1. About the Application
a) Welcome to NightLight (Application). The Application allows users to create profiles,
connect with other users, signal availability through the "NightLight" feature, engage in
private chats, send virtual interactions, access forums to ask questions or provide
reassurance, and access parenting-related information. Premium users can access
additional features including map-based user location services. The Application includes
customisable privacy settings and interaction preferences (Services). The Application
expressly disclaims responsibility for any medical advice, diagnoses, or treatment
recommendations shared by users on the platform.
b) The Application is operated by NightLight PTY LTD (ACN 684331333). Access to and use
of the Application, or any of its associated Products or Services, is provided by NightLight
PTY LTD. Please read these terms and conditions (Terms) carefully. By using, browsing
and/or reading the Application, this signifies that you have read, understood and agree to
be bound by the Terms. If you do not agree with the Terms, you must cease usage of the
Application, or any of Services, immediately.
c) NightLight PTY LTD reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When NightLight PTY LTD updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms. Any changes to
the Terms take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.l remain in force.
2. Acceptance of the Terms
a) You accept the Terms by remaining on the Application. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
NightLight PTY LTD in the user interface.
3. Subscription to use the Services
a) In order to access the Services, you must first create an account through the Application.
The Services are available through either a free account option or a paid subscription
(Subscription) with additional features. If you choose the paid Subscription, you will need
to pay the applicable fee for the selected Subscription (Subscription Fee).
b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to
ensure that the Subscription you elect to purchase is suitable for your use.
c) Once you have purchased the Subscription, you will then be required to register for an
account through the Application before you can access the Services (Account).
d) As part of the registration process, or as part of your continued use of the Services, you
must be over 18 years of age and may be required to provide personal information about
yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Full name
- Telephone number
- Password
- Alternatively, you may register for an Account through your Facebook, Google or
Instagram account. If you create an Account, you authorise us to access, display
and use certain information from your Facebook, Google, or Instagram account. For
more information about what information we use and how we use it, please check
out our Privacy Policy.
e) You warrant that any information you give to NightLight PTY LTD in the course of
completing the registration process will always be accurate, correct and up to date.
f) Once you have completed the registration process, you will be a registered member of the
Application (Member) and agree to be bound by the Terms. As a Member you will be
granted immediate access to the Services from the time you have completed the
registration process until the subscription period expires (Subscription Period).
g) You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with NightLight PTY LTD; or
- you are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which you are resident or from which you
use the Services.
4. Your obligations as a Member
a) As a Member, you agree to comply with the following:
1) you will use the Services in accordance with the NightLight Community Guidelines,
and only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
2) you have the sole responsibility for protecting the confidentiality of your password
and/or email address. Use of your password by any other person may result in the
immediate cancellation of the Services;
3) any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify NightLight PTY LTD of any unauthorised use of your password or email address or any breach of security of
which you have become aware;
4) access and use of the Application is limited, non-transferable and allows for the sole
use of the Application by you for the purposes of NightLight PTY LTD providing the
Services;
5) you will not use the Services or the Application in connection with any commercial
endeavours except those that are specifically endorsed or approved by the
management of NightLight PTY LTD;
6) you will not use the Services or Application for any illegal and/or unauthorised use
which includes collecting email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or unauthorised framing of or linking to
the Application;
7) you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Application without notice and may result in
termination of the Services. Appropriate legal action will be taken by NightLight PTY
LTD for any illegal or unauthorised use of the Application; and
8) you acknowledge and agree that any automated use of the Application or its
Services is prohibited.
5. Payment
a) All payments made in the course of your use of the Services are made using Stripe. In
using the Application, the Services or when making any payment in relation to your use of
the Services, you warrant that you have read, understood and agree to be bound by the
Stripe terms and conditions which are available on their website.
b) You acknowledge and agree that where a request for the payment of the Subscription Fee
is returned or denied, for whatever reason, by your financial institution or is unpaid by you
for any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Subscription Fee.
c) You agree and acknowledge that NightLight PTY LTD can vary the Subscription Fee at any
time and that the varied Subscription Fee will come into effect following the conclusion of
the existing Subscription Period.
6. Refund Policy
a) NightLight PTY LTD will only provide you with a refund of the Subscription Fee in the event
they are unable to continue to provide the Services or if the manager of NightLight PTY
LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the
circumstances. Where this occurs, the refund will be in the proportional amount of the
Subscription Fee that remains unused by the Member (Refund).
b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's
rights under the Australian Consumer Law.
7. Copyright and Intellectual Property
a) The Application, the Services and all of the related products of NightLight PTY LTD are
subject to copyright. The material on the Application is protected by copyright under the
laws of Australia and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the Services and compilation of the Application (including but not
limited to text, graphics, logos, button icons, video images, audio clips, Application code,
scripts, design elements and interactive features) or the Services are owned or controlled
for these purposes, and are reserved by NightLight PTY LTD or its contributors.
b) All trademarks, service marks and trade names are owned, registered and/or licensed by
NightLight PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable
license whilst you are a Member to:
- use the Application pursuant to the Terms;
- copy and store the Application and the material contained in the Application in your
device's cache memory; and
- print pages from the Application for your own personal and non-commercial use.
- use the Application solely for your personal, non-commercial purposes and not for
any business or commercial activities;
NightLight PTY LTD does not grant you any other rights whatsoever in relation to the
Application or the Services. All other rights are expressly reserved by NightLight PTY LTD.
c) NightLight PTY LTD retains all rights, title and interest in and to the Application and all
related Services. Nothing you do on or in relation to the Application will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark
or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process),
to you.
d) You may not, without the prior written permission of NightLight PTY LTD and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change in any way the
Services or third party Services for any purpose, unless otherwise provided by these
Terms. This prohibition does not extend to materials on the Application, which are freely
available for re-use or are in the public domain.
8. Privacy
NightLight PTY LTD takes your privacy seriously and any information provided through your use
of the Application and/or Services are subject to NightLight PTY LTD's Privacy Policy, which is
available at www.nightlight.com.au. NightLight reserves the right to modify, update, or change its
Privacy Policy from time to time. Users will be notified of any material changes to the Privacy
Policy and continued use of the Application after such changes constitutes acceptance of the
updated Privacy Policy.
9. General Disclaimer
a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
b) Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
- NightLight PTY LTD will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable resulting from
our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity,
or damage to goodwill arising out of or in connection with the Services or these
Terms (including as a result of not being able to use the Services or the late supply
of the Services), whether at common law, under contract, tort (including
negligence), in equity, pursuant to statute or otherwise.
c) Use of the Application and the Services is at your own risk. Everything on the Application
and the Services is provided to you "as is" and "as available" without warranty or condition
of any kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of NightLight PTY LTD make any express or implied representation or warranty
about the Services or any products or Services (including the products or Services of
NightLight PTY LTD) referred to on the Application. This includes (but is not restricted to)
loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the
Services, or any of its Services related products (including third party material and
advertisements on the Application);
- costs incurred as a result of you using the Application, the Services or any of the
products of NightLight PTY LTD; and
- the Services or operation in respect to links which are provided for your
convenience.
10. Limitation of liability
a) NightLight PTY LTD's total liability arising out of or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in equity,
under statute or otherwise, will not exceed the resupply of the Services to you.
b) You expressly understand and agree that NightLight PTY LTD, its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred by you,
however caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
c) You expressly acknowledge and agree that shall not be liable for any loss or damage
arising from your failure to comply with these Terms or to take all necessary precautions to
ensure that any material you may download or otherwise obtain through your use of the
Application is free of viruses or other harmful components.
11. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users
for a commercial gain, whether business users or domestic users, then you are a competitor of
NightLight PTY LTD. Competitors are not permitted to use or access any information or content
on our Application. If you breach this provision, NightLight PTY LTD will hold you fully responsible
for any loss that we may sustain and hold you accountable for all profits that you might make from
such a breach.
12. Termination of Contract
a) The Terms will continue to apply until terminated by either you or by NightLight PTY LTD as
set out below.
b) If you want to terminate the Terms, you may do so by:
- providing NightLight PTY LTD with 7 days' notice before your next billing date of
your intention to terminate; and
- closing your accounts for all of the services which you use, where NightLight PTY
LTD has made this option available to you.
Your notice should be sent, in writing, to NightLight PTY LTD via the 'Contact Us' link on
our homepage.
c) NightLight PTY LTD may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or NightLight Community Guidelines;
- NightLight PTY LTD is required to do so by law;
- The provision of the Services to you by NightLight PTY LTD is, in the opinion of
NightLight PTY LTD, no longer commercially viable.
- The user fails to pay any fees or charges associated with the Services when due;
d) Subject to local applicable laws, NightLight PTY LTD reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole discretion, your
access to all or any portion of the Application or the Services without notice if you breach
any provision of the Terms or any applicable law or if your conduct impacts NightLight PTY
LTD's name or reputation or violates the rights of those of another party.
13. Indemnity
You agree to indemnify NightLight PTY LTD, its affiliates, employees, agents, contributors, third
party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
your content;
b) any direct or indirect consequences of you accessing, using or transacting on the
Application or attempts to do so; and/or
c) any breach of the Terms.
14. Dispute Resolution
14.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
14.2 Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.
14.3 Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)
must:
a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually agree;
b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the Australian Mediation
Association;
c) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a precondition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
d) The mediation will be held in Sydney, Australia.
14.4 Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.
14.5 Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.
14.6 The Parties agree that any legal action arising out of or relating to these Terms must
be filed within one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred.
15. Venue and Jurisdiction
The Services offered by NightLight PTY LTD is intended to be viewed by residents of Australia. In
the event of any dispute arising out of or in relation to the Application, you agree that the
exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
16. Governing Law:
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the
rights created hereby shall be governed, interpreted and construed by, under and pursuant to the
laws of New South Wales, Australia, without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is not contested. The
Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.