TERMS AND CONDITIONS
Thanks for Joining Starting Five on your journey to improved physical and mental health, wellbeing and life, and for being a part of our community. In all instances, we endeavour to supply the most up to date content that will help you along your journey. We are always looking for ways to improve our services and commit to providing you the best content.
These terms and conditions (hereinafter “Terms”) govern Your use of Our application, “Starting Five” which is hereinafter referred to as “the Product/Service/or Company” and is available at: iTunes Store and Google Play Store
The Product/Service is owned and operated by: Starting Five Pty Ltd (ACN 644169648)
These Terms constitute a binding contract between You and: Starting Five Pty Ltd (ACN 644169648) In connection with Your use of the Product, we may also provide You with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these items collectively as “the Items”.
These Terms will govern Your use of all pages of the Product/Service, as well as Your use of the Items.
If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.
These Terms and Conditions are set out to cover Australia, US and all other Countries outside of the European Union (EU). For EU, please see our GDPR.
“Australian Consumer Law” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
“Company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials. “Content” means any content, writing, images, audio-visual content or other information published on the Product. “Contract” means these terms and conditions.“Dispute” means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms. “Effective Date” means the date that these Terms come into force.
“The Company” means Starting Five Pty Ltd.
“Application” means any current of future version of Starting Five Application in which you access the Service.
“Subscription” means your agreement to meet set payments, as set out by the Company upon signing up to the Service.
“Goods” means any or all goods provided by or on the Product. “Identifying Information” means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password. “Items” means any and all of the Product, Goods, Services, Content and Materials collectively.
“Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or Product.
“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively. “Product” means the mobile application called “Starting Five” including all pages, all sub pages, all blogs, all forums, and all other connected internet content whatsoever which is available at: iTunes Store and Google Play Store
“Services” means any or all services provided by or on the Product and The Company. Including but not limited to exercises within the app, yoga, meditations, programs, self-care activities, advice, knowledge sharing, mind health, mental health provided by The Company through the Application, Website, Instagram, Facebook Community, or other services that may be available from time to time.
“Terms” means these terms and conditions. “Third Party Goods and Services” means Goods and/or Services sold by third parties via the Product or via Third Party Links.
“Third Party Links” means links or references to websites or applications other than the Product, to content other than the Content or to materials other than the Materials, none of which are controlled by Us. “Us”, “We”, “Our”, “the Company” or “the Owner” refers to Starting Five Pty Ltd “Us”, “We”, “Our”, “the Company” or “the Owner” also includes any employees, affiliates, agents or other representatives of Starting Five Pty Ltd
“You” or “Your“ refers to the user of the Product/Service. “Your Content” means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
- In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
- 2.1. Words referring to one gender include every other gender.
- 2.2. Words referring to a singular number include the plural, and words referring to a plural include the singular.
- 2.3. Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
- 2.4. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. YOUR AGREEMENT AND REPRESENTATIONS, SERVICE ACCESS AND TERMS
3.1 By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.
3.2 By continuing to use the Product and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.
3.3 By continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these Terms.
3.4 By continuing to use the Product and the Items you acknowledge at times we will make revision to these terms, this can happen at any moment. It is your responsibility to review the current terms and ensure you’re applying to the most recent version, as you will be subject to the updates and those terms and conditions will be in force at that time for Services use.
3.5 By continuing to use the Product and the Items you acknowledge that you are responsible for making all of the necessary arrangements to have access to the Application, including any costs associated to the Services, hardware, equipment, software and carrier fees required. It is also your responsibility to ensure that all person who have access to this Application and Services through your device or account are aware of these Terms and that they comply with them.
3.7 By continuing to use the Product and the Items you acknowledge that upon signing up you will provide a username and Password, or use your details from Facebook, Apple ID, or Google. You are responsible for keeping this information safe and secure and for all activity carried out under this username. Your personal information must not be shared with, or sold to any identity, including but not limited to a person and company. Any suspicious activity or excessive login attempts will be construed by Us and breach of use of our Services, which will result in a cancelation of your access to our Services without a refund or written notice prior to cancellation. When purchasing access to any Services, you must take all actions possible to protect your personal identity, including but not limited to username and password from fraudulent activity.
3.8 By continuing to use the Product and the Items you acknowledge that Age Restrictions will apply and the Services provided through this Application, and other means of delivery, is only available to those individuals 18 years of age or older and who have the full capacity to enter binding contracts on their own behalf, or on the behalf of those individuals under the age of 18 years for whom they have legal responsibility. You are not permitted to use the Services if you are not 18 years of age or older unless you have the consent of your parent or guardian who has consented to these Terms.
4. SALE OF GOODS/SERVICES
4.1 We may sell Goods or Services or may allow third parties to sell Goods or Services on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the “Exclusion of Liability” clause.? Please refer to Our additional terms and conditions for sale of goods and/or terms and conditions for sale of services as applicable.
5. SUBSCRIPTION Subscription Fee
5.1 You acknowledge and agree that:
5.2 You must pay the company the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (Subscription Fee).
5.3 Your Subscription fee will automatically renew on the Due Date unless cancelled in accordance with this clause 5; and
5.4 The Subscription Fee is subject to review by the Company and may be varied by notice in writing to you not less than thirty (30) days prior to Due Date, and you agree that such notice may occur via email or by other reasonable means.
5.5 Your access to the Service is conditional on you paying the Subscription Fee Processing and Payment.
5.6 All prices are in Australian Dollars (AUD) unless otherwise stated.
5.7 Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.
5.8 Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
5.9 If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.
5.10 All payments made are non-refundable unless otherwise stated in clause (5.13). Cancellation and Subscription
5.11 You may cancel your subscription by:
5.11.1 Following the prompts through either your Apple Subscriptions on Google Play store (please not as this is a third party, we’re unable to cancel these subscriptions on your behalf)
5.12 Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates.
5.13 Notwithstanding clause (5.10), in the event that you cancel a three- or twelve-monthly subscription, a pro rata refund may be available for the unused portion of your Subscription, as per Apple Subscription or Google Play store terms and conditions. All cases will be considered on a case-by-case basis. The Company does not warrant that a refund will be given in any circumstances.
5.14 Upon cancellation of the Subscription, you will no longer be permitted to have access to or benefit for the Service at the end of your paid Subscription period.
5.15 You acknowledge and agree that the Company may terminate your access to the Service in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.
6. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS
6.1 We may provide You with certain other Items in connection with Your use of the Product.
6.2 Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
6.3 You may not use the Product, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.
7. SALE OF GOODS/SERVICES
7.1 We may sell Goods or Services or may allow third parties to sell Goods or Services on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the “Exclusion of Liability”.
7.2 Please refer to Our additional terms and conditions for sale of goods and/or terms and conditions for sale of services as applicable.
8.1 Application availability: While we try to ensure the Application is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Application is unavailable or otherwise not fully or properly functioning at any time or for any period.
8.2 Suspension of access: Access to the Application may be suspended temporarily at any time without notice.
8.3 Information security: The transmission of information via any application like the Application is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Application; any transmission is at your own risk.
9. DISCLAIMERS – MEDICAL
9.1 The Services include information and instructions relating to yoga, exercise, fitness, mind health, meditation, breathing techniques, diet and food, building habits, self-care activities, life-style activities (financial saving), tool kit items and some of the products and services available to through the Services related to such topics. You acknowledge and agree that the disclaimers in this clause (9) apply to all such information, instructions, products and services.
9.2 Before participating in any form of service, exercise, knowledge or program covered in (9) and provided in the Application, we strongly recommend that you consult a medical practitioner or other healthcare provider. Starting Five, it’s Co-Founders, Employees, Partners, Shareholders, and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise, program or diet on a medical condition.
9.3 The Company and the Services are not substitutes for medical advice from your doctor, therapist or healthcare provider. We make no warranties or representation, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.
9.4 Health advice is often changing and refining due to medical advancement and research. We are committed to bringing you the most up to date information, however, We give no guarantee or assurance whatsoever that the information or content that a part of the Services is the most recent on any particular subject.
9.5 Never disregard medical advice or delay seeking it because of a statement you have read or heard on by The Company and/or in any Services. The Company should not be used in lieu of any advice given by qualified medical professionals, such as your doctor, health and wellness specialist, therapist or nutritionist. It is important that you use the Services only in conjunction only with qualified medical advice. You are encouraged to seek professional advice prior to starting any exercise or Service within the Application.
9.6 We take reasonable precautions to ensure that the Services are safe. In using the Services, you acknowledge and agree that, when participating in any exercise, advice, program, or services within the app, there is a possibility of physical injury or death. Given the disclosures and disclaimers by The Company, you assume the risk and responsibility for any such results or outcomes.
9.7 If you know or suspect that you have any medical, physical or mental health condition, it is imperative that you seek the medical advice from a medical practitioner, therapist, or necessary professional before using any information, goods, services, programs, advice available, advertised or sold on or through the Services. If you experience any issues obtaining from use of the Application, you must immediately cease the activity and seek the assistance of a professional qualified to assist with your condition.
10. DISCLAIMERS – GENERAL
10.1 Application information: The Company may make changes to the material on the application or Service, at any time without notice.
10.2 Viruses and Malware: The Company does not represent or warrant that the Application or any other material accessible from the Application is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should install your own systems to protect your security and software.
10.3 The Company is not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by user of the Services and third parties are theirs alone, not opinions of The Company. Any content provided by a third party is the sole responsibility of the third party and The Company does not endorse, warrant or guarantee its accuracy and/or completeness.
11. EXCLUSION OF LIABILITY
11.1 The Product, Content and Materials are provided for general information only and may change at any time without prior notice. You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies.
11.2 Your use of the Product, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Product suits Your particular purpose.
11.3 Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.
11.4 To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
11.5 To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.
11.6 To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
11.7 To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.
11.8 for Goods and/or Services sold by third parties via the Product or via Third Party Links (hereinafter “Third Party Goods and Services”):
11.8.1. You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.
11.8.2 You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of Third Party Goods and Services.
11.8.3 For any claim You may have against the Third Party provider of the Third Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third Party Goods and Services and not with Us.
11.8.4 To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and product liability claims.
12.1 You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
13.1 We may immediately terminate these Terms at any time, with or without cause.
13.2 We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
13.3 These Terms terminate automatically if we cease to operate the Product/Service for any reason.
13.4 If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
13.5 At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the “Exclusions of Liability” clause.
14. OTHER ACTION
14.1 We reserve the right to take any of the following actions in Our sole discretion:
14.1.1 Monitor, review, edit or delete any Content which You have added, uploaded or posted to the Product or through the other Items, whether or not You have breached these Terms.??
14.1.2 Record any correspondence that occurs in public sections of the Product.
14.1.3 Review any allegations about breaches of these Terms, and determine in Our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches.
14.1.4 Determine in Our sole discretion whether to terminate Your or another Product user’s access to any particular section or sections of the Product or other Items.
15. ACCEPTABLE USE
15.1 You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.
15.2 You further agree not to use the Product or the Items:
15.2.1 to harass, abuse, or threaten any other person or to otherwise violate any other person’s legal rights;
15.2.2 to violate any intellectual property rights of Us or of any third party;
15.2.3 to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
15.2.4 to commit any kind of fraud;
15.2.5 to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
15.2.6 to publish or distribute any obscene or defamatory material;
15.2.7 to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;
15.2.8 to unlawfully gather information about others.
15.2 9Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.
16. VARIATION OF TERMS
16.1 You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product/Service following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.
16.2 You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.
16.3 In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.
17. THIRD PARTY LINKS
17.1 You hereby acknowledge that We may from time to time include links or references to other websites, other content or other materials (hereinafter “Third Party Links”), none of which are controlled by Us.
17.2 You hereby acknowledge that these Third Party Links are provided for Your information only and that We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at Your own risk.
18. CHANGES TO PRODUCT/SERVICE
18.1 You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or the Product at any time.
18.2 You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
18.3 You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.
19. INTELLECTUAL PROPERTY
19.1 The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter “Company IP”).
19.2 You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
19.3 You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.
19.4 You hereby acknowledge and agree that by adding, posting or uploading any Content on the Product (hereinafter “Your Content”), you grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free and transferrable right and licence to use Your Content in any way We choose. This licence includes a right and licence to:
19.4.1 reproduce, copy, alter or make derivate works from Your Content in any way We choose; and display, communicate to the public, broadcast or transmit Your Content in any way We choose; and
19.4.2 authorise any other person, company or organisation to use Your Content in any way We choose.
19.5 You represent and warrant to Us that You have all necessary rights to grant the licences and to provide the consents set out in this clause in relation to “Intellectual property”.
19.6 All of the provisions of this clause in relation to “Intellectual property” shall survive any termination of these Terms.
20. USER REGISTRATION
20.1 You may be asked to register with Us in order to use or access the Items.
20.2 If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password (“Identifying Information”). This Identifying Information will allow You to access the Items.
20.3 You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
20.4 You agree that You will not share your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.
20.5 You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.
20.6 You acknowledge that providing false or misleading information, or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms.
21.1 Through Your use of the Product/Services or other Items, You may provide Us with some of Your personal information. By using the Product or Items, You authorise Us to use Your information in Australia and any other country where We operate.
21.2 We take Our privacy obligations very seriously.
22. REVERSE ENGINEERING AND SECURITY
22.1 You agree not to:
22.1.1 reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and
22.1.2 violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
23. SPAM POLICY
23.1 You are prohibited from using the Items for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.
24. GENERAL PROVISIONS
24.1. Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
24.2 Applicable law: Your use of the Product and the Items is subject to the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia.
24.3 Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
24.3.1. such notice is properly given if given to the other party:
24.3.2 by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
24.3.3 by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
24.4.1. such notice is taken to be received:
24.4.2 if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
24.4.2 if sent by prepaid post within Australia, five (5) days after the date of posting.
24.4.3 if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.
24.4 No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without Our prior written consent.
24.5 Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
24.6 No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
24.7 Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
24.8 Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
24.9 Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
25. CONTACT US
You can contact us about these Terms using the following details:
MOBILE APPLICATION END USER LICENSE AGREEMENT (EULA) – APPLE/IOS STORE
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
- Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
- Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.?
- External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party ExternalServices, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.?
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions here in. Unpublished – rights reserved under the copyright laws of the United States.
- i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
MOBILE APPLICATION END USER LICENSE AGREEMENT (EULA) – GOOGLE PLAY STORE
No Unauthorized, Unlawful or Harmful Use of the Portal
The Portal is only for your use and you are only authorized to use it in connection with the Developer Program. Amazon grants you a limited, revocable license to access and use the Portal in the course of participating in the Developer Program. You may not use the Portal for any other commercial or non-commercial purposes or in any way that:
- Is unlawful or harms Amazon, its customers, suppliers or other parties, as determined in Amazon’s sole discretion.
- Breaches any code of conduct, policy or other notice applicable to the Portal.
- Could damage, disable, overburden, or impair the Portal (or any network(s) connected to the Portal) or interfere with any other party’s use of the Portal.
Your Account; Changes to Account Settings; User Permissions
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We may provide the ability for you to grant additional users access to your account under separate user names and passwords. You agree that you are responsible for all activities that occur under your account or password, including all activities that occur under any user name you grant access to your account. You will ensure that all users granted access to your account comply with these Terms, any Developer Agreement or other agreement related to the Developer Program, and any nondisclosure agreement you enter into with us. If you make changes to your settings or user permissions within the Portal, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.
Changes to these Terms and the Portal
We may in our discretion make any change to these Terms without notice to you. You are responsible for reviewing the revised Terms and/or any applicable postings. CONTINUED USE OF THE PORTAL OR PARTICIPATION IN THE DEVELOPER PROGRAM AFTER SUCH CHANGES OR POSTINGS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES OR POSTINGS. We may change the Portal or delete any features or functionality, or any aspect of the services, in any way at any time for any reason.
Materials You Post or Provide; Communications Monitoring
The Developer Agreement sets forth our rights related to any product information you post or submit through the Portal. For other information and materials you post or otherwise provide to Amazon related to the Portal (a “Submission”), you grant Amazon and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable license to (1) use, copy, distribute, transmit, make available, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, reformat and create derivative works of your Submission, each in connection with the Portal and the Developer Program, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Amazon will not pay you for your Submission and may remove your Submission at any time. For each Submission you provide, you represent that you have all rights necessary for you to grant us the rights provided in this section.
You acknowledge that we will communicate with you primarily via email or by posting notices on the Portal. You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, Amazon may monitor any electronic communications you make in connection with the Portal and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Amazon or any third party.
AMAZON PROVIDES THE PORTAL “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU EXPRESSLY AGREE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMAZON MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORTAL OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE PORTAL AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE. AMAZON DOES NOT WARRANT THAT THE PORTAL, ITS SERVERS OR E-MAILS SENT ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL AMAZON BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OF THE PORTAL, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT AMAZON IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT; (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA; (3) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PORTAL; (4) ANY INCOMPATIBILITY BETWEEN THE PORTAL, SERVICES, SOFTWARE AND HARDWARE; OR (5) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PORTAL. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You release us and will indemnify, defend and hold harmless Amazon and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any representation or warranty or other obligation contained in this Agreement; or (b) any Submission (together, “Claims”). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld.
Termination; Access Restriction
If your Developer Agreement terminates or expires, these Terms will automatically terminate. Further, Amazon may terminate these Terms, or terminate or suspend your access to the Portal at any time with or without cause. Upon any termination or suspension of these Terms, your right to use the Portal will cease immediately, and you will not be able to retrieve any information related to your account. All provisions that reasonably may be construed as surviving these Terms will survive the expiration or termination of these Terms.
Choice of Law; Location for Resolving Disputes
The laws of the state of Washington govern these Terms and any dispute or claims for enforcement, breach or violation of duties or rights under these Terms, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA in all disputes arising out of or relating to the use of the Portal or these Terms.
Interpreting the Terms; Assignment
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. Amazon may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Portal. The section titles are solely used for the convenience of the parties and have no legal or contractual significance.
Starting Five Pty Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone, date of birth and bank account details or credit card information.?
This Personal Information is obtained in many ways including [correspondence by email marketing campaigns, signing up to our services and cookies via our website www.startingfive.com.au, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to inform our marketing, and where necessary any courses you may register interest in regard to our partners. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
Starting Five Pty Ltd use of Personal Information
Starting Five Pty Ltd will collect, hold, use and disclose your personal information for purposes including (without limitation)
- To verify your identity
- To manage our relationships with you
- To provide you with information about our services and products
- To provide you with our newsletter
- To respond to feedback or complaints
- To provide information to our third-party service providers in connection with any of the above
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Starting Five Pty Ltd Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent, or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Starting Five Pty Ltd will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
6/69 Coogee Road, Randwick, NSW, 2031
At all times, Privacy complaints will be:
- Treated seriously
- Dealt with promptly?
- Deal with in a confidential manner.
We will commence an investigation into your complaint. You will be informed of the outcome of your complaint within a reasonable period of time following completion of the investigation.?
To update us with your communication preferences, including electing NOT to receive further information from us, please contact firstname.lastname@example.org. We can change the types of communications you receive or stop communication from us. Please allow 28 days for your request to be processed and your preferences to take effect.?
If we have contacted you by email or text message, you can use the unsubscribe function in that email or text message to notify us that you do not want to receive further information via that channel.?