Happy Jar terms

1. Agreement and operator

These terms of use (Terms) form an agreement between you and Media Two Pty Ltd (ACN 600 468 077), as trustee for the Media Two Unit Trust (ABN 81 798 146 368), the operator of Happy Jar (Happy Jar, we, us, or our). They apply to the Happy Jar website at happyjar.com.au and the features made available through it (the Service).

By accessing the Service, creating an account, selecting the terms checkbox, signing in, or continuing to use Happy Jar, you agree to these Terms. If you do not agree, do not create an account or use the Service.

Our Privacy Policy explains how we handle personal information and should be read with these Terms. Agreeing to these Terms is not blanket consent to uses of personal information beyond those described in the Privacy Policy or otherwise permitted by law.

2. Who may use Happy Jar

You must be at least 16 years old to create or keep a Happy Jar account. If you are 16 or 17, you confirm that a parent or guardian has reviewed these Terms and given you permission to use the Service. You must also be legally capable of entering this agreement.

If you use Happy Jar from outside Australia, you are responsible for following any minimum-age and other laws that apply where you live. You may not use the Service if we have previously suspended or closed your account for a serious or repeated breach unless we give you written permission.

3. The service

Happy Jar lets members record personal moments, add optional photos, search and revisit their jar, and choose whether individual moments are private or shared publicly. Members may also have a public profile, browse publicly shared moments, and like those moments.

Happy Jar is currently offered without a subscription fee. We do not promise that every feature will always remain free. We will not charge you without clearly telling you the price and obtaining your agreement first.

Happy Jar is a personal journalling and community service. It is not medical care, counselling, mental-health treatment, crisis support, or an emergency service. Do not rely on it for diagnosis, treatment, or urgent help. In an emergency, contact emergency services on 000 in Australia or the appropriate service where you are.

4. Accounts and sign-in

You must provide accurate account information and keep your email address reasonably current. Keep your password and sign-in method confidential, use a strong password, and sign out when using a shared device. Do not sell, transfer, lend, or share access to your account.

Tell us promptly through the contact method in section 19 if you believe someone has accessed your account without permission. You are responsible for activity you authorise and for losses caused by your failure to take reasonable care of your sign-in details. This does not make you responsible for activity caused by our breach, negligence, or a security incident outside your reasonable control.

If you choose Google sign-in, Google also applies its own terms and privacy policy. Happy Jar receives the basic identity information needed to create or find your account, such as your Google account identifier, name, and verified email address. We do not store your Google password.

5. Privacy and visibility

New moments are private by default. A moment is shown publicly through Happy Jar only when you mark that moment public and also enable your public jar. Public moments may appear on the home page, Discover page, and your public profile together with your chosen name, avatar, and profile note. Like counts may be shown, but Happy Jar does not currently display a public list of the people who liked a moment.

Review your settings before sharing. Public content can be seen, photographed, copied, indexed, cached, downloaded, or shared by other people outside Happy Jar. Changing a moment back to private or archiving it stops future public display by Happy Jar, but cannot recall copies, screenshots, search-engine caches, or links already obtained by others.

No online service can promise absolute confidentiality or security. Do not use Happy Jar as the only place to keep irreplaceable information, and do not upload passwords, identity documents, financial details, health records, or other information that would create serious harm if disclosed.

6. Your content and our licence

You keep ownership of the words, photographs, profile information, and other material you submit to Happy Jar (Your Content).

You give us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, back up, transmit, resize, crop where technically necessary, convert between file formats, and display Your Content only as reasonably needed to operate, secure, maintain, and improve the Service and to apply the visibility choices you make. We may allow hosting, backup, security, and other service providers to perform those limited activities for us.

This licence does not give us ownership of Your Content or permission to sell your private moments, use them in advertising, or make a private moment public. To the extent required under moral-rights laws, you consent only to technical changes reasonably necessary to provide the Service, such as resizing or converting an uploaded image.

The licence ends when Your Content is permanently deleted from our systems, except that limited copies may remain for a reasonable period in secure backups, logs, legal records, or safety evidence. Copies made by other people while content was public are outside our control.

7. Your content promises

You promise that you own Your Content or have every permission needed to submit it and allow us to use it as described above. This includes permission from a photographer or copyright owner and, where appropriate, consent from identifiable people shown or described.

Take particular care with photographs and personal information about children. Only a parent, guardian, or another person with proper authority should share that material. Do not reveal another person's private or sensitive information without a lawful basis and their appropriate consent.

8. Community standards

Use Happy Jar with care and respect. You must not submit, share, link to, encourage, or use the Service to distribute content that:

• is unlawful, fraudulent, deceptive, defamatory, or infringes copyright, privacy, publicity, trade mark, or another person's rights;
• threatens, harasses, humiliates, stalks, bullies, impersonates, or deliberately exposes another person to harm;
• contains hate speech or attacks people because of race, nationality, religion, disability, sex, gender identity, sexual orientation, or another protected characteristic;
• reveals private contact details, addresses, identity documents, intimate information, or other personal data without proper authority;
• contains child sexual exploitation or abuse material, sexual content involving a minor, non-consensual intimate material, or material that sexually exploits any person;
• promotes or instructs serious violence, terrorism, suicide, self-harm, abuse, or dangerous illegal activity;
• is unsolicited advertising, spam, a scam, malicious software, or designed to obtain passwords or other confidential information; or
• is otherwise likely to create a serious safety, legal, or security risk for a person, Happy Jar, or the wider community.

9. Protecting the service

You must not interfere with Happy Jar or use it in a way that is unreasonable, abusive, or not intended. In particular, do not:

• probe, bypass, disable, or defeat authentication, privacy, rate limits, or security controls;
• access another person's account or private content without permission;
• introduce malicious code, overload the Service, or disrupt another person's use;
• scrape, harvest, index, or copy accounts or content using automated means without our written permission;
• reverse engineer or attempt to extract source code except where the law expressly permits it; or
• manipulate likes, create deceptive accounts, or use Happy Jar for commercial promotion without our written permission.

10. Reports and moderation

Happy Jar does not promise to review every item before it appears. We may investigate a report or apparent breach and may hide or remove content, limit its visibility, restrict features, preserve relevant evidence, warn a member, or suspend or close an account where we reasonably believe this is needed for safety, security, legal compliance, or a material breach of these Terms.

Where practical, we will give the affected member notice, a reason, and a reasonable opportunity to respond or appeal. We may act without advance notice where urgent safety, evidence preservation, security, or legal obligations require it. We may also provide information to regulators, emergency services, or law-enforcement authorities where required or permitted by law.

To report content or appeal a moderation decision, use the contact method in section 19. Include the relevant profile or moment link, what happened, and why you believe action is needed. Do not publicly repost harmful material simply to report it.

11. Copyright complaints

If you believe content on Happy Jar infringes your copyright or another intellectual-property right, contact us using section 19. Identify the protected work, the Happy Jar content and URL in question, your relationship to the rights owner, your contact details, the action requested, and why you believe the use is not authorised.

We may ask for more information, temporarily restrict the content while reviewing the complaint, notify the member who posted it, and remove it where appropriate. Knowingly making a false or misleading complaint may itself breach these Terms or the law.

12. Happy Jar property

Except for Your Content and material owned by others, the Service, software, design, branding, text, graphics, and other Happy Jar material are owned by or licensed to us and are protected by intellectual-property laws.

We give you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for personal, non-commercial purposes in accordance with these Terms. No other rights are granted. If you send an idea or suggestion, you allow us to consider and use it without payment or an obligation to implement it, but you keep ownership of any copyright you hold in the original material you send.

13. Third-party services

Happy Jar may link or redirect to services operated by others, including Google for optional sign-in. Those services are controlled by their own operators and may have separate terms, privacy practices, availability, and security. We are not responsible for a third-party service merely because Happy Jar links to or works with it, although this does not limit any responsibility we cannot lawfully exclude.

14. Availability, changes, and backups

We aim to keep Happy Jar warm, useful, and available, but we cannot promise uninterrupted or error-free access. Maintenance, upgrades, internet failures, security events, third-party outages, or circumstances outside our reasonable control may interrupt the Service.

We may add, change, or retire features where reasonably necessary. If we plan to discontinue the Service or make a change that materially reduces access to stored content, we will give reasonable notice and a reasonable opportunity to save important content where practical, unless urgent security or legal circumstances prevent it.

Keep an independent copy of moments and photos that matter deeply to you. Happy Jar is not intended to be your only backup or a permanent archival repository.

15. Archiving and closing accounts

Archiving a moment removes it from your active jar and public listings, but is not the same as permanent deletion. The archived database record and associated photo may remain stored.

You may stop using Happy Jar at any time. To request account closure, permanent deletion, or a copy of information where available, contact us using section 19. We may need to verify your identity before acting. Save any content you want to keep before asking us to close your account.

We may suspend or close an account for a serious or repeated breach, a safety or security threat, unlawful use, or where required by law. Where practical, we will first give notice and a chance to correct the issue. After closure, we may retain limited information for backups, fraud prevention, dispute resolution, legal compliance, and safety for as long as reasonably necessary.

Sections that by their nature should continue after an account closes will survive, including ownership, limited backup and legal-retention rights, liability, disputes, and general terms.

16. Consumer rights and disclaimers

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

Subject to those non-excludable rights, Happy Jar is provided on an as-available basis. We do not promise that every member's content is accurate, appropriate, or reliable; that using Happy Jar will improve health or wellbeing; that the Service will meet every personal requirement; or that stored content can never be lost or damaged.

Public moments are created by members, not endorsed by Happy Jar. You should use your own judgement before relying on information shared by another person.

17. Liability and responsibility

To the maximum extent permitted by law, neither party is responsible to the other for indirect or consequential loss that was not reasonably foreseeable when these Terms were accepted.

We are not responsible to the extent a loss is caused by your breach of these Terms, your decision to make content public, an unauthorised third-party copy made after public sharing, a third-party service, or an event outside our reasonable control. We remain responsible to the extent required by law for loss caused by our own conduct.

If a third-party claim or reasonable cost results directly from Your Content being submitted without the required rights or from your deliberate unlawful use of Happy Jar, you are responsible for that claim or cost to the extent you caused it and the law permits. We will give you reasonable notice where practical and take reasonable steps to reduce avoidable loss. This responsibility does not apply to the extent the claim was caused by us.

Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

18. Changes to these terms

We may update these Terms to reflect changes to Happy Jar, our practices, or the law. We will publish the updated Terms with a new effective date. For a material change, we will give reasonable advance notice through the Service or the account email address where practical.

Changes apply prospectively from the stated effective date. If you continue using Happy Jar after that date, you agree to the updated Terms. If you do not agree, stop using the Service and request account closure before the updated Terms take effect.

19. General terms and contact

These Terms and the policies they expressly incorporate are the entire agreement about your use of Happy Jar. If part of them is invalid or unenforceable, it will be read down or removed only to the extent necessary, and the rest will continue. A delay in enforcing a right is not a waiver of that right.

You may not transfer your account or your rights under these Terms. We may transfer operation of Happy Jar and these Terms as part of a genuine sale, restructure, or transfer of the Service if the new operator agrees to honour them and we give reasonable notice.

These Terms are governed by the laws of Queensland, Australia and applicable Commonwealth laws. The courts of Queensland have non-exclusive jurisdiction. This does not prevent you from relying on a mandatory right or bringing a claim in another forum available to you under applicable consumer law.