Terms and Conditions
1. About these Terms
These Terms and Conditions ("Terms") govern your access to and use of the Opener mobile application ("App") and any related website or services (together, the "Service"), operated by [Opener Pty Ltd / ABN to be inserted] ("Opener", "we", "us", or "our").
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the Service.
We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other reasonable means. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
2. About Opener
Opener is a live music discovery app that helps users find and explore live music events in their city. The App provides event information, taste-matched recommendations, audio previews, and links to third-party ticketing providers. Opener does not sell tickets directly.
3. Eligibility
You must be at least 16 years of age to create an account and use the Service. If you are under 18, you confirm that you have obtained the consent of a parent or guardian to use the Service.
By using the App, you represent and warrant that you meet these eligibility requirements.
4. Your Account
4.1 Account creation
You may browse event listings without creating an account. Certain features — including saving events to My Gigs, completing the Soundcheck, and building a taste profile — require an account.
When you create an account, you agree to provide accurate, current, and complete information and to keep your account details up to date.
4.2 Account security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at info@opener.live if you become aware of any unauthorised use of your account.
4.3 Account suspension and termination
We may suspend or terminate your account if you breach these Terms, engage in conduct that is harmful to other users or the Service, or for any other reasonable cause. We will provide notice where practicable. You may delete your account at any time through the App settings or by contacting us.
5. Licence to Use the App
We grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on a device you own or control, for your personal, non-commercial use, in accordance with these Terms.
All intellectual property rights in the App, its content, design, code, and branding (including the name "Opener", the Soundcheck feature, and all visual design elements) remain the property of Opener or its licensors. Nothing in these Terms transfers ownership of any intellectual property to you.
6. Acceptable Use
You agree not to:
- use the Service for any unlawful purpose or in violation of any applicable law;
- attempt to gain unauthorised access to any part of the Service, other users' accounts, or any systems or networks connected to the Service;
- copy, reproduce, distribute, or create derivative works from any part of the Service without our prior written consent;
- use automated scripts, bots, scrapers, or similar tools to access or collect data from the Service;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- upload or transmit any content that is defamatory, obscene, threatening, or otherwise objectionable;
- interfere with or disrupt the Service, or any servers or networks connected to the Service;
- use the Service to send unsolicited communications or spam; or
- reverse-engineer, decompile, or disassemble any part of the App.
We reserve the right to suspend or terminate your access to the Service if you breach any of these requirements.
7. Event Information and Third-Party Services
7.1 Event listings
Opener aggregates event information from third-party data sources. While we take reasonable steps to ensure the accuracy of event details (including dates, times, venues, and pricing), we do not guarantee that all information is complete, accurate, or current. You should verify event details directly with the venue or ticketing provider before attending.
7.2 Pricing transparency
Where ticket prices are displayed in the App, we aim to show the total price inclusive of known fees. However, the final price is determined by the third-party ticketing provider, and additional charges may apply during the external checkout process. Opener is not responsible for pricing set by third parties.
7.3 Ticketing
Opener does not sell tickets. When you tap "Get Tickets" or similar links, you will be redirected to a third-party ticketing provider's website or app. Your purchase is subject to that provider's terms and conditions, refund policy, and privacy practices. Opener is not a party to any ticket transaction and has no liability in connection with your ticket purchase, including refunds, cancellations, or disputes.
7.4 Third-party links
The Service may contain links to third-party websites, apps, or services. We do not control and are not responsible for the content, policies, or practices of any third-party service. Inclusion of a link does not imply endorsement.
8. Audio Previews
The App may provide short audio previews of artists to assist with music discovery. These previews are sourced from third-party music services (such as Spotify or Deezer) and are provided for personal, non-commercial preview purposes only. Audio preview availability depends on the third-party provider and may not be available for all artists or events.
9. Spotify and Third-Party Music Service Integration
If you choose to connect your Spotify account (or other supported music service) during the Soundcheck or at any other time, we access your listening data solely to improve your event recommendations within the App. We do not store your Spotify login credentials. You can disconnect your music service account at any time through the App settings.
Your use of any connected music service remains subject to that service's own terms and conditions.
10. User Content
If the Service allows you to submit, post, or share any content (such as feedback, reviews, or suggestions), you grant Opener a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, modify, and display that content in connection with the Service.
You represent that any content you submit is your own or that you have the necessary rights to share it, and that it does not infringe any third party's rights.
11. Privacy
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information. By using the Service, you acknowledge that you have read and understood the Privacy Policy.
12. Notifications and Communications
Opener takes a minimal approach to notifications. We will only send push notifications if you opt in, and you can manage your notification preferences at any time through the App settings or your device settings.
We may send you service-related communications (such as security alerts or changes to these Terms) that are not promotional in nature. These are necessary for the operation of the Service and cannot be opted out of while you maintain an account.
13. Fees and Payments
The Opener App is free to download and use. We do not currently charge subscription fees or require in-app purchases to access core features.
If we introduce paid features in the future, we will provide clear notice of any fees before you incur them. Any paid features will comply with the applicable app store's payment terms and with Australian Consumer Law.
14. Australian Consumer Law
14.1 Consumer guarantees
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
14.2 Services of acceptable quality
To the extent that the Service constitutes a "service" under the Australian Consumer Law, it comes with guarantees that cannot be excluded, including that the service will be provided with due care and skill and will be reasonably fit for its intended purpose.
14.3 Remedies
If the Service fails to meet a consumer guarantee, you are entitled to the remedies available under the Australian Consumer Law.
15. Limitation of Liability
To the maximum extent permitted by law (and subject to Section 14 above):
- the Service is provided on an "as is" and "as available" basis;
- we do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components;
- we are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service;
- our total aggregate liability to you for any claim arising out of or relating to the Service is limited to the amount you have paid to Opener (if any) in the 12 months preceding the claim; and
- we are not liable for any loss or damage arising from your reliance on event information, pricing, or any other content provided through the Service.
16. Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold harmless Opener, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your use of the Service, or your violation of any applicable law or third-party rights.
17. Suspension and Termination
17.1 By you
You may stop using the Service at any time. You may delete your account through the App or by contacting us at info@opener.live.
17.2 By us
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms, is harmful to other users or the Service, or for any other reasonable cause. Where practicable, we will provide reasons for any suspension or termination.
17.3 Effect of termination
Upon termination, your licence to use the App immediately ceases. We may delete your account data in accordance with our Privacy Policy.
18. Intellectual Property
All trademarks, logos, service marks, and trade names displayed through the Service (including "Opener", "Soundcheck", "My Gigs", and the Opener visual design system) are the property of Opener or their respective owners. You are not granted any right or licence to use any of these marks without prior written consent.
19. Dispute Resolution
19.1 Governing law
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia.
19.2 Informal resolution
Before commencing any formal legal proceedings, you agree to first attempt to resolve any dispute with us informally by contacting us at info@opener.live. We will endeavour to respond within 14 days.
20. General
20.1 Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Opener in relation to the Service.
20.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
20.3 Waiver
A failure by Opener to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
20.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
21. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: info@opener.live