Please read these Terms and Conditions carefully before you use the neighbourgood.app application. They set out the basis on which the application is made available to you, the limits of the operator's role, and the responsibilities that you accept when you deal with other users. Section 22 limits the operator's liability to you and Section 23 contains a release and an indemnity. Section 10 concerns your personal safety when meeting other users in person.
1. Introduction and Acceptance of These Terms
1.1 These Terms and Conditions (the "Terms") govern your access to and use of the neighbourgood.app mobile application for iOS (the "App") and all features, functionality, content and services made available through it (together, the "Service").
1.2 The Service is operated by Abhishek Jain ("we", "us", "our" or the "Provider"). The Provider operates as an individual and not through an incorporated company. The Provider's contact address for legal notices is 19667 73C Avenue, Langley, BC V2Y 3R5, Canada and the Provider's contact email address is support@neighbourgood.app.
1.3 By downloading, installing, accessing or using the App, or by creating an Account, you confirm that you have read and understood these Terms and that you agree to be bound by them. If you do not agree to these Terms, you must not install or use the App, and you should delete it from your device.
1.4 Your use of the Service is also governed by our Privacy Policy, which explains how personal data is collected and handled. The Privacy Policy is incorporated into these Terms by reference and is available within the App and at https://www.neighbourgood.app.
1.5 We may amend these Terms from time to time, including to reflect changes in the Service, in our operating model, or in applicable law. Where an amendment is material and operates to your disadvantage, we will give you at least fourteen days' notice within the App or by email before it takes effect. Your continued use of the Service after the stated effective date constitutes acceptance of the amended Terms. If you do not accept an amendment, your remedy is to stop using the Service and delete your Account.
1.6 These Terms constitute an agreement between you and the Provider only. Apple Inc. is not a party to these Terms. Section 20 sets out provisions required in connection with distribution of the App through the Apple App Store.
2. Definitions
2.1 In these Terms, the following expressions have the meanings set out below.
- "Account" means the registered user account created by a User in order to access the Service.
- "Buyer" means a User who uses the Service to search for, enquire about, or acquire goods or services offered by a Seller.
- "Favourites" means the list of Sellers or Listings that a User saves within the App for that User's own later reference.
- "Listing" means any advertisement, offer, description or other publication uploaded to the Service by a Seller in relation to goods, services, hire of items, tuition, or any other activity offered by that Seller.
- "Messages" means communications exchanged between Users through the in-app messaging function.
- "Review" means any rating, star score, review text or other feedback that a User submits through the Service about another User, a Listing, or a Transaction.
- "Seller" means a User who publishes a Listing or otherwise offers goods or services through the Service, whether occasionally, as a private individual, or in the course of a trade, business, craft or profession.
- "Transaction" means any agreement, dealing, exchange, hire, sale, supply or arrangement entered into between a Buyer and a Seller, whether or not it was initiated through the Service.
- "User" means any person who accesses or uses the Service, including Buyers and Sellers, and "you" is construed accordingly.
- "User Content" means any content that a User submits, uploads, publishes, transmits or otherwise makes available through the Service, including Listings, profile information, photographs, images, text, Reviews and Messages.
2.2 References to a statute or statutory provision include that statute or provision as amended or re-enacted from time to time. The words "including", "in particular" and "for example" are illustrative and do not limit the generality of the preceding words.
3. Nature of the Service and Our Role as an Intermediary
3.1 The Service is a technology platform. It allows Sellers to publish Listings, allows Buyers to discover Listings published by other Users situated in their vicinity, and allows Users to communicate with one another through the in-app messaging function.
3.2 We are not a party to any Transaction. We do not sell, buy, hire out, supply, produce, source, inspect, test, store, handle, package, deliver, install, service, warrant or insure any item or service offered through the Service. We do not take title to, possession of, or control over any item offered by a Seller.
3.3 We do not act as the agent, broker, employer, principal, partner, joint venturer or representative of any User. Sellers act independently and on their own account, and no Seller has authority to make any representation, warranty or commitment on our behalf.
3.4 We do not process payments, hold or transmit funds, act as an escrow agent, or provide payment, credit, lending, insurance or money transmission services. All consideration for a Transaction is agreed, arranged and exchanged directly between the Buyer and the Seller outside the Service. We have no visibility over the terms of any Transaction and no responsibility for it.
3.5 We do not verify the identity, age, address, background, qualifications, licences, registrations, insurance, solvency, creditworthiness or good faith of any User. We do not verify the existence, ownership, authenticity, condition, safety, quality, legality, description, price or availability of any item or service offered through the Service. Except where these Terms expressly state otherwise, any indication that a User or a Listing has been reviewed, ranked, featured or surfaced by the Service does not constitute an endorsement, recommendation, verification or guarantee by us.
3.6 Any contract for the sale, hire, supply or provision of goods or services is formed exclusively between the Buyer and the Seller, on the terms that they agree between themselves. The Buyer and the Seller alone are responsible for compliance with all applicable law in relation to that contract, including consumer protection law, product safety law, licensing and permit requirements, health and safety requirements, and tax and invoicing obligations.
3.7 Nothing in this Section limits any obligation that applicable law imposes on us in our capacity as a provider of an intermediary or hosting service, including any obligation to act upon notices of illegal content. Where such obligations apply, we comply with them, and Section 17 describes the mechanisms through which notices may be submitted.
3.8 The Service is currently made available free of charge. We do not charge Users listing fees, commission or transaction fees. We reserve the right to introduce charges for the Service or for particular features in the future, in which case we will give you clear advance notice and you will not be charged without your agreement.
3.9 The Service is intended for goods that a Seller has made, grown, baked or otherwise produced themselves, services that a Seller personally performs, and items that a Seller lends rather than sells. It is not intended to operate as a general secondhand marketplace for the resale of used personal belongings, and Listings of that kind are prohibited under Section 12.
4. Eligibility and Age Requirements
4.1 You must be at least eighteen years of age to create an Account or otherwise use the Service. By using the Service you represent and warrant that you are at least eighteen years of age and have the legal capacity to enter into a binding agreement.
4.2 When you register, you will be asked to confirm your age or your date of birth. That confirmation is a self-declaration made by you. You must answer it accurately and honestly. Submitting a false age or a false date of birth, or assisting another person to do so, is a material breach of these Terms and will result in closure of the Account concerned under Section 18.
4.3 We do not carry out documentary age verification and we do not use any third party age assurance service. The age confirmation collected at registration is not a guarantee of any User's age, and no representation is made to any User that the age stated by another User has been verified.
4.4 This age requirement reflects the nature of the Service. The Service uses the approximate location of your device, displays proximity information to other Users, facilitates direct private communication between Users who are strangers to one another, and is designed to lead to dealings and, in many cases, meetings that take place in person and away from any supervised environment. We do not screen, verify or supervise Users.
4.5 You must not permit any person under the age of eighteen to use your Account, your device credentials, or the Service through you. You must not create an Account on behalf of a person under the age of eighteen.
4.6 If we become aware, or reasonably suspect, that a User is under the age of eighteen, we will suspend and close the Account concerned and delete the associated personal data in accordance with our Privacy Policy.
4.7 You may not use the Service if you have previously been suspended or removed from the Service, unless we have expressly agreed otherwise in writing.
4.8 You represent and warrant that you are not located in a country that is subject to a comprehensive government embargo applicable to you, and that you are not listed on any applicable list of prohibited or restricted parties.
5. Account Registration and Account Security
5.1 To use most features of the Service you must create an Account by providing your name and email address, and by confirming your age as described in clause 4.2. You may also upload a profile photograph. Further detail on the handling of that information is set out in the Privacy Policy.
5.2 You must provide information that is accurate, current and complete, and you must keep it up to date. You must not impersonate any other person, misrepresent your affiliation with any person or organisation, or use a name that you are not lawfully entitled to use.
5.3 You may hold only one Account unless we agree otherwise in writing. You must not sell, transfer, licence or share your Account or allow any other person to access the Service using your Account.
5.4 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You are responsible for the security of the device on which the App is installed, including the use of a device passcode and prompt installation of operating system updates.
5.5 You must notify us promptly at support@neighbourgood.app if you know or suspect that your Account has been accessed without your authorisation or that your credentials have been compromised.
5.6 The App allows you to save Sellers or Listings to a Favourites list. Your Favourites list is stored against your Account, is visible to you, and is not published to other Users. Saving a Seller or a Listing to Favourites does not create any obligation on the part of that Seller, does not reserve any item, and does not constitute an endorsement by us.
5.7 You may delete your Account at any time from within the App. Deletion of your Account will result in the removal of your Listings from public view and the handling of your personal data as described in the Privacy Policy. Deleting the App from your device does not by itself delete your Account.
6. Location Data and Neighbourhood Matching
6.1 The core purpose of the Service is to connect Users who are situated close to one another. To provide that functionality, the App uses location information derived from the satellite positioning capability of your device and, where enabled, other location signals available to the operating system.
6.2 The App will request your permission to access location information through the standard iOS permission prompt. You may grant, restrict or withdraw that permission at any time through the settings of your device. If you withhold or withdraw location permission, core features of the Service, including proximity-based discovery of Listings, will not function, and the Service may be of limited or no use to you.
6.3 Location information is inherently approximate. Distances, map positions, neighbourhood boundaries and proximity indications displayed within the App are estimates only. They depend on the accuracy of your device, on network conditions, and on data supplied by third party mapping providers. We do not warrant their accuracy and you must not rely upon them for any purpose where inaccuracy could cause loss, injury or inconvenience.
6.4 You are responsible for what you disclose about your location. You should not publish your home address, the precise location of valuable items, or details of when your home is unoccupied, in any Listing, profile or Message. Information about your general area may be visible to other Users to the extent necessary for the Service to function.
6.5 Map data and related imagery displayed within the App are supplied by third party mapping providers and are subject to those providers' own terms and attribution requirements. We are not responsible for the content or accuracy of that data.
6.6 The App offers optional push notifications about new Listings published in your area. That feature operates only if you choose to enable it, and you may disable it at any time within the App or in the notification settings of your device. Where the feature is enabled, an alert about a new Listing is sent to Users who have opted in and the App then determines, on your device, whether the Listing falls within the distance that applies to you. A notification of this kind is an automated alert only. It is not a recommendation, and it does not indicate that the Listing, the Seller or the item offered has been checked, verified or approved by us.
6.7 Notifications depend on the notification delivery service operated by Apple and on your device settings and connectivity. We do not warrant that any notification will be delivered, or delivered promptly or accurately, and you must not rely on notifications for any time-critical purpose.
7. Listings and Seller Obligations
7.1 If you publish a Listing, you are solely responsible for its content and for the goods, services, hire arrangements or tuition that it offers.
7.2 You represent and warrant, in respect of every Listing that you publish, that:
- the description, images, price and availability are accurate, current and not misleading;
- you own the item offered, or are otherwise lawfully entitled to sell, hire out or supply it;
- the item or service may lawfully be offered, supplied and used in the location where you and the intended Buyer are situated;
- you hold every licence, registration, permit, certification, qualification, clearance and insurance required by applicable law for the activity that you offer, including any registration or clearance required in order to provide services to children or vulnerable persons; and
- the images used are your own or are used with the permission of the rights holder, and every identifiable person depicted has consented to that use.
7.3 If you offer items for hire, including tools, equipment or machinery, you are responsible for ensuring that the item is in safe working order, that it has been maintained and, where applicable, inspected or tested in accordance with law and manufacturer guidance, and that the Buyer is given adequate instructions and any required safety information and protective equipment.
7.4 If you offer tuition, instruction, care, personal services, home services, food or beverages, or any other service performed in person, you are responsible for compliance with all applicable licensing, hygiene, safeguarding, health and safety and insurance requirements, and for holding adequate liability cover.
7.5 You must not publish a Listing for an item or service that you cannot lawfully supply, that you do not intend to supply, or that is intended to divert Users to another platform or to any fraudulent scheme.
7.6 You must not publish duplicate, misleading or keyword-stuffed Listings, and you must remove or update a Listing promptly once the item or service is no longer available.
7.7 If you act in the course of a trade, business, craft or profession, you are a trader for the purposes of consumer protection law in many jurisdictions. In that case you are responsible for providing the pre-contractual information, cancellation rights, guarantees, receipts and complaint-handling that the law requires, and for identifying yourself accurately to Buyers. We do not provide those disclosures on your behalf.
7.8 You are solely responsible for determining, charging, collecting, reporting and remitting any tax arising from your activity, and for any registration required in connection with it.
8. Buyer Responsibilities and Diligence
8.1 You are responsible for satisfying yourself, before entering into any Transaction, as to the identity, honesty and suitability of the Seller and as to the existence, ownership, condition, authenticity, safety, legality and fitness for purpose of anything offered.
8.2 You should inspect items in person before paying for them, ask for proof of ownership, serial numbers, service records, certifications or licences where relevant, and decline any Transaction that you are not comfortable with.
8.3 You must not rely on the Service, on the position of a Listing in search results, on any Review published by another User, or on any information generated by the search functionality described in Section 15, as a substitute for your own enquiries.
8.4 You are responsible for the method and timing of any payment that you make to a Seller. Payments made outside the Service carry no protection from us. Requests to pay in advance, to pay by irreversible transfer, to pay a deposit before viewing, or to complete a Transaction away from the agreed neighbourhood are common indicators of fraud and should be treated with caution.
8.5 If you believe that a Listing or a User is fraudulent, unlawful or unsafe, you should report it through the mechanisms described in Section 17 and, where appropriate, to the police or another competent authority.
9. Transactions Between Users
9.1 Every Transaction is a matter exclusively between the Buyer and the Seller. Any dispute concerning a Transaction, including as to payment, delivery, description, quality, safety, damage, injury, refund, return, cancellation, warranty or after-sale service, is to be resolved between those Users.
9.2 We do not provide refunds, returns, guarantees, buyer protection, seller protection, dispute resolution or compensation in respect of any Transaction, and we do not adjudicate between Users.
9.3 We may, at our discretion and without any obligation to do so, provide limited assistance in connection with a dispute, such as removing a Listing, restricting an Account, or responding to a lawful request from a competent authority. Any such step is taken in our own interest and in the interest of the Service, and does not create any duty to any User.
9.4 You release the Provider from claims arising out of Transactions and dealings with other Users, on the terms set out in Section 23.
9.5 We may retain records relating to Listings, Accounts, Reviews and Messages where retention is necessary for the purposes of security, fraud prevention, the establishment, exercise or defence of legal claims, or compliance with a legal obligation, as further described in the Privacy Policy.
10. In-Person Meetings and Personal Safety
10.1 The Service is designed to bring you into contact with people in your neighbourhood whom you do not know. Meeting a stranger, admitting a stranger to your home, entering the home of a stranger, or handing over goods, money or keys to a stranger carries real risk to your person and to your property. You accept that risk voluntarily.
10.2 We do not conduct criminal record checks, identity verification, age verification, reference checks or any other form of background screening on Users, and we do not supervise, accompany or monitor meetings between Users.
10.3 We strongly recommend that you take the following precautions, although the decision and the responsibility remain yours:
- meet in a busy, well-lit public place during daylight hours wherever possible;
- tell a friend or family member where you are going, with whom you are meeting, and when you expect to return;
- take another adult with you, particularly for higher value items or where you are travelling to an unfamiliar address;
- do not carry large amounts of cash, and do not disclose your home address, workplace or daily routine until you have reason to trust the other User;
- inspect the item before you pay, and do not proceed if you are given inconsistent explanations or are pressured to hurry; and
- end the meeting and leave immediately if you feel unsafe.
10.4 The Service is not an emergency service and cannot summon assistance. In an emergency you should contact the police or the relevant emergency service in your location directly.
10.5 If a User behaves in a manner that is threatening, abusive, dishonest or unlawful, you should report the matter to us under Section 17 and to the competent authorities. We will cooperate with lawful requests from those authorities.
10.6 To the fullest extent permitted by applicable law, we accept no responsibility for the conduct of any User, whether in person, online or otherwise, or for any loss, damage, injury or death arising from any meeting or dealing between Users. Nothing in this Section excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by our own negligence.
11. In-App Messaging
11.1 The Service includes a messaging function that allows Users to communicate in connection with Listings and potential Transactions.
11.2 Messages are transmitted through and stored on infrastructure operated by our hosting provider. Messages are not end-to-end encrypted. You should not assume that a Message is private as between you and the recipient in the same way as a sealed communication.
11.3 We may access, review, retain, disclose or remove Messages where we reasonably consider it necessary to investigate a report of abuse or unlawful conduct, to protect the safety of Users, to prevent or detect fraud, to enforce these Terms, to operate and secure the Service, or to comply with a legal obligation or a lawful request from a competent authority. We do not routinely read Messages for any other purpose.
11.4 You must not use the messaging function to send unsolicited commercial communications, chain messages, bulk marketing, phishing attempts, malware, links to fraudulent sites, or requests for payment credentials, verification codes or identity documents.
11.5 You should not share payment card details, banking credentials, one-time passcodes, government identification numbers, health information or other sensitive personal data through the messaging function.
11.6 You may block another User and may report a Message or a User through the mechanisms described in Section 17. Blocking a User does not by itself notify us of misconduct, and you should submit a report where the conduct warrants it.
12. Prohibited Items, Services and Categories
12.1 You must not offer, seek, advertise, arrange or complete any Transaction through the Service in relation to the following, and you must not publish any Listing referring to them:
- firearms, ammunition, component parts, replica or imitation firearms, explosives, fireworks where restricted, offensive weapons and knives where restricted by local law;
- controlled drugs, novel psychoactive substances, drug paraphernalia, prescription-only medicines, and medical devices requiring prescription or professional supervision;
- tobacco products, nicotine delivery products and alcohol, in any jurisdiction where their offer or private sale is restricted or requires a licence that you do not hold;
- stolen property, property subject to a security interest without the consent of the holder, counterfeit goods, unauthorised replicas, and goods that infringe the intellectual property rights of any person;
- general secondhand or used personal items being resold, cleared out, or offered as part of a garage sale, moving sale, estate sale, decluttering sale or similar — the Service exists for goods you have made or produced yourself, services you personally perform, and items you lend, not for reselling used belongings; see Section 3.9;
- goods that are the subject of a safety recall, goods that do not meet applicable product safety or labelling requirements, and second-hand safety-critical equipment where private resale is restricted, such as child car seats and protective helmets;
- hazardous, toxic, radioactive, flammable or environmentally regulated materials, and waste requiring licensed disposal;
- human remains, bodily fluids, tissue, organs and unregulated biological material;
- sexual services, adult content, escort services and any content or service involving the sexualisation of a minor;
- live animals, in any jurisdiction where their private sale or transfer is restricted, and any protected species or product derived from one;
- gambling, lotteries, prize competitions, financial products, investment opportunities, virtual currencies, loans and money transfer services;
- personal data of third parties, contact lists, government-issued identity documents, passports, licences, uniforms and official insignia;
- professional services that require a licence, registration or qualification that you do not hold, including medical, dental, veterinary, legal, accountancy, financial advisory, immigration advisory, electrical, gas and structural building services;
- childcare, private tuition, coaching, care of vulnerable adults and any other service involving unsupervised contact with children or vulnerable persons, where you do not hold the clearances, registrations or insurance required by law in your location;
- food, beverages and cosmetics prepared, stored, labelled or supplied otherwise than in accordance with applicable hygiene, labelling and safety law; and
- anything else that is unlawful in the location of the Seller or the Buyer, or that promotes or facilitates unlawful activity.
12.2 This list is not exhaustive. Legal restrictions vary considerably between countries, states and municipalities. Because the Service is available internationally, you remain responsible for verifying what you may lawfully offer or acquire in your own location and in the location of the other User.
12.3 We may remove any Listing and take action against any Account under Section 18 where we consider, acting reasonably, that this Section has been breached, without any obligation to establish that a breach has in fact occurred.
13. Acceptable Use
13.1 You must use the Service lawfully, honestly and with reasonable regard for other Users.
13.2 You must not:
- publish content that is unlawful, defamatory, threatening, harassing, abusive, obscene, or that incites violence or hatred against any person or group by reference to a protected characteristic;
- publish a Listing that discriminates unlawfully against any person, including in relation to the supply of goods, services, accommodation, employment or engagement;
- stalk, follow, intimidate, threaten or repeatedly contact a User who has asked you to stop, or use the Service to locate or approach a person against their wishes;
- collect, compile, scrape, index, harvest or store information about other Users, whether manually or by automated means, other than as strictly necessary to complete a Transaction to which you are a party;
- use any robot, spider, crawler, script or other automated means to access the Service, or reproduce or reconstruct any part of the Service or of its data for the purpose of creating a competing product or dataset;
- decompile, disassemble, reverse engineer or attempt to derive the source code of the App, except to the extent that applicable law expressly permits this notwithstanding a contractual restriction;
- circumvent, disable or interfere with any security, authentication, age confirmation, rate-limiting, moderation or access control feature of the Service;
- introduce malware or any other harmful code, or place an unreasonable load on the infrastructure supporting the Service;
- misrepresent your identity, your age, your location or your relationship with any person or organisation, or manipulate proximity, notification or search functionality by falsifying location data; or
- use the Service for any purpose other than the purpose for which it is provided.
13.3 Breach of this Section may result in immediate removal of content, restriction or termination of your Account, and, where appropriate, referral to law enforcement.
14. User Content, Ratings and Reviews, and Licence
14.1 You retain all ownership rights in your User Content. These Terms do not transfer ownership of your User Content to us.
14.2 You grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, cache, reproduce, adapt for technical purposes such as resizing and reformatting, publish, display and distribute your User Content, solely for the purposes of operating, providing, securing, maintaining and promoting the Service. Sublicensing is limited to our hosting and infrastructure providers acting on our behalf.
14.3 The licence in clause 14.2 ends when you delete the relevant User Content or your Account, save that copies may persist for a limited period in routine backups, and save that we may retain content where retention is necessary for the purposes described in clause 9.5.
14.4 You represent and warrant that your User Content does not infringe the intellectual property, privacy, publicity, confidentiality or other rights of any person, that you have obtained the consent of every identifiable individual depicted in any image that you upload, and that you have a lawful basis for including any personal data of a third party.
14.5 We have no general obligation to monitor User Content and do not pre-screen Listings or Reviews. We may, however, review, refuse to publish, remove, restrict the visibility of, or require the amendment of any User Content, in accordance with Section 18.
14.6 User Content that you publish through a Listing, a Review or a public profile is not confidential. You should assume that it can be viewed, screenshotted and retained by other Users, and that it may be indexed by the Service for search purposes.
14.7 If you send us suggestions, ideas or feedback about the Service, we may use them without restriction and without any obligation of compensation, attribution or confidentiality.
14.8 The Service allows a User to submit a Review. A Review that you submit is User Content. It is published together with the display name associated with your Account and is visible to the User reviewed and to other Users of the Service.
14.9 You must only submit a Review that is based on your own genuine experience of the User, Listing or Transaction concerned, and that is honest, accurate and expressed in your own words.
14.10 You must not: submit a Review in respect of a Transaction or dealing that did not take place; submit a Review about yourself, your own Listing, a competitor, or a person connected with you; offer, request, give or accept any payment, discount, item or other benefit in exchange for a Review, or for the removal or amendment of a Review; submit a Review that is defamatory, abusive, discriminatory, obscene, threatening or otherwise unlawful; include in a Review the personal data of any person, including a name, address, telephone number, image or vehicle registration; or use a Review, or the threat of a Review, to coerce or harass another User.
14.11 We do not verify Reviews and we do not check whether a Review relates to a Transaction that actually took place. A Review is the opinion of the User who submitted it and not a statement by us. The publication of a Review, and any rating generated automatically from Reviews, does not constitute an endorsement, recommendation, verification or assessment by us of any User, Listing, item or service.
14.12 We may remove or refuse to publish a Review, or restrict the ability of a User to submit Reviews, in accordance with Section 18, where we reasonably consider that clause 14.9 or clause 14.10 has been breached. We are not obliged to remove a Review merely because the User reviewed disagrees with it. If you consider that a Review about you is unlawful or in breach of these Terms, you may report it under Section 17.
15. Search Functionality and Automated Processing
15.1 The App includes a search function that applies automated techniques, including artificial intelligence techniques, to interpret search queries and to identify and order relevant Listings. That function operates only on data held within the Service and does not draw on external sources of information.
15.2 Search results, rankings, suggestions and relevance scores are generated automatically. They may be incomplete, imprecise or out of date, and they may reflect errors in the underlying User Content. The position of a Listing in a set of results does not constitute an endorsement, recommendation, verification or assessment by us of the Listing, the Seller, or the item or service offered.
15.3 The search function does not provide advice of any kind. It does not assess the safety, legality, value, authenticity or suitability of any item or service, and it must not be relied upon for that purpose.
15.4 We do not make User Content available to third parties for the purpose of training general purpose artificial intelligence models.
15.5 If you consider that the search function has produced a result that is inaccurate, unlawful or harmful, you may report it under Section 17.
16. Our Intellectual Property and Your Licence to Use the App
16.1 The App, its software, source code, design, interface, structure, database, compilation of Listings, and the name and branding associated with the Service, are owned by us or licensed to us and are protected by intellectual property law. All rights not expressly granted are reserved.
16.2 Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive and non-transferable licence to download and use one copy of the App on an Apple-branded device that you own or control, for your own personal and non-commercial use of the Service, and in accordance with the Usage Rules set out in the Apple Media Services Terms and Conditions. Nothing in this clause prevents a Seller from using the Service to offer goods or services in the ordinary course of that Seller's own business.
16.3 You must not copy, modify, distribute, sell, lease, sublicense or create derivative works of the App or any part of the Service, or remove or obscure any proprietary notice.
16.4 You must not use our name, logo or branding without our prior written consent, except to refer accurately to the Service.
17. Reporting, Notices and Copyright Complaints
17.1 You may report a Listing, a Review, a Message, a profile or a User to us using the reporting function available within the App, or by writing to support@neighbourgood.app.
17.2 So that we can act effectively, a report should identify the content or Account complained of with sufficient precision to allow it to be located, explain why you consider it to be unlawful or in breach of these Terms, and provide your contact details so that we can acknowledge and follow up on the report. Where the report concerns unlawful content, a statement that the information in the report is accurate and complete to the best of your knowledge assists us in assessing it.
17.3 We will consider reports and act upon them in a timely, non-arbitrary and objective manner, and without undue delay where a report indicates a risk to the safety of any person. We will acknowledge receipt where you have provided contact details, and we will inform you of the outcome where applicable law requires this.
17.4 Where we remove or restrict access to User Content or an Account following a report, we will inform the affected User of the decision and of the reasons for it, and of the means of challenging it under clause 18.5, to the extent required by applicable law and unless doing so would prejudice the prevention or detection of crime or the safety of any person.
17.5 If you believe that content on the Service infringes your copyright, you may send a notice to support@neighbourgood.app containing: an electronic or physical signature of the rights holder or an authorised agent; identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing and its location within the Service; your contact details; a statement that you have a good faith belief that the use is not authorised by the rights holder, its agent or the law; and a statement that the information in the notice is accurate and that you are authorised to act on behalf of the rights holder. We will act upon compliant notices and, where a counter-notice procedure applies under the law governing the notice, we will handle counter-notices in accordance with it.
17.6 We operate a policy of terminating, in appropriate circumstances, the Accounts of Users who repeatedly infringe the intellectual property rights of others.
17.7 You must not submit reports or notices that are manifestly unfounded, abusive or submitted in bad faith. We may restrict the ability of a User to submit reports where that User has repeatedly done so.
18. Moderation, Suspension and Termination
18.1 We may take one or more of the following measures where we reasonably consider that a User has breached these Terms, that content is unlawful, or that a measure is necessary to protect the Service or its Users: removal of, or restriction of access to, User Content, including a Review; restriction of the visibility of a Listing; limitation of access to particular features, including the ability to submit Reviews or to receive notifications; suspension of an Account; or termination of an Account and of these Terms.
18.2 The measure applied will be proportionate to the seriousness, frequency and consequences of the conduct concerned, and to whether it appears to be deliberate.
18.3 We may act immediately and without prior notice where the conduct concerned involves an apparent risk to the safety of any person, apparent criminality, fraud, an indication that a User is under the age of eighteen, or a risk to the security or integrity of the Service.
18.4 We will give you notice of any measure taken against your Account or your User Content, and the reasons for it, unless doing so is prohibited by law or would prejudice the prevention or detection of crime or the safety of any person.
18.5 If you consider that a measure has been taken in error, you may challenge it by writing to support@neighbourgood.app within thirty days, setting out the reasons. We will review the matter and will inform you of the outcome. Where we conclude that a measure was taken in error, we will reverse it without undue delay.
18.6 You may terminate these Terms at any time by deleting your Account and removing the App from your device.
18.7 Termination does not affect any right, obligation or liability that accrued before it took effect. Sections 3, 9, 10, 14.4, 14.7, 14.11, 16, 21, 22, 23, 24 and 25 survive termination.
19. Availability, Changes to the Service and Support
19.1 We do not warrant that the Service will be available continuously or without interruption, error or delay. Access may be suspended for maintenance, upgrades, security measures, or reasons beyond our control.
19.2 We may add, modify, restrict or withdraw features of the Service at any time. Where a change materially reduces the functionality available to you, we will give reasonable notice within the App where it is practicable to do so.
19.3 We may discontinue the Service in whole or in part. If we decide to discontinue the Service permanently, we will give you at least thirty days' notice within the App or by email, so that you have an opportunity to retrieve information that matters to you, unless a shorter period is required by law or by circumstances beyond our control.
19.4 The App requires a compatible Apple device, a supported version of the iOS operating system, and an internet connection. You are responsible for your device, your connectivity and any data charges levied by your network operator. We may cease to support older operating system versions.
19.5 We may issue updates to the App. Some updates may be necessary for continued use of the Service, and your device may install them automatically depending on your settings.
19.6 Support is provided on a reasonable endeavours basis by email to support@neighbourgood.app. We do not commit to any particular response time.
20. Third Party Services and Apple App Store Provisions
20.1 The Service relies on third party infrastructure, including cloud database, authentication, storage, notification and hosting services and third party mapping services. Those services are provided under their own terms and we do not control them. Details of the providers we use are set out in the Privacy Policy.
20.2 The Service may contain links to, or content originating from, external websites and resources. We do not control and are not responsible for that content, and the inclusion of a link is not an endorsement.
20.3 The following provisions apply because the App is distributed through the Apple App Store. In this clause, "Apple" means Apple Inc. and its subsidiaries.
- These Terms are concluded between you and the Provider only, and not with Apple. The Provider, and not Apple, is solely responsible for the App and its content.
- The licence granted to you in clause 16.2 is limited to use of the App on an Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
- Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The App is supplied free of charge, and accordingly no purchase price is available for refund.
- The Provider, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
- In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Provider, and not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
- You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a terrorist supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right, and is deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary.
- If you have any question, complaint or claim concerning the App, please contact the Provider at support@neighbourgood.app.
20.4 The minimum age of eighteen years required by Section 4 is a contractual condition of access to the Service imposed by these Terms. It is separate from, and may differ from, the content age rating displayed for the App on the App Store, which is determined in accordance with the age rating categories operated by Apple from time to time.
21. Disclaimers
21.1 To the fullest extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, without warranty, condition or representation of any kind, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, or non-infringement.
21.2 Without limiting clause 21.1, we do not warrant that the Service will meet your requirements, that Listings or Reviews will be accurate or lawful, that any User is who they claim to be or is of the age that they have stated, that any Transaction will be completed or completed satisfactorily, that any item will be as described, that any notification will be delivered, that the Service will be uninterrupted or error free, or that defects will be corrected.
21.3 Nothing in these Terms excludes or limits any warranty, guarantee, right or remedy that applicable law confers on you and that cannot lawfully be excluded or limited. If you are a consumer, you retain the rights and remedies available to you under the mandatory consumer protection law of your country of habitual residence, and those rights are unaffected by these Terms.
22. Limitation of Liability
22.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
22.2 Subject to clause 22.1, and to the fullest extent permitted by applicable law, we are not liable to you for:
- the acts, omissions, conduct, statements, content, honesty, solvency, age or performance of any User, whether occurring within the Service, in the course of a Transaction, at a meeting between Users, or otherwise;
- any Transaction, including non-payment, non-delivery, defective or unsafe goods, misdescription, theft, fraud, damage to property, injury or death;
- any User Content, including any Listing or Review that is inaccurate, misleading, unlawful or infringing;
- loss of profit, loss of revenue, loss of business, loss of anticipated saving, loss of opportunity, loss of goodwill or reputational harm;
- loss or corruption of data, or the cost of procuring substitute services; or
- any indirect, consequential, special, incidental, punitive or exemplary loss, in each case however arising and whether or not the possibility of it was foreseeable or notified to us.
22.3 Subject to clause 22.1, and to the fullest extent permitted by applicable law, our aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort including negligence, breach of statutory duty, restitution or otherwise, is limited to the greater of (a) the total amount that you have paid to us for the Service in the twelve months preceding the event giving rise to the claim, and (b) one hundred United States dollars. The Service is currently provided free of charge and, accordingly, the amount referred to in limb (a) will ordinarily be nil.
22.4 The limitations in this Section reflect the fact that the Service is made available without charge, that we derive no revenue from Transactions, and that we do not control the conduct of Users. You accept that these limitations are reasonable in that context.
22.5 Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. Where that is the case, the exclusions and limitations in Sections 21 and 22 apply only to the extent permitted, and our liability is limited to the minimum extent permitted by the applicable law.
23. Release and Indemnity
23.1 To the fullest extent permitted by applicable law, you release us, and our successors and assigns, from all claims, demands, damages, losses, liabilities and expenses of every kind, whether known or unknown, arising out of or in any way connected with any dispute or dealing between you and another User, including any Transaction, any Review, and any meeting arranged through the Service.
23.2 If you are a resident of the State of California, you expressly waive California Civil Code section 1542, which provides that a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. If the law of another jurisdiction confers a comparable protection, you waive it to the same extent and to the extent permitted by that law.
23.3 You agree to indemnify and hold us harmless against all claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with: your breach of these Terms; your User Content, including any Review that you submit; any Transaction to which you are a party; your breach of any applicable law or of the rights of any third party; or your negligence or wilful misconduct.
23.4 We will notify you of any claim to which clause 23.3 applies, and you will not settle any such claim in a manner that imposes any obligation or admission on us without our prior written consent. We may assume the conduct of the defence of any such claim at your cost, in which case you will provide reasonable cooperation.
23.5 This Section does not apply to the extent that a claim arises from our own breach of these Terms, and does not apply where the applicable mandatory consumer protection law of your country of habitual residence prohibits an indemnity of this kind.
24. Governing Law and Dispute Resolution
24.1 These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or their formation, including non-contractual disputes or claims, are governed by the law of the Province of British Columbia, Canada.
24.2 Subject to clauses 24.3 and 24.4, the courts of British Columbia, Canada have exclusive jurisdiction to settle any such dispute or claim.
24.3 If you are a consumer, nothing in clauses 24.1 and 24.2 deprives you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of habitual residence, and you may bring proceedings in the courts of that country where the applicable law so provides.
24.4 Before commencing proceedings, we ask that you first contact us at support@neighbourgood.app with a description of the dispute and the outcome you seek. We will attempt in good faith to resolve the matter within thirty days of receiving your notice. This step is not a precondition to your right to bring proceedings, and it does not suspend any limitation period.
24.5 If you are a consumer resident in the European Union, you may be able to refer a dispute to an alternative dispute resolution body competent in your country. The European Commission online dispute resolution platform ceased to operate on 20 July 2025 and is no longer available. Nothing in these Terms obliges us to participate in any alternative dispute resolution procedure unless applicable law so requires.
24.6 To the extent permitted by applicable law, any claim relating to the Service must be brought on an individual basis and not as a claimant or class member in any purported class, collective or representative proceeding. This clause does not apply where it is unenforceable under the law applicable to you, and it does not apply to claims brought by a consumer where mandatory law provides otherwise.
25. General Provisions
25.1 These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to the Service and supersede any previous agreement or understanding on that subject. Nothing in this clause limits liability for fraudulent misrepresentation.
25.2 If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision is to be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed, and the remaining provisions continue in full force.
25.3 A failure or delay by us in exercising any right or remedy does not constitute a waiver of it, and no single or partial exercise prevents any further exercise.
25.4 We may assign, transfer or novate our rights and obligations under these Terms to any person who acquires the Service or the business associated with it, provided that this does not adversely affect your rights. You may not assign or transfer your rights or obligations without our prior written consent.
25.5 Except as provided in clause 20.3(h) in respect of Apple, no person other than you and us has any right to enforce any provision of these Terms.
25.6 We are not liable for any failure or delay in performance caused by an event beyond our reasonable control, including failure of telecommunications or hosting infrastructure, cyber attack, act of government, natural disaster, epidemic, industrial action or armed conflict.
25.7 We may give you notice by email to the address associated with your Account, or by notification or message within the App. You may give us notice by email to support@neighbourgood.app or in writing to 19667 73C Avenue, Langley, BC V2Y 3R5, Canada.
25.8 These Terms are drafted in English. Any translation is provided for convenience only, and in the event of any inconsistency the English text prevails, except where mandatory law provides otherwise.
25.9 Headings are for convenience only and do not affect the interpretation of these Terms.
25.10 Questions about these Terms may be sent to support@neighbourgood.app.