Terms of Service

Last Updated: 01 November 2025 | Version: 1.0

1. INTRODUCTION

Welcome to Harley (“Platform”), a community-based mobile application owned and operated by Harley Studio Pty Ltd (ABN: 24 688 789 184) (“Company”, “Harley”, “we”, “us”, or “our”).

These Terms of Service (“Terms”) govern your access to and use of the Harley mobile application, website, and related services (collectively, the “Services”). The Platform connects people through sports and social events, facilitates event and group organisation, and enables community building.

By downloading, installing, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Community Standards, and Payment Policy. If you do not agree, you must immediately cease using the Platform.

2. DEFINITIONS

Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)

Consumer has the meaning given in the Australian Consumer Law

Content means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials

Group Organiser means a Member who creates and manages groups and events on the Platform

Intellectual Property Rights means all present and future intellectual property rights throughout the world

Member means any person who has registered for an account on the Platform

Personal Information has the meaning given in the Privacy Act 1988 (Cth)

Platform means the Harley mobile application, website, and all related services

User Content means any Content uploaded, posted, or shared by Members

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirements

You must be at least 16 years of age to use our Services. If you are between 16-18 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

By agreeing to these Terms, you represent and warrant that:

  • You have the legal capacity to enter into a binding agreement
  • Your use of the Platform complies with all applicable laws and regulations
  • If registering on behalf of an organisation, you have authority to bind that organisation to these Terms
  • All information you provide is accurate, current, and complete

3.3 Account Security

To access certain features, you must register for an account. You agree to:

  • Provide accurate, current, and complete registration information
  • Maintain and update your information to keep it accurate and complete
  • Maintain the confidentiality of your account credentials
  • Notify us immediately of any unauthorised use of your account
  • Accept responsibility for all activities under your account
  • Use only one account unless expressly permitted by us

3.4 Prohibited Users

You may not create an account if you:

  • Have been previously banned or suspended from the Platform
  • Are a competitor seeking to access our proprietary information
  • Intend to use the Platform for illegal or unauthorised purposes
  • Have provided false or misleading information during registration

4. PLATFORM SERVICES

4.1 Service Description

Harley provides tools for club and event management, competition organisation, community engagement, and social networking.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at our discretion. We will provide reasonable notice of material changes affecting paid services.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Harley’s Intellectual Property

The Platform and all Content, features, and functionality are owned by Harley, our licensors, or Content providers and are protected by Australian and international copyright, trademark, patent, trade secret, and other Intellectual Property Rights.

You acknowledge that all proprietary rights in the Platform belong to Harley. The “Harley” name, logo, and related marks are our trademarks. You acquire no ownership rights in the Platform or any Content.

5.2 Limited Licence to Use Platform

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for its intended purpose. This licence automatically terminates upon termination of your account or breach of these Terms.

You must not:

  • Copy, modify, distribute, sell, or lease any part of the Platform
  • Reverse engineer, decompile, or attempt to extract source code
  • Remove or alter any proprietary notices or labels
  • Use our trademarks without prior written consent
  • Use automated systems to access or collect data from the Platform
  • Attempt to circumvent any security measures

5.3 User Content Licence

You retain ownership of User Content you post. However, by posting User Content, you grant Harley a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, and display such Content solely for providing and improving the Platform services.

This licence terminates when you delete Content or close your account. We will not use your Content for advertising without consent or sell your Content to third parties for their independent use.

We respect Intellectual Property Rights. If you believe Content infringes your copyright, please contact us with a description of the copyrighted work, location of the allegedly infringing material, your contact information, and a statement of good faith belief and accuracy. Contact details are provided in Section 19.

6. USER CONDUCT AND COMPLIANCE

6.1 Community Standards

Your use of the Platform is subject to our Community Standards and Guidelines, which are incorporated into these Terms by reference and may be updated from time to time. You must comply with all applicable laws, regulations, these Terms, and our Community Standards.

6.2 Platform Security and Integrity

You must not:

  • Attempt unauthorised access to accounts, systems, or data
  • Use automated tools, bots, or scrapers to access the Platform
  • Interfere with Platform operation, security, or performance
  • Circumvent access restrictions or security measures
  • Extract or harvest user data without authorisation
  • Use the Platform to compete directly with Harley’s business
  • Engage in activities that compromise Platform integrity or security

6.3 Enforcement and Appeals

We reserve the right to monitor User Content, investigate potential violations, remove Content, suspend or terminate accounts, report illegal activities to authorities, and take any action necessary to protect the Platform and community.

If you believe enforcement action was taken in error, you may appeal through the process outlined in our Community Standards. Our decision on appeals is final, subject to your applicable legal rights.

7. GROUPS, EVENTS, AND ORGANISER RESPONSIBILITIES

7.1 Creating and Managing Groups

Group Organisers must provide accurate group information, ensure compliance with laws and these Terms, establish clear group rules, moderate Content and Members appropriately, and maintain active group management.

7.2 Event Organisation

When creating events, Organisers must:

  • Provide accurate event information (location, time, requirements)
  • Ensure events comply with all applicable laws
  • Clearly communicate fees, costs, and requirements
  • Honour event details and communicate changes promptly
  • Take reasonable safety precautions
  • Obtain necessary permits and insurance
  • Comply with venue requirements and regulations

For events involving physical activity or potential risk, participants must accept our Release Waiver, which is incorporated into these Terms by reference. Event Organisers may also require participants to accept additional release and waiver agreements specific to their events.

7.3 Organiser Liability and Indemnification

Group Organisers acknowledge that they are solely responsible for their groups and events, must comply with all applicable laws, are liable for any damages arising from their activities, must maintain appropriate insurance coverage, and will indemnify Harley for claims related to their activities.

7.4 Event Cancellations

Organisers may cancel events due to force majeure events, insufficient participation, safety concerns, or legal requirements. Refund policies for cancelled events are determined by Organisers, subject to applicable consumer protection laws and our Cancellation and Refund Policy.

8. PAYMENTS AND FEES

All payment-related terms, including Platform subscription fees, event and group payment processing, payment methods, and Organiser payment terms, are governed by our Payment Policy, which is incorporated into these Terms by reference.

All cancellation and refund terms, including refund eligibility, procedures, disputes, and timeframes, are governed by our Cancellation and Refund Policy, which is incorporated into these Terms by reference.

By using payment features on the Platform, you agree to our Payment Policy and Cancellation and Refund Policy, and authorise us to collect, hold, and process payments on behalf of Group Organisers and for Platform services.

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy and Cookie Policy, incorporated into these Terms by reference, govern how we collect, use, store, and disclose your information, including through cookies and tracking technologies. By using the Platform, you consent to the data practices described in our Privacy Policy and Cookie Policy.

9.2 Data Protection Compliance

We are committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth), Australian Privacy Principles, General Data Protection Regulation (GDPR) for EU users, and other applicable data protection laws.

Your privacy rights, including rights to access, correct, delete, or port your data, are detailed in our Privacy Policy. Contact details for privacy inquiries are provided in Section 19.

10. THIRD-PARTY CONTENT AND SERVICES

The Platform may integrate with or display third-party content, services, or websites. We do not control, endorse, or assume responsibility for any third-party content or services. Your use of third-party services is subject to their respective terms and conditions.

We expressly disclaim all liability for third-party content, including accuracy, availability, security, or any damages arising from use. Links to external websites are provided for convenience only.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

11.1 Platform Availability

The Platform is provided “as is” and “as available.” We do not guarantee uninterrupted or error-free operation, freedom from viruses or harmful components, accuracy or completeness of Content, compatibility with all devices, or specific uptime standards.

11.2 Member Interactions

We are not responsible for interactions between Members, the conduct or safety of Members, accuracy of Member information, or off-platform activities. You acknowledge that you participate in events and groups at your own risk, are responsible for your own safety and decisions, and understand that we do not screen or verify Member information.

Participation in certain events may require acceptance of additional terms, including our Event Participation and Release Waiver, which is incorporated into these Terms by reference. Event Organisers may also require participants to accept separate release and waiver agreements.

11.3 Limitation of Liability

Subject to applicable law and Section 11.5 below, we are not liable for indirect, incidental, special, or consequential damages; loss of profits, revenue, data, or business opportunities; personal injury or property damage from Platform use; actions or omissions of other Members; third-party content or services; or force majeure events.

Our total liability for any claims related to the Platform shall not exceed the greater of $100 AUD or the amount you paid to us in the 12 months preceding the claim.

11.4 Disclaimer of Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement of third-party rights, and that the Platform will meet your requirements.

11.5 Australian Consumer Law Compliance

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, or right that you may have under the Australian Consumer Law or other applicable consumer protection laws that cannot be lawfully excluded.

For Australian Consumers, where the Australian Consumer Law applies, our liability for failure to comply with a consumer guarantee is limited to (at our option): for goods, replacement, repair, or refund; for services, re-supply or refund of the cost of re-supply. This limitation applies only where permitted by law.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Harley, its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your use of the Platform
  • Your User Content
  • Your violation of these Terms or any law or third-party rights
  • Your activities as a Group Organiser or any events you organise
  • Any disputes with other Members

We will notify you of any claim subject to indemnification and may assume control of the defence and settlement.

13. TERMINATION

13.1 Termination by You

You may terminate your account at any time by following the account deletion process in your settings or contacting us with a termination request.

13.2 Termination by Us

We may terminate or suspend your account immediately, with or without notice, for violation of these Terms, illegal or harmful behaviour, inactivity for extended periods, business or operational reasons, or to protect the safety and integrity of the Platform.

13.3 Effect of Termination

Upon termination, your right to use the Platform immediately ceases, we may delete your account and User Content, outstanding payment obligations remain, and survival provisions continue to apply. We may retain information as required by law or legitimate business purposes.

13.4 Survival

The following provisions survive termination: Intellectual Property Rights, Payment obligations, Release Waiver, Indemnification, Limitation of Liability, Governing Law and Dispute Resolution, and any other provisions that by their nature should survive.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict of law principles. If you are a Consumer under the Australian Consumer Law, certain provisions may be subject to applicable consumer protection laws.

14.2 Jurisdiction

For Business Users, any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia. For Consumers, nothing prevents you from bringing proceedings in a court of competent jurisdiction in your place of residence.

14.3 Dispute Resolution Process

Before commencing formal proceedings, the parties agree to attempt resolution through:

Step 1: Direct Communication (30 days) Contact us describing the dispute. We will investigate and respond within 10 business days and attempt good faith resolution.

Step 2: Mediation (60 days) If unresolved, either party may request mediation. Mediator selection by mutual agreement or relevant professional body. Mediation costs shared equally unless otherwise agreed.

Step 3: Formal Proceedings If mediation fails, either party may commence formal proceedings subject to jurisdiction provisions above.

14.4 Class Action Waiver

For Business Users, you agree that disputes will be resolved individually and waive any right to participate in class action lawsuits. For Consumers, this waiver does not apply where prohibited by applicable consumer protection laws.

14.5 Emergency Relief

Nothing in this section prevents either party from seeking emergency injunctive relief to protect rights or prevent irreparable harm.

15. ELECTRONIC SIGNATURES AND COMMUNICATIONS

15.1 Electronic Signature Validity

You agree that electronic signatures, including but not limited to clicking acceptance buttons (such as “I agree,” “Accept,” “All Good,” or similar), checking acceptance boxes, email confirmations, and digital consent mechanisms, have the same legal force and effect as handwritten signatures. This agreement complies with the Electronic Transactions Act 2000 (Vic), Electronic Transactions Act 1999 (Cth), and similar laws in other jurisdictions.

Both parties acknowledge and agree that any affirmative electronic action indicating acceptance of these Terms constitutes a legally binding signature, regardless of the specific wording used in the acceptance mechanism.

You consent to receive all communications from us electronically, including notices about these Terms, account information, legal disclosures, and other communications. Electronic communications satisfy any legal requirement for written communication and will be delivered via email, in-app notifications, or posting on the Platform.

16. INTERNATIONAL COMPLIANCE AND ENFORCEABILITY

16.1 Global Application

These Terms are designed for global enforceability while respecting local law requirements. Where local laws require modifications, those modifications apply only in the relevant jurisdiction.

16.2 Jurisdiction-Specific Provisions

European Union: GDPR compliance provisions apply to EU users. Additional data protection rights may be available. Unfair contract terms regulations may override certain provisions.

United States: State-specific consumer protection laws may apply. COPPA compliance for users under 13 (service not available to such users). Specific state privacy laws may grant additional rights.

Other Jurisdictions: Local consumer protection and privacy laws may grant additional rights. Specific provisions may be unenforceable where prohibited by local law. Alternative dispute resolution mechanisms may be required.

16.3 Severability

If any provision is found unenforceable in a particular jurisdiction, the provision will be modified to the minimum extent necessary for enforceability, the remainder of the Terms remain in full effect, and the unenforceable provision remains valid in other jurisdictions.

17. UPDATES AND MODIFICATIONS

17.1 Changes to Terms

We may update these Terms to reflect changes in applicable laws, new Platform features or services, improved user protection, or business requirements.

17.2 Notice of Changes

For material changes, we will provide at least 30 days’ notice via email or Platform notification. Changes will be highlighted in the updated Terms. Continued use after the effective date constitutes acceptance.

For minor changes, we will post updated Terms on the Platform. Changes take effect immediately upon posting and we will update the “Last Updated” date.

17.3 Rejection of Changes

If you do not agree to material changes, you may terminate your account before the effective date. Continued use constitutes acceptance of the changes.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Community Standards, Payment Policy, Cancellation and Refund Policy, Cookie Policy, and Event Participation and Release Waiver (where applicable), and any additional terms for specific features, constitute the entire agreement between you and Harley regarding the Platform and supersede all prior agreements and understandings.

18.2 Waiver

No waiver of any term or condition shall be deemed a continuing waiver or waiver of any other term. Our failure to assert any right or provision does not constitute a waiver of that right or provision.

18.3 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor entity without restriction. Any attempted assignment in violation of this section is void.

18.4 No Third-Party Beneficiaries

These Terms are solely for the benefit of the parties and do not create any third-party beneficiary rights, except where expressly stated otherwise.

18.5 Relationship of Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Harley. Neither party has authority to bind the other except as expressly provided in these Terms.

18.6 Language

These Terms are drafted in English. Any translations are provided for convenience only, and the English version controls in case of conflicts.

19. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms and the Platform:

Legal Inquiries Email: legal@harleymeets.com For: Legal matters, partnerships, contracts

General Support Email: support@harleymeets.com For: Technical issues, account questions

Privacy Matters Email: privacy@harleymeets.com For: Privacy inquiries, data requests, complaints

Postal Address Harley Studio Pty Ltd (ABN 24 688 789 184) 8B Theresa Street, Sunshine North, VIC 3020, Australia

Response Times:

  • General support: 5 business days
  • Urgent matters: 2 business days
  • Legal inquiries: 5 business days

ACCEPTANCE

By using the Harley Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, Cookie Policy, Community Standards, Payment Policy, Cancellation and Refund Policy, and where applicable, our Release Waiver.

These Terms of Service are effective as of the Last Updated date shown above and apply to all users of the Harley Platform.