Terms of Service

1. Introduction

These Terms of Service ("Terms") are entered into between Countdown Party Pty Ltd (ABN 16 694 687 557) ("Countdown Party", "we", "us", or "our") and you ("you", "your", or "User").

These Terms govern your access to and use of the Countdown Party platform, including our website, applications, and services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. Definitions

In these Terms:

• "Countdown" means a private music countdown event created on the Platform where members can vote on songs and reveal results.
• "Countdown Owner" means the User who creates and administers a Countdown.
• "Member" means a User who has been invited to participate in a Countdown.
• "Content" means any data, text, music selections, votes, or other materials submitted to the Platform.
• "Subscription" means a paid access tier for a Countdown with enhanced features.
• "Fees" means the amounts payable for a Subscription.

3. Platform Description

Countdown Party is a multi-tenant, real-time web application that enables groups to create private "Hottest 100"-style music countdowns. Users can:

• Create and manage private countdown events
• Invite members to participate
• Browse curated song lists and build shortlists
• Cast votes on favourite songs
• Reveal ranked results in real-time
• Export playlists to connected music services (paid feature)

4. Account Registration

4.1 Eligibility

You must be at least 18 years of age to create an account. By registering, you represent and warrant that you meet this age requirement.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

4.3 Email Requirements

You must provide a valid and active email address for communication purposes. It is your responsibility to ensure that the email address associated with your account is kept current and accessible. We rely on email as the primary mode of communication for sending important notifications, updates, billing information, and support-related correspondence.

4.4 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

5. Subscriptions and Fees

5.1 Plans and Pricing

The Platform offers both free and paid tiers. For current plan features and pricing, please see our Pricing page.

5.2 Validity Period

Paid Subscriptions are valid for 90 days from the date of purchase. After the validity period expires, the Countdown will become read-only. You may renew your Subscription to restore full functionality.

5.3 Payment

All Fees are processed through our payment provider. By providing payment information, you authorize us to charge the applicable Fees.

5.4 No Refunds

To the maximum extent permitted by law, all Fees are non-refundable. This includes, without limitation, situations where you choose not to use the Platform, fail to complete your Countdown, or where your account is terminated for breach of these Terms.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

5.5 Price Changes

We reserve the right to change our pricing at any time. Any price changes will not affect existing paid Subscriptions until their renewal.

6. User Content and Conduct

6.1 Your Content

You retain ownership of any Content you submit to the Platform. By submitting Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, display, and distribute that Content solely for the purpose of operating and providing the Platform.

6.2 Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the Platform, other accounts, or computer systems
• Interfere with or disrupt the Platform or servers or networks connected to the Platform
• Upload, transmit, or distribute any viruses, malware, or other harmful code
• Use the Platform to harass, abuse, or harm another person or entity
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Scrape, crawl, or use automated means to access the Platform without our express written permission
• Circumvent any access controls or usage limits on the Platform

6.3 Countdown Owner Responsibilities

If you are a Countdown Owner, you are responsible for the conduct of Members within your Countdown. You must not invite individuals you know or suspect will engage in prohibited conduct.

7. Third-Party Services

7.1 Music Services

The Platform integrates with third-party music services including Spotify. Your use of these integrations is subject to the respective terms and conditions of those services. Features such as playlist export and music previews require you to have an active subscription with the relevant music service.

7.2 No Affiliation

Countdown Party is not affiliated with, endorsed by, or sponsored by any music streaming service, record label, or artist. Song data and metadata displayed on the Platform are sourced from various third-party databases and are provided for informational purposes only.

7.3 Third-Party Terms

Your use of any third-party services accessed through the Platform is at your own risk and subject to the terms and privacy policies of those third parties.

8. Intellectual Property

8.1 Our Rights

The Platform, including its design, features, functionality, and all intellectual property rights therein, is owned by Countdown Party and is protected by Australian and international intellectual property laws.

8.2 Limited Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for your personal, non-commercial use.

8.3 Restrictions

You may not copy, modify, distribute, sell, or lease any part of the Platform, nor may you reverse engineer or attempt to extract the source code of the Platform, unless applicable laws permit such activities or you have our written permission.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Platform, you consent to the collection and use of your information as described in our Privacy Policy.

10. Disclaimers

10.1 Platform Availability

We strive to maintain Platform availability but do not guarantee uninterrupted or error-free operation. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

10.2 No Warranty

To the maximum extent permitted by law, the Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.3 Third-Party Content

We do not warrant the accuracy, completeness, or reliability of any song information, metadata, or other third-party content available through the Platform.

11. Limitation of Liability

11.1 Exclusion of Liability

To the maximum extent permitted by law, Countdown Party, its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Platform.

11.2 Cap on Liability

Our total liability to you for any claims arising out of or relating to these Terms or your use of the Platform will not exceed the greater of: (a) the amount you paid to us in the 12 months preceding the claim; or (b) AUD $100.

11.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

12. Indemnification

You agree to indemnify, defend, and hold harmless Countdown Party and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms; or (c) your violation of any rights of another.

13. Termination

13.1 Termination by You

You may stop using the Platform at any time. If you wish to delete your account, please contact us at the email address provided below.

13.2 Termination by Us

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, breach of these Terms, fraudulent activity, or extended periods of inactivity.

13.3 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. Any provisions of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Changes to Terms

We may amend these Terms at any time by posting the amended Terms on the Platform. We will provide reasonable notice of material changes, which may include email notification or a prominent notice on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the amended Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

15.2 Dispute Resolution

If a dispute arises out of or relates to these Terms, you agree to first attempt to resolve the dispute by contacting us. If the dispute cannot be resolved within 30 days, either party may pursue formal legal proceedings.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Countdown Party regarding the Platform.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

16.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

17. Contact Us

If you have any questions about these Terms, please contact us:

Countdown Party Pty Ltd
ABN: 16 694 687 557
Email: support@countdown-party.com