Red-Point Terms of Use
Alpha Outdoors Pty Ltd
Agreement, Acceptance & Definitions
For the purposes of these Terms: • “App” means the Red‑Point mobile application and any updates we make available. • “Services” means all functionality, content, data layers, websites, APIs and support we provide in connection with the App. • “Content” means all text, images, 3‑D models, maps, video, audio, statistics and any other materials contained in or made available through the App, including User‑Generated Content (“UGC”). • “UGC” means any content that you or other users upload, post or otherwise provide to the App.
By downloading, installing, accessing or using the App or Services and by tapping the separate “I Agree” button next to each linked document (these Terms, the Privacy Policy and the Safety & Risk Disclaimer) you acknowledge that you have read each document in full and agree to be legally bound by them. If you do not agree, uninstall the App and discontinue all use.
Eligibility
2.1 You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to create an account and purchase a subscription.
2.2 Individuals aged 13–17 may use the App only under the active supervision of a parent or legal guardian who creates the account, accepts these Terms on their behalf and remains responsible for all use.
2.3 The App is not directed to children under 13 and we do not knowingly collect personal information from them. If you are under 13 you must not use the App.
2.4 You represent that you have all permissions and authorisations required to use the App in the territory where you access it and that doing so will not breach any law, regulation or court order applicable to you.
Account Registration & Security
3.1 You must provide accurate, current and complete information when creating an account and keep that information up to date.
3.2 You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorised by you. We are not liable for any loss or damage arising from unauthorised use of your credentials.
3.3 You must notify us immediately at support@red‑point.com.au if you believe your account has been compromised.
3.4 We reserve the right to reclaim usernames, remove or suspend accounts that: (a) violate these Terms; (b) infringe intellectual‑property rights; or (c) remain inactive for twelve (12) consecutive months.
Subscription Plans, Billing & Taxes
4.1 Plans. The App offers a free tier with limited functionality and paid “Plus” subscription plans (monthly or yearly) described in the App‑store listing.
4.2 Auto‑renewal. Paid plans renew automatically at the end of each billing period unless you cancel at least 24 hours (or any longer period required by the applicable store) before renewal using the same Apple App Store or Google Play account you used to purchase. All billing and cancellation processes are handled by the respective app store.
4.3 Trials. If we offer a free trial, the applicable subscription fee will be charged automatically at the end of the trial unless you cancel before that time.
4.4 Pricing & tax. All prices are displayed in the local currency shown in the app store and include Goods and Services Tax (GST) or other applicable indirect taxes unless expressly stated otherwise. Any price changes will be communicated via the app store. If you do not agree with a new price, cancel the subscription before the next renewal.
4.5 Downgrades & refunds. Downgrades take effect at the next billing cycle. No prorated or partial refunds are provided except as required under the Australian Consumer Law or the policies of the platform through which the purchase was made.
Licence & Alpha Outdoors IP Ownership
5.1 App IP. Except for UGC validly assigned to us under Clause 6, Alpha Outdoors Pty Ltd retains all right, title and interest in and to the App, the Services and all related software, databases, designs, trade marks and proprietary data (collectively, Company IP).
5.2 Personal licence back to you. Subject to your ongoing compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable, revocable licence to install and use the App and to access the Content (including any UGC incorporated into that Content) for your own personal, non‑commercial use.
5.3 No implied rights. All rights not expressly granted to you are reserved by Alpha Outdoors. You may not copy, reproduce, resell, reverse‑engineer, decompile, disassemble, attempt to derive source code from, modify or create derivative works of the App or Company IP except as permitted by law or with our prior written consent.
5.4 UGC becomes Company IP. Any UGC assigned to us under Clause 6 forms part of the Company IP and may be used, sublicensed and commercialised by Alpha Outdoors in its sole discretion.
User‑Generated Content (UGC) & IP Assignment
6.1 Ownership transfer. To the fullest extent permitted by law, you hereby irrevocably assign to Alpha Outdoors Pty Ltd all right, title and interest (including all present and future intellectual‑property rights) in and to any UGC you submit, upload or otherwise make available through the App or Services. Where an assignment is not effective under applicable law, you instead grant Alpha Outdoors an exclusive, perpetual, worldwide, royalty‑free, transferable and sublicensable licence (with the right to grant further sublicences) to host, store, use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, communicate and otherwise exploit the UGC in any format or medium now known or later developed for any purpose, including commercial purposes, without further notice or compensation to you.
6.2 Moral‑rights waiver. To the maximum extent permitted by law, you waive and agree not to assert any moral rights (including rights of attribution, integrity, or to be identified as the author) in relation to the UGC against Alpha Outdoors, its sublicensees or end users.
6.3 Warranties. You represent and warrant that: (a) you either own the UGC or have all rights necessary to assign or exclusively license it to us as set out above; (b) the UGC does not infringe any intellectual‑property or privacy rights, or breach any confidentiality obligation or applicable law; and (c) the UGC is accurate, lawful and not misleading.
6.4 Indemnity for UGC. You agree to indemnify and hold Alpha Outdoors harmless against any claim, loss or expense (including legal fees on a full indemnity basis) arising from or in connection with the UGC, including any allegation that the UGC infringes a third‑party right or violates law.
6.5 Retention after account deletion. The rights granted (or assigned) under this clause survive termination of your account and continue indefinitely. We may retain, use or delete UGC at our sole discretion, and copies may persist in backup or archival systems. We are under no obligation to supply, export or otherwise make available to you any copy of UGC following its submission or your account’s closure.
6.6 Removal & moderation. We may, at any time and without notice, screen, edit, refuse, remove or disable access to any UGC that we consider (in our sole judgment) to violate these Terms or to be otherwise objectionable, but we are not obliged to do so.
Prohibited Conduct
You must not:
a. violate any law, regulation or land‑manager access rule while using the App;
b. upload malware, spam or content that is defamatory, obscene or infringing;
c. scrape, bulk‑download, or commercially exploit the Content without written consent;
d. impersonate another person or misrepresent your affiliation with Red‑Point.
Safety & Risk; No Professional Advice
8.1 Climbing, bouldering and mountaineering are inherently dangerous and can result in serious injury or death.
8.2 The Short Safety Disclaimer (incorporated here by reference) sets out critical risk information.
8.3 The App provides general informational content only and is not a substitute for professional instruction or your own skill and judgment.
8.4 Content accuracy & user verification. All Content—whether generated by Alpha Outdoors or by other users—may be incomplete, inaccurate, geospatially imprecise or outdated. Conditions, access rules and route details change without notice. You must independently verify any information before relying on it, and you bear all risk for decisions made in reliance on the Content. We are not responsible or liable for any loss, damage or injury arising from errors, omissions or inaccuracies in the Content.
Third‑Party Services & Links
Maps, location data and payment processing may be provided by third parties. We do not warrant their accuracy or availability. External links are followed at your own risk.
Service Availability, Changes & Force‑Majeure
We may modify, suspend, disable or discontinue the App or any part of the Services at any time without liability. Force‑majeure: Alpha Outdoors will not be liable for any delay, interruption or failure to perform arising out of any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, storms, war, terrorism, civil unrest, labour disputes, epidemic or pandemic, governmental action, power or network failure, or the unavailability of third‑party services or communications networks.
Privacy
We collect, use and share personal information as described in our Privacy Policy, which forms part of these Terms.
Disclaimer of Warranties
To the fullest extent permitted by law, the App, Services and all Content are provided “AS IS” and “AS AVAILABLE.” We disclaim all express or implied warranties including merchantability, fitness for purpose, non‑infringement, accuracy, completeness, currency, reliability and uninterrupted availability. Without limiting the foregoing, we make no representation or warranty that any Content is error‑free, complete, up‑to‑date or fit for your particular objectives, and we accept no liability for any loss or damage arising from your reliance on the Content.
Limitation of Liability
13.1 ACL carve‑out: Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL that cannot lawfully be excluded.
13.2 Subject to 13.1, Alpha Outdoors (and its directors, officers, employees, agents and licensors) will not be liable for any indirect, consequential, exemplary, incidental or punitive damages, or for loss of profits, data, goodwill or opportunity, including (without limitation) any loss arising from your use of, reliance on, or inability to use, inaccurate, incomplete, outdated or otherwise erroneous Content.
13.3 Cap on liability. Our aggregate liability to you for all claims arising under or in connection with these Terms shall be limited as follows:
(a) Free‑tier users: if you have paid no subscription or other fees to us in the twelve (12) months preceding the claim, our total liability shall not exceed AUD 100; and
(b) Paying users: if you have paid any subscription or other fees to us in the twelve (12) months preceding the claim, our total liability shall not exceed the total amount of fees you actually paid to us in that period.In either case, this limitation applies regardless of the theory of liability, whether in contract, tort (including negligence) or otherwise.
13.4 No liability for data errors. Without limiting 13.2, Alpha Outdoors will not be liable to you or any third party for any loss, damage, cost or injury (including death) arising directly or indirectly out of or in connection with any errors, omissions, inaccuracies or incomplete, outdated or misleading data, maps, models or other Content—whether such Content originates from Alpha Outdoors, other users, third‑party suppliers or any automated process—even if we have been advised of the possibility of such loss.
Indemnity
You agree to defend, indemnify and hold Alpha Outdoors (and its directors, officers, employees, contractors, agents and licensors) harmless from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including legal fees on a full‑indemnity basis) arising out of or in connection with:
(a) your breach of these Terms or any applicable law;
(b) your use or misuse of the App, Services or Content;
(c) any UGC you provide, including any allegation that such UGC infringes or misappropriates a third‑party’s intellectual‑property, privacy or other rights; and
(d) any third‑party claim for personal injury, property damage or other harm allegedly caused by your climbing, guiding or related activities facilitated by the App.
Termination
5.1 You may cease use and uninstall the App at any time.
15.2 We may suspend or terminate your access immediately if you breach these Terms, if we discontinue the App, or as required by law.
15.3 Clauses that by their nature or express terms are intended to survive termination—including but not limited to 1, 5, 6, 8, 12, 13, 14 and this 15—will continue in full force. In particular, the IP assignment and licence granted under Clause 6 and our ownership of Company IP under Clause 5.4 survive indefinitely.
Governing Law & Dispute Resolution
16.1 These Terms are governed by the laws of Queensland, Australia.
16.2 The parties submit to the exclusive jurisdiction of the courts of Queensland, except that a party may elect to refer any dispute to arbitration under the ACICA Expedited Arbitration Rules, seat Brisbane, language English. Judgment on an arbitral award may be entered in any court of competent jurisdiction.
16.3 Third‑party beneficiaries (Apple & Google). You acknowledge and agree that Apple Inc. (including its subsidiaries) and Google LLC (including its subsidiaries) are intended third‑party beneficiaries of these Terms with the right (but not the obligation) to enforce them against you as they relate to your licence of the App obtained through the Apple App Store or Google Play. Except for Apple and Google, and their respective affiliates, no other person or entity shall be a third‑party beneficiary of these Terms.
Severability
If any provision of these Terms is held invalid or unenforceable, it is severed and the remainder remains in effect.
Entire Agreement, Updates & No Waiver
18.1 These Terms, together with the Privacy Policy and Safety Disclaimer, constitute the entire agreement between you and Alpha Outdoors concerning the App and supersede all prior or contemporaneous understandings, communications and proposals—whether oral or written—relating to the subject matter herein.
18.2 We may update these Terms from time to time. Changes take effect when posted in‑App or on our website and, for material changes, after 30 days’ notice. Continued use after that date constitutes acceptance.
18.3 No waiver. The failure or delay by Alpha Outdoors to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Alpha Outdoors to be effective.
Questions?
Email us at support@red-point.com.au. We aim to reply within two business days.