App EULA | The Awareness Code

AWARENESS CODE APP EULA

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY BUYING THE APP YOU (“YOU”, “YOUR”) AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP. IF YOU HAVE DOWNLOADED THIS APP ON BEHALF OF AN ORGANISATION YOU HEREBY WARRANT THAT YOU HAVE AUTHORITY TO BIND THE ORGANISATION UNDER THESE TERMS.

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We AWARENESS CODE PTY LTD, a company incorporated in Australia and having ACN 646 507 673 and its registered address at Office 1 Level 1, 343 Pakington Street, Newtown Vic 3220, Australia (“Awareness Code”, “we”, “us”, “our”) license you to use:

Awareness Code mobile application software, the data supplied with the software, (App) and any updates or supplements to it;

The user manuals, and other documentation related to the App including online documentation (Documentation);

The service you connect to via the App, in particular, the Awareness Code personal coaching and personal development tool and other functionality provided with the App from time-to-time (Service).

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Policy associated with the App.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. However, We use best endeavours to ensure communications sent to our servers as well as the information inputted into your device are encrypted in accordance with industry standards.

PUBLIC APP STORE TERMS ALSO APPLY

The ways in which you can use the App and Documentation may also be controlled by the applicable Public App Store’s rules and policies (including Google Play Store, Apple iTunes Store, Windows Phone Store or the Amazon Appstore) and the Public App Store’s rules and policies will apply instead of these terms where there are differences between the two.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or the Service or have any problems using them please contact us at info@awarenesscode.com.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at info@awarenesscode.com.

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

download or stream a copy of the App onto your mobile device and view, use and display the App and the Service on such devices for your personal purposes only.

use any Documentation to support your permitted use of the App and the Service.

receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP

You must be 18 or over to accept these terms and download the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you. You agree that Awareness Code is the owner of such technical information.

WE MAY COLLECT OTHER DATA INCLUDING PERSONAL DATA (BUT YOU CAN CHOOSE NOT TO INPUT PERSONAL DATA)

Awareness Code’s Services will make use of personal data sent from your devices. Where we are considered data controllers of such personal data under Applicable Data Protection Law (including GDPR, UK GDPR, and the Data Protection Act 2018) (Applicable Data Protection Law) we shall process such personal data in accordance with the Privacy Policy associated with this App. In the event we are considered data processors of such personal data under Applicable Data Protection Law, for example, with respect to personal data inputted by you into the App, you shall be the owners of such personal data and we shall process it in accordance with the Data Processing and Security Terms of the Google Firebase Servers which are hereby incorporated by reference and shall be amended mutatis mutandis to apply to our controller-processor relationship and Google shall be appointed as a sub-processor of your personal data in accordance with the same Data Processing and Security Terms (see https://firebase.google.com/terms/data-processing-terms).

You may stop us collecting such data at any time by requesting the return or deletion of your personal data in accordance with your rights under the Data Processing and Security Terms.

We will maintain certain data that you transmit to the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

is not used to create any software that is substantially similar in its expression to the App;

is kept secure; and

is used only for the Permitted Objective;

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS

You must:

not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service[, including by the submission of any material] (to the extent that such use is not licensed by these terms);

not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY REGARDING THE SERVICES IS LIMITED TO THE AMOUNTS PAID TO YOU FOR COMPENSATION REGARDING THE SERVICES. THE LIMITATION HEREIN APPLIES TO ALL KINDS OF LIABILITY INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), MISREPRESENTATION OR EQUITY. WE SHALL NOT IN ANY CIRCUMSTANCES BE LIABLE FOR LOSS OF PROFITS OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIABILITY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS REGARDING THE SERVICES SHALL BE EXCLUDED.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your (1) use of the App (2) breach of these terms (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information purposes only. We make no representations, warranties or guarantees, whether express or implied, that data generated by the App is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

You must stop all activities authorised by these terms, including your use of the App and any Services.

You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

DELETING THE APP

In the event you choose to delete the App, you will not be able to recover your account. Additionally, Awareness Code will not be able to reinstate your account. All of your personal information will be deleted at the time you delete your account.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

ENTIRE AGREEMENT

These terms and any policies or operating rules posted by us on the App constitute the entire agreement and understanding between you and us regarding your use of the App.

We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting a lawyer.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by the laws of the State of Victoria, Australia and you can bring legal proceedings in respect of the products in the Victorian courts. You hereby submit to the exclusive jurisdiction of the Victorian courts.

ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider that we will notify to you.

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us by email at info@awarenesscode.com.

This document was last updated on 17 November 2021

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