Terms of Service

1. Acceptance of these terms

By creating an account, or by accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service. If you use the Service on behalf of a business or other organisation, you confirm that you are authorised to accept these Terms for that organisation, and “you” includes that organisation.

2. Who can use Totler (eligibility)

Totler accounts are for adults. You must be at least 18 years old and able to enter into a binding contract to create an account or use the Service.

• Children are never account holders. Children do not create accounts, log in, or use the Service. The Service is designed to be used by parents, carers and business operators only.
• You are responsible for everything done under your account. Keep it for your own use and do not let a child operate it.
• We may decline, suspend or remove any account where we reasonably believe these eligibility requirements are not met.

3. What Totler is (and what it is not)

Totler is an Australian app that helps parents and carers discover local children’s and family activities — such as classes, events, playgroups and playgrounds — matched to their suburb, their children’s age bands and their interests. Businesses and approved hosts can list activities, and parents can create private, invite-only meetups with other parents.

Totler is a platform and discovery tool. We are not the organiser, operator, supervisor or provider of the activities, listings or meetups you find through the Service, unless we expressly say so in writing.

• We do not run, staff, insure or supervise activities, venues or meetups, and we are not present at them.
• We do not independently verify or vet every listing, host, business or piece of content on the Service. Listings are provided by the businesses and hosts who post them, and you should make your own checks before attending or booking.
• A meetup created by a parent is a private arrangement between the parents who take part. Totler facilitates the invitation only.
• Some features described in these Terms (for example community and messaging features) may not be available yet. We will only enable them when they are ready.

4. Your account and your responsibilities

When you create and use an account, you agree to:

• Give accurate information and keep it up to date — including your email, display name, suburb and postcode.
• Keep your password and account secure. Your password is managed by our authentication provider and stored only in hashed form — we never see it. Do not share your login, and tell us promptly if you suspect unauthorised access.
• Supervise your own children at all times. You are solely responsible for the care, safety and supervision of any child in your care when you use the Service or attend an activity, venue or meetup. Totler does not supervise children.
• Public venues and parent-stays rules for meetups. Meetups and activities discovered or arranged through Totler are intended to take place at public venues. For parent-created meetups, a parent or carer must remain present with and responsible for their own child for the whole time. Do not arrange meetups at private homes or in any setting where you would leave a child unsupervised.
• Make your own assessment of the suitability and safety of any activity, host, venue or other family before you attend or let your child take part.

5. Acceptable use and prohibited conduct

You must use the Service lawfully, respectfully and in keeping with its child-friendly purpose. You must not:

• use the Service to harm, endanger, exploit, harass or deceive any person, especially a child, or do anything that breaches child-safety or working-with-children laws;
• post a child’s name, photo, contact details, exact date of birth, or any other information that could identify a child, anywhere on the Service;
• impersonate another person, misrepresent your identity or eligibility, or create an account for, or on behalf of, a child;
• post false, misleading, unlawful, offensive, discriminatory or infringing content, or spam, scrape, or harvest other users’ information;
• attempt to access another account, our systems, or any data you are not authorised to access, or interfere with, disrupt or probe the security of the Service;
• use the Service to advertise, solicit or transact outside the features Totler provides, or use it for any commercial purpose we have not authorised.

We may remove content and restrict, suspend or terminate access where we reasonably believe these rules have been broken (see section 12).

6. Keeping children safe and minimising children’s data

Protecting children is central to how Totler is built. We deliberately collect as little information about children as possible, and children are never users of the Service.

• For a child, we store only a birth year (an age band). We do not collect or store a child’s name, full date of birth, photos, contact details or any other identifying information.
• Account holders are adults. For a parent, carer or business operator we hold information such as your email, chosen username, a password (hashed by our authentication provider — we never see it), display name, your home suburb and postcode (an approximate location, not a full street address), your interests and languages, and an avatar choice.
• A listing’s precise address is hidden until you RSVP “going”. The exact location is revealed only after you confirm you are attending.
• Businesses and administrators never see child identities. They see only age bands and Working-With-Children Check (WWCC) status — never any child’s name or identifying details.
• Bookings and RSVPs carry guest counts, not child identities. We record how many people are attending, not who the children are.
• Community and messaging features are not active yet. If we introduce them, we will do so consistently with this data-minimisation approach and our Privacy Policy.

For business listings, we hold the business name, ABN or ACN, business address, contact details, and an acknowledgement of the operator’s WWCC obligations.

7. Terms for businesses and hosts

If you list activities as a business or an approved host, you also agree that:

• you may be required to complete a verification step, and a Totler reviewer may assess your application before you can publish;
• you hold and maintain all registrations, licences, insurances and Working-With-Children Checks (WWCC) required by law for your activities and the people who run them, and your acknowledgement of WWCC obligations is true and current;
• your listings are accurate, lawful and not misleading — including pricing, age suitability, location, times, capacity and the credentials you state;
• you are solely responsible for the activities you run, the safety of your venue and staff, and your compliance with the Australian Consumer Law and all other applicable laws;
• we may remove or suspend listings, or your host access, where we reasonably believe a listing is inaccurate, unsafe, unlawful or in breach of these Terms.

Verification and the presence of a WWCC acknowledgement do not amount to a guarantee or endorsement by Totler of any host, business, person or activity.

8. Bookings and payments

Many activities are free. Where an activity is paid, payments are processed by our payments provider, Stripe. Your card details are handled by Stripe and are not stored by Totler.

• A booking or RSVP is an arrangement between you and the business or host running the activity. Totler facilitates discovery and, where applicable, payment — it is not the seller of the activity.
• Prices, any Totler fees, taxes, and the rules for changes, cancellations and refunds are still being finalised (TBD) and will be set out before you are charged. Nothing here limits the consumer guarantees described in section 10.
• You agree to pay all amounts properly due for a paid booking. Refund eligibility for an activity is generally a matter between you and the business or host, subject to your non-excludable rights under the Australian Consumer Law.

9. Your content and the licence you grant

You may submit content such as listings, meetup details, profile information and messages (User Content). You keep ownership of your User Content. By submitting it, you grant Totler a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt and display that content for the purpose of operating, improving and promoting the Service.

• You confirm you have the rights to submit your User Content and that it does not infringe anyone’s rights or break any law.
• You must not upload photos of children or any content that identifies a child (see sections 5 and 6).
• We may remove or refuse User Content at our discretion, including content that breaches these Terms.

10. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs). Our Privacy Policy explains in full what we collect, how we use it, and your rights to access, correct and delete your information.

To run the Service we use trusted providers who may store or process information on our behalf, including Supabase (database, authentication and file storage), Fly.io (application hosting), Resend (transactional email) and Stripe (payments). Some of these providers may store or process data outside Australia. Where that happens, we take reasonable steps consistent with APP 8 (cross-border disclosure), and our Privacy Policy sets this out honestly.

You can ask us to access or correct your personal information, or raise a privacy concern, by emailing hello@totler.com.au (contact address TBD). If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC).

11. Disclaimers and limitation of liability

Australian Consumer Law guarantees. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under that law or any other law that cannot lawfully be excluded. The limitations below apply only to the extent the law allows.

Subject to those non-excludable rights:

• the Service and its listings are provided on an “as is” and “as available” basis. We do not warrant that listings, hosts, businesses, venues or other users are accurate, safe, suitable or lawful, and we do not endorse them;
• we are not responsible for the conduct of any business, host, parent, child or other person, or for anything that happens at an activity, venue or meetup, which you attend at your own risk and with your own supervision of your children;
• where our liability can be limited, our liability for the supply of services is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied; and
• to the extent permitted by law, we are not liable for indirect, special or consequential loss, or for loss you could have avoided by taking reasonable care.

12. Indemnity

To the extent permitted by law, you agree to indemnify Totler against reasonable loss, damage, cost or liability we suffer arising from your breach of these Terms, your misuse of the Service, your User Content, or your conduct at, or arrangement of, any activity or meetup. This does not apply to loss caused by our own negligence or breach, and does not limit your rights under the Australian Consumer Law.

13. Suspension, termination and deleting your account

You may stop using the Service at any time. You can delete your account from your account Settings. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect users — especially to protect children.

When you delete your account, we will delete or de-identify your personal information, except where we are required or permitted to keep certain records — for example payment and transaction records we must retain for legal, tax or accounting reasons. We keep that limited information only for as long as the law requires and then delete or de-identify it. Our Privacy Policy explains retention in more detail.

14. Governing law

These Terms are governed by the laws of Australia and the State or Territory in which Totler Pty Ltd is based, and you and Totler submit to the non-exclusive jurisdiction of the courts of Australia.

15. Changes to these terms

We may update these Terms from time to time. If we make a material change, we will take reasonable steps to let you know — for example by a notice in the app or by email — and we will update the “Last updated” date above. By continuing to use the Service after a change takes effect, you accept the updated Terms.

16. How to contact us

These Terms are offered by Totler Pty Ltd (ACN 699 604 656; ABN 23 699 604 656). You can contact us at hello@totler.com.au.