBUX may accept payment by way  of “Bitcoin” by its authorized third-party bitcoin payment processor, Alfacoins.com. A fee of 0.99% process fee and an additional 0.00006 BTC network fee will apply during withdrawal of funds, in addition to the other fees set out in this agreement. When a User pays an amount by way of Bitcoin, or selects to receive a payment by way of Bitcoin it is the sole responsibility of the User to ensure that all details required to correctly process and distribute the payment are correct. DAREBUX cannot refund any payment made by way of Bitcoin.
  3. Alfacoins.com may charge fees when user make contributions to a dare campaign, or when user withdraw funds from his/her DAREBUX account. You authorize DAREBUX and its payment processor to charge all such fees. If you think you have been incorrectly charged, get in touch with us immediately- contact@darebux.com
  4. Subject to any other provision in this agreement, DAREBUX will refund (by providing credit points to the User’s account balance in the amount of one credit point for each US dollar refunded) the User for any dare campaign which violates its policies as follows:
    1. When a User reports a dare campaign that has not reached its goal amount, we will investigate that claim and refund the amount to contributors where applicable.
    2. Once refunded, the dare campaign will end.
    3. Once a Dare is completed, User(s) have 1 day to file a report and we will endeavour to investigate that matter within 1 to 2 working days. We may elect to refund transactions at our sole discretion;
    4. Bitcoins cannot be refunded;  When sending contributions or withdrawing bitcoin please ensure that you enter the correct destination address as DAREBUX cannot track or refund if it was sent to wrong address;

Rights

  1. DAREBUX shall own all right, title and interest, including all Intellectual Property Rights, in and to the DAREBUX Mobile Application, its website/s and the website Links. For the purposes of this User Agreement “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of any state, country or jurisdiction.

Limitation of Liability

  1. By accepting a Dare, the User acknowledges that there may be inherent risk in the Dare, and assumes all such risk. The User agrees to release DAREBUX and indemnify it against any and all damages that it or any third party suffers as a result of the Dare;
  2. By posting a Dare the User acknowledges that there may be inherent risk in the Dare, and agrees to release DAREBUX and indemnify it against any and all damages that it or any third party suffers as a result of the Dare.
  3. For the avoidance of doubt, the limitations and indemnities contained in clauses 40 and 41 extend to all DAREBUX staff, directors, contractors, agents and related parties, and includes actual damage as well as legal costs.

Modifications

  1. DAREBUX may, in its sole discretion, change or modify this agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Users upon posting of the modified agreement. If any modification is unacceptable to the User, its sole remedy shall be to immediately terminate his/her User Agreement. The User’s continued use of the DAREBUX Mobile Application or continued participation in any Dare or activity associated with the DAREBUX Mobile Application will constitute binding acceptance of such modifications.

Credit Card Authorisations

  1. By Creating a Dare with DAREBUX, the User authorizes DAREBUX and its agents and employees to transact with the User’s bank or other payment gateways on User behalf to obtain the necessary information required to process payment, confirm payment, resolve inquiries and billing disputes, and/or as otherwise required to manage the Contribution. User will bear any fees and fines resulted from any credit card dispute.

Relationship & Termination

  1. The User agrees that no joint venture, partnership, employment relationship exists between the User and DAREBUX as a result of these terms. DAREBUX may terminate the User’s registration and/or deny you access to the application or any part of it (including any services or information available on or through the app) at any time in its absolute discretion and without any explanation or notification. If the User wants to terminate the Services at any time, the User may do so by:
    1. notifying DAREBUX in writing or (if such function is provided) via the DAREBUX Mobile Application;
    2. closing the User’s registered account.

Please send termination notices to: contact@darebux.com

  1. Upon termination or expiration of this Agreement:
    1. all rights and licenses granted in this Agreement shall immediately and automatically cease;
    2. DAREBUX shall delete or destroy the data and any other information (confidential or non-confidential) of the user unless DAREBUX has reasonable reason to retain it (such as, but not limited to any ongoing investigation);
    3. Expiration or termination of this Agreement for any reason shall be without prejudice to any right which shall have accrued to the benefit of either party prior to such termination;
    4. all credits and earnings of the User will be forfeited. This will also occur if the User’s account is terminated by DAREBUX as a result of the User breaching these terms.

Choice of Law

  1. This agreement is governed by the laws of New South Wales and a claim under this agreement or in relation to the DAREBUX Mobile Application may only be bought in the courts of the state of New South Wales.   Notwithstanding this the User undertakes not to breach any law in the jurisdiction in which the User is located at any given time

Whole Agreement

  1. This document constitutes the entirety of the agreement between the parties and all other documents and representations are excluded.

Definitions and Interpretation

  1. In this Agreement:
    1. Business Day means a day on which the banks are ordinarily open for business in Sydney, excluding Saturday, Sunday and public holidays;
    2. Dare means an act that one User proposes be performed by another User in exchange for monetary consideration, in accordance with the terms of this User Agreement;
    3. DAREBUX means DARE BUX PTY LTD ABN 60 628 904 307;
    4. DAREBUX Mobile Application means this application, operated by DAREBUX;
    5. Monetary Consideration means money or other items of value that may be transferred from one User to another, or by DAREBUX to a User in exchange for the completion of Dares.
    6. User means you, and every other person or party who uses the DAREBUX Mobile Application;
    7. User Agreement means this agreement, as modified from time to time; and
    8. User Materials has the meaning given to it in clause 33.
    9. Unless otherwise defined or the context requires otherwise, all words have their ordinary English meaning;
    10. The singular includes the plural and vice versa;
    11. Headings are for ease of reference only, and do not effect the meaning of these terms.