Terms of Use
1. Agreement, eligibility and your account
By creating an account or using Noshdex, you agree to these Terms, our Privacy Policy and our community rules; if you don't agree, please don't use Noshdex.
Noshdex (the "Service") is operated by Lucas Nicholas, an individual based in Victoria, Australia ("Noshdex", "we", "us").
Who can use Noshdex: you must be at least 16 years old, able to form a binding agreement, and not barred from using the Service by law or by a previous ban from us.
Your account:
- Sign in with Apple or Google, and keep that account secure. You're responsible for activity on your Noshdex account.
- Give accurate information and don't impersonate anyone. Usernames must not be misleading, offensive or infringe someone else's rights, and we may reclaim a username that does.
- One person, one personal account. Don't buy, sell or transfer accounts.
- Tell us at support@noshdex.com if you think your account has been compromised.
- You can delete your account at any time in Settings.
2. Your content and community rules
You own what you post, you give us permission to show it in Noshdex, and you agree to keep it honest and respectful; we have zero tolerance for objectionable content and abusive users.
Your content: you own the logs, ratings, notes, photos, lists and comments you post ("your content"). You give Noshdex a worldwide, non-exclusive, royalty-free licence to host, store, display, reproduce, adapt (for example, resizing photos) and distribute your content to run, improve and promote the Service, as your privacy settings allow. For example, we may feature a public review or list in the app or on Noshdex's social media, credited to your username. This licence ends when you delete the content or your account, except for copies others have already shared or legally required records. You confirm you have the right to post your content, including any photos and anyone recognisable in them.
Community rules. Don't post or do anything that:
- is fake, paid for, or misleading, including reviews of places you haven't been, reviews of your own business or a competitor's, or reviews in exchange for free food or payment without clearly saying so;
- is hateful, harassing, threatening, sexually explicit, violent, or encourages self-harm or illegal activity;
- reveals someone's private information, or targets restaurant staff or other users personally;
- is defamatory: share honest opinions about your experience, not false statements of fact;
- infringes copyright, trade marks or other rights (only post photos you took or have permission to use);
- is spam, advertising, or not about food and drink places;
- tries to hack, scrape, overload or reverse-engineer the Service, create fake accounts, or manipulate ratings, followers or likes;
- breaks any law.
Moderation, reporting and blocking: you can report any log, comment or user, and block anyone. We review reports, usually within 24 hours, and may remove content or restrict, suspend or ban accounts that break these rules, with or without notice. We aren't obliged to monitor everything posted, and content reflects the views of the person who posted it, not Noshdex.
Ratings and businesses: ratings and reviews are users' personal opinions. Noshdex doesn't accept payment to change, remove or reorder ratings. Any paid placement will always be clearly labelled as "Featured" or "Sponsored". Businesses with concerns about content can contact support@noshdex.com.
3. Noshdex Pro
Pro is an optional, auto-renewing subscription bought through Apple, which you can cancel any time in your Apple ID settings.
- Plans and price: Pro is available monthly or yearly at the prices shown in the app before you buy. Prices include GST where applicable.
- Free trial: new subscribers may get a free trial. Unless you cancel at least 24 hours before it ends, your subscription starts and you'll be charged. Trials are one per person.
- Auto-renewal: your subscription renews automatically at the end of each period, and Apple charges your Apple ID within 24 hours before renewal, unless you turn off auto-renew at least 24 hours before the period ends.
- Cancelling: go to iPhone Settings → [your name] → Subscriptions → Noshdex. You keep Pro until the end of the period you've paid for. Deleting the app or your account doesn't cancel your subscription.
- Refunds: payments are handled by Apple, so refund requests go to Apple at reportaproblem.apple.com. Nothing in these Terms limits your rights under the Australian Consumer Law.
- Price changes: we'll give you notice before any price increase, and Apple will ask for your consent where required. You can cancel before it takes effect.
- Changes to features: we may add, change or remove Pro features over time. If we remove something significant, we'll tell you in advance.
- Restore purchases: use "Restore purchases" on the Pro page to reconnect a subscription on a new device.
4. Third-party services, disclaimers and liability
Place details come from Google and may be wrong, Noshdex is provided as is, and our liability is limited as far as the law allows, without taking away your rights under the Australian Consumer Law.
Google Maps and other services: Noshdex uses Google Maps Platform for place search, details and photos. By using Noshdex you also agree to the Google Maps/Google Earth Additional Terms of Service and acknowledge the Google Privacy Policy. Sign-in, payments and other features are provided by Apple, Google and other third parties under their own terms. We're not responsible for their services.
Place information: opening hours, addresses, prices, photos, cuisines and ratings may be out of date or wrong. Always check with the venue, especially about allergies and dietary needs. Noshdex isn't affiliated with, or endorsed by, the restaurants listed.
Use at your own risk: the Service is provided "as is" and "as available". We don't guarantee it will be uninterrupted, error-free or that your content will never be lost, so keep your own copy using Export if it matters to you. We aren't responsible for other users' content or behaviour, or for your experiences at any venue.
Australian Consumer Law: our services come with guarantees that can't be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those guarantees or any other rights you have that can't legally be excluded.
Limitation of liability: to the extent permitted by law, Noshdex isn't liable for indirect or consequential loss, or loss of data, profits or goodwill, and our total liability to you for any claim is limited to the greater of the amount you paid us in the 12 months before the claim or A$100. Where our liability for failing to meet a consumer guarantee can be limited, it's limited to supplying the service again or paying for it to be supplied again.
Indemnity: to the extent permitted by law, you agree to cover our reasonable costs if a claim is made against us because of content you posted or your breach of these Terms.
Our app: apart from your content, Noshdex, including its name, logo, design and code, belongs to us. We give you a personal, non-transferable licence to use the app for your own non-commercial use.
5. Suspension, changes, law and contact
We can suspend accounts that break these Terms, we'll tell you before major changes, and Victorian law applies.
Suspension and ending: you can stop using Noshdex and delete your account at any time. We may suspend or close your account, or remove content, if you break these Terms, if required by law, or to protect users or the Service. Where reasonable, we'll tell you why and give you a chance to respond. If we close the Service entirely, we'll give reasonable notice so you can export your diary.
Changes to these Terms: we may update these Terms. For significant changes, we'll tell you in the app at least 14 days before they take effect. If you keep using Noshdex after that, the new Terms apply; if you don't agree, you can delete your account.
Apple App Store: these Terms are between you and Noshdex, not Apple. Apple isn't responsible for the app or its content, has no obligation to provide support or maintenance, and isn't responsible for any claims relating to the app (including product liability, legal compliance or intellectual property claims). If the app fails to meet an applicable warranty, you can notify Apple, which may refund the purchase price of the app (if any); to the extent permitted by law, Apple has no other warranty obligation. You confirm you aren't in a country subject to a US Government embargo and aren't on a US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Disputes and governing law: please contact us first so we can try to resolve any issue informally. These Terms are governed by the laws of Victoria, Australia, and you and we submit to the courts of Victoria, without limiting any rights you have under the laws of the country where you live.
General: if part of these Terms can't be enforced, the rest still applies. If we don't enforce a term straight away, we haven't waived it. You can't transfer your rights under these Terms; we may transfer ours as part of a sale or restructure of Noshdex.
Contact: Lucas Nicholas (Noshdex), Victoria, Australia · support@noshdex.com