SPIRTIX TERMS OF USE

SPIRTIX is operated during this pilot by Andrea Camerotto. In these Terms, "SPIRTIX", "we", "us" and "our" refer to the operator of the SPIRTIX platform.

Please read these Terms carefully before using SPIRTIX.

1. Acceptance and eligibility

These Terms apply to the SPIRTIX website, web application, accounts, profiles, user-created Sessions and related communication features, collectively referred to as the Platform.

By creating an account, publishing or responding to a Session, contacting another user or selecting "I agree", you confirm that:

• you have read and accepted these Terms;
• you have read the SPIRTIX Privacy Policy;
• you are at least 18 years old; and
• you are legally capable of entering into this agreement.

The Thredbo pilot is for adults only. You must not create an account or Session for a person under 18 or use SPIRTIX to arrange an unsupervised meeting involving a minor.

2. What SPIRTIX provides

SPIRTIX provides digital tools that allow independent adult users to:

• create user-generated Sessions;
• describe their self-assessed skiing level and preferred skiing style;
• select a meeting point and approximate time;
• discover Sessions created by other users; and
• contact other users using the available communication features.

SPIRTIX does not organise, arrange, host, lead, supervise, monitor or control any meeting, Session or skiing activity.

SPIRTIX does not provide:

• ski instruction;
• guiding or coaching;
• safety supervision;
• ski patrol or emergency services;
• equipment, transport, accommodation or lift access;
• professional advice; or
• organised sporting events.

SPIRTIX does not choose participants, form groups, appoint leaders, select ski runs, prepare itineraries, determine whether conditions are safe or control what users do after making contact.

3. User-created Sessions

A Session is a user-created request to connect with other users. A Session is not:

• a lesson or guided tour;
• professional instruction;
• a commercial service supplied by SPIRTIX;
• an organised event hosted by SPIRTIX;
• a SPIRTIX-managed group; or
• a guarantee that any meeting or activity will occur.

The creator of a Session is not an employee, agent, guide, representative or authorised leader of SPIRTIX.

All communication, meetings and activities arising from a Session are arranged and undertaken independently by the users involved.

4. No affiliation with ski resorts

Unless expressly stated otherwise on the Platform, SPIRTIX is not affiliated with, endorsed by, sponsored by, operated by or officially associated with any:

• ski resort;
• lift operator;
• tourism organisation;
• mountain authority;
• venue operator;
• ski patrol;
• instructor;
• guide;
• coach; or
• ski school.

Resort, lift, trail and meeting-point names are used solely for geographic identification and practical reference. The use of names such as Thredbo, Friday Flat, Merritts or Valley Terminal does not mean that the relevant resort or organisation approves, supervises or accepts responsibility for SPIRTIX, its users or any Session.

Users must comply independently with all resort rules, lift-pass conditions, closures, signs, instructions and safety requirements.

5. Self-declared information

Information displayed in profiles and Sessions is supplied by users. Unless expressly stated otherwise, SPIRTIX does not independently verify:

• a user's identity or age;
• photographs or profile information;
• skiing ability or experience;
• physical or medical fitness;
• qualifications or professional status;
• equipment, lift passes or insurance;
• contact details; or
• suitability to meet or ski with another person.

Skiing levels and descriptions are self-assessments. They are not professional evaluations, safety certifications or guarantees of compatibility.

SPIRTIX does not promise that users with the same displayed level will have the same ability, speed, judgment or behaviour.

6. User responsibility

You are responsible for deciding:

• whether to contact or meet another user;
• what personal information to disclose;
• whether another user appears suitable;
• whether to begin or continue skiing together;
• which terrain or ski runs to use;
• what speed and skiing style are appropriate;
• whether weather, snow and visibility conditions are suitable;
• whether your equipment and physical condition are adequate; and
• when to leave or stop participating.

You must ski within your own ability and exercise your own judgment. You should begin on terrain that is comfortable for all users and stop skiing with another person if you feel unsafe, uncomfortable or unable to keep up.

Information available through SPIRTIX does not replace professional instruction, official resort information, ski-patrol advice, signs, closures, weather warnings or emergency guidance.

7. Important risk warning

WARNING: SKIING AND SNOWBOARDING INVOLVE SIGNIFICANT RISKS

Skiing, snowboarding and related mountain activities may cause serious injury, permanent disability or death. Risks include, but are not limited to:

• falls and loss of control;
• collisions with other people;
• collisions with trees, rocks, barriers, buildings, vehicles or equipment;
• ice, exposed ground and changing snow conditions;
• poor visibility and severe or rapidly changing weather;
• speed, fatigue and altitude;
• equipment or lift failure;
• natural and artificial obstacles;
• closed, restricted or unsuitable terrain;
• another user's actions, lack of ability or poor judgment;
• inaccurate or misleading user information;
• separation from another user; and
• delayed rescue or medical assistance.

Meeting a person first encountered online also involves personal-safety risks.

Some risks are obvious and inherent in the activity. Other risks may not be known or foreseeable when you decide to participate.

By using SPIRTIX in connection with skiing, snowboarding or another recreational activity, you acknowledge these risks and voluntarily decide whether to participate.

This notice is intended to operate as a risk warning for the purposes of the Civil Liability Act 2002 (NSW) to the extent that the legislation applies.

You may cancel, leave or stop participating at any time.

8. Personal safety

When meeting another user, you should:

• meet in a public and populated place;
• tell someone you trust where you are going;
• keep independent access to your telephone and transport;
• avoid sharing unnecessary personal or financial information;
• begin with easy terrain;
• never pressure another user to attempt unsuitable terrain; and
• leave immediately if you feel unsafe.

SPIRTIX is not an emergency, rescue or real-time monitoring service. Reports submitted to SPIRTIX may not be reviewed immediately. In an emergency, contact the relevant ski patrol, resort staff or emergency service directly.

9. User conduct

You must use SPIRTIX lawfully and respectfully. You must not:

• harass, threaten, stalk or intimidate another person;
• publish fraudulent or materially misleading information;
• deliberately misrepresent your skiing level;
• impersonate another person or organisation;
• facilitate use by a minor;
• use SPIRTIX to arrange illegal activity;
• pressure users to ski beyond their ability;
• encourage entry into closed or restricted terrain;
• participate while materially impaired by alcohol or drugs;
• publish another person's private information without permission;
• use contact details for spam or unrelated marketing;
• interfere with the Platform's security or operation;
• introduce malicious software;
• scrape or systematically collect user information; or
• use the pilot to advertise unauthorised lessons, guiding, tours or other paid services.

Users must not suggest that SPIRTIX has verified, authorised or endorsed their qualifications or services.

10. Contact through WhatsApp and external services

Where a user voluntarily provides a telephone or WhatsApp number, the user authorises SPIRTIX to make that information available through the Platform for the purpose of arranging contact.

When communication moves to WhatsApp or another external service:

• the third party's terms and privacy rules apply;
• SPIRTIX does not control the messages exchanged;
• SPIRTIX may be unable to view or investigate those messages; and
• users are responsible for blocking or reporting inappropriate contact through the relevant service.

WhatsApp and its operator are not affiliated with or sponsors of SPIRTIX unless expressly stated otherwise.

11. User content and privacy

You retain ownership of information and content you submit to SPIRTIX. You grant SPIRTIX a limited, non-exclusive licence to host, store, display and process that content as reasonably necessary to:

• operate the Platform;
• display profiles and Sessions;
• enable communication;
• investigate reports;
• protect users and the Platform; and
• comply with legal obligations.

You confirm that you have the right to submit your content and that it is not unlawful, materially misleading or an infringement of another person's rights.

Personal information is handled in accordance with the SPIRTIX Privacy Policy.

12. Reports, moderation and suspension

SPIRTIX does not review or supervise every profile, Session, meeting or interaction.

SPIRTIX may investigate reports and take reasonable action where necessary to protect users, enforce these Terms, secure the Platform or comply with law. This may include:

• removing content or a Session;
• warning a user;
• restricting functionality;
• suspending or closing an account; or
• preserving or providing information where legally required.

Immediate action may be taken where SPIRTIX reasonably believes there is a safety, security, fraud or legal risk.

Moderation does not mean that SPIRTIX assumes responsibility for supervising users or Sessions.

13. Pilot availability

SPIRTIX is currently a free pilot and beta service. Features may be incomplete, modified or temporarily unavailable. Technical errors, delays, interruptions or data-display problems may occur.

SPIRTIX will take reasonable steps to operate and protect the Platform but does not guarantee:

• uninterrupted or error-free availability;
• that every Session will be displayed correctly;
• successful contact between users;
• that a user will attend a meeting; or
• that all user information is accurate.

SPIRTIX may modify or discontinue the pilot where reasonably necessary. Users will be informed of material changes where reasonably practicable.

14. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or another applicable law.

Nothing in these Terms excludes responsibility for fraud, deliberate wrongdoing, reckless conduct or any other liability that cannot legally be excluded.

To the extent that SPIRTIX supplies recreational services and the law permits it, any exclusion or limitation relating to recreational activities is intended to operate under section 139A of the Competition and Consumer Act 2010 and sections 5M and 5N of the Civil Liability Act 2002 (NSW). This provision applies only to the extent that those sections legally apply to SPIRTIX and the particular circumstances.

15. Limitation of responsibility

Subject to section 14 and to the maximum extent permitted by law, SPIRTIX is not responsible for harm, loss or damage resulting from:

• the independent conduct of a user;
• inaccurate or incomplete user information;
• a user's skiing-level self-assessment;
• a decision to communicate with or meet another user;
• skiing or snowboarding undertaken after users make contact;
• terrain, route, speed, equipment or weather choices;
• another user failing to attend;
• communications occurring outside the Platform;
• third-party platforms or services; or
• circumstances outside SPIRTIX's reasonable control.

SPIRTIX does not guarantee the identity, behaviour, ability, fitness, safety or compatibility of any user.

Where liability cannot legally be excluded, it is limited only to the maximum extent permitted by applicable law.

16. Responsibility for your conduct

You remain responsible for your own unlawful, fraudulent or deliberately harmful conduct.

To the extent permitted by law, you agree to compensate SPIRTIX for reasonable loss arising directly from a third-party claim caused by:

• your unlawful use of the Platform;
• your fraudulent or deliberate breach of these Terms;
• content you had no right to publish; or
• your infringement of another person's rights.

This does not apply to the extent that the relevant loss was caused or contributed to by SPIRTIX's own negligence, unlawful conduct or breach of these Terms.

17. Account deletion and termination

You may stop using SPIRTIX and request deletion of your account at any time.

SPIRTIX may suspend or terminate an account where reasonably necessary because:

• these Terms have been seriously or repeatedly breached;
• the user may be under 18;
• the account creates a safety or security risk;
• the account appears fraudulent or compromised;
• the Platform is being used unlawfully; or
• the pilot is discontinued.

Where appropriate and reasonably practicable, SPIRTIX will provide notice or an explanation.

18. Changes to these Terms

SPIRTIX may update these Terms to reflect changes to the Platform, the pilot, safety requirements or applicable law. Material changes will be identified by an updated effective date or version number.

Where renewed consent is reasonably required, users may be asked to accept the updated Terms before continuing to use the Platform.

A user who does not accept an updated version may stop using SPIRTIX and request account deletion.

19. Governing law

These Terms and the Thredbo pilot are governed by the laws of New South Wales and the applicable laws of the Commonwealth of Australia. The courts of New South Wales have non-exclusive jurisdiction.

This section does not remove any mandatory legal protection that applies to a user.

20. General

These Terms and the Privacy Policy constitute the agreement governing use of the Platform.

If any provision is invalid or unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue to operate.

No employment, partnership, agency, joint venture or fiduciary relationship is created between SPIRTIX and any user or between users.

A failure by SPIRTIX to enforce a provision immediately does not waive the right to enforce it later.

21. Contact

Questions, complaints and safety reports may be sent to:

SPIRTIX
Email: spirtixteam@gmail.com
Website: www.spirtix.app

For accidents, emergencies or immediate mountain-safety concerns, contact ski patrol, the resort operator or the appropriate emergency service directly.

Safety confirmation

I confirm that I am 18 or older. I understand that skiing involves a risk of serious injury or death, that user profiles and skiing levels are self-declared, and that SPIRTIX does not organise, supervise or control any meeting or skiing activity.

I have read and accept the Terms of Use and Privacy Policy.