Thrive by Five International Parenting App
Terms and Conditions of Use
1.1 This document sets out the terms and conditions (Terms and Conditions) on which you may access and use the Thrive By Five International Parenting App (App) owned by us.
1.2 Please read these Terms and Conditions before accessing or using the App. If you do not accept all of these Terms and Conditions, you must not use the App.
1.4 In these Terms and Conditions the term:
(a) “App” has the meaning given in clause 1.1;
(b) “App IP” has the meaning given in clause 3.1;
(c) “child” means the child who is engaging with the activities and strategies recommended by the App;
(e) “Profile” means the profile that you may create in accordance with clause 5;
(f) “Term” has the meaning given in clause 9.1;
(g) “you” and “your” refer to the person accessing the App and accepting these Terms and Conditions;
(h) “Your Content” means all information and data that you upload to the App; and
(i) “us”, “we” and “our” refers to The Minderoo Foundation Pty Ltd (ACN 098 198 684) as trustee for The Minderoo Foundation Trust (ABN 24 819 440 618).
2. Conditions of Use
You must not access or use the App if:
(a) you disagree with any part of these Terms and Conditions; or
(b) your use of the App, or the use of any person you permit to use the App, could cause loss or damage to any person, including loss or damage due to a malfunction or failure of the App.
3. Intellectual Property
(a) We own or licence all intellectual property rights in the App, including all material in the App (whether written, visual, audio or otherwise) (App IP).
(b) Other than the licence we grant you under clause 3.2, we do not give you or any other person any rights to, or interest in, the App IP.
(c) Nothing in these Terms and Conditions transfers any intellectual property in the App IP to any person.
We grant you a non-exclusive, non-transferable and non-sublicensable licence to use the App IP for the Term as long as you comply with clauses 3.3 and 4. If you do not comply with clauses 3.3 and 4, we may revoke this licence and you will not be able to use the App. When these Terms and Conditions are terminated, this licence also terminates.
3.3 Restrictions on licence
You must not:
(a) use the App in any way that is prohibited by these Terms and Conditions;
(b) distribute, publish, sub-license, transfer or otherwise make available any part of the App IP to any other person (for example, this includes publishing any part of the App or the material in the App on the Internet);
(c) use or change our trade marks, logos, graphics, audio, or other assets included in the App other than for its intended purpose;
(d) alter, customise, modify or create derivative works of the App IP; or
(e) use the App IP for any commercial purpose.
4. Use of the App
4.1 Permitted use
(a) You may only access and use the App and App IP for personal or educational purposes. You must not use the App or App IP as part of any business or commercial activities.
(b) You must not use the App or any data collected from the App:
(1) for any marketing or other business or commercial activity;
(2) in any way that is unlawful, illegal, fraudulent, or harmful; or
(3) in connection with any other activity or purpose that is unlawful, illegal, fraudulent or harmful.
4.2 Use by other people
(a) You can let other people use the App and your Profile after you have accepted these Terms and Conditions, but you must always:
(1) make sure that those other people comply with clause 4.1; and
(2) maintain control over the smart-phone or other device on which the App is accessed.
(b) You are always responsible for any use of the App on your device after you have accepted these Terms and Conditions or use of your Profile by another person, including due to:
(1) you letting that person use the App or your Profile; or
(2) you not keeping the device on which you have accessed the App secure.
4.3 Receiving notifications
(a) You agree to receive electronic messages via device notifications, including reminders and motivational messages. These messages will only come from us.
(b) You may be able to choose not to receive some notifications by changing the settings on your device or other software.
(c) You agree that we can send you notifications or messages about the status and security of your Profile, even if you have turned off some notifications.
5. Your Profile
(a) You can create a Profile through the App by entering your details into the App.
(b) If you create a Profile you will create an account within the App. The account will be encrypted, non-identifiable and securely hosted in Australia.
(c) The information that will be stored on your Profile includes the following information, if you provide it to us through the App:
(1) your first name or alias;
(2) the first name or alias of the child;
(3) the month and year of birth of the child; and
(4) information about how you and the child are using and responding to the activities and strategies recommended by the App.
5.2 Management of your Profile
(a) You can manage or remove some information from your Profile in the App. This includes your name, the name of the child and the month and year of birth of the child.
(b) You may delete your Profile at any time in the App.
(c) You must:
(1) notify us immediately if there is any unauthorised access to your Profile; and
(2) not access another person’s Profile unless they clearly tell you that you can.
6. Your Content
(a) If you create a Profile, you will be able to tell us about tell us how you and the child are engaging with and responding to the activities and strategies you have used from the App. This information will be stored in your Profile (which is securely hosted as stated in clause 5.1(b)).
(b) If you create a Profile, you can also capture and upload photos and videos of you and the child. Any of these photos and videos will be stored locally on your device only and will not be uploaded to us or your Profile.
(c) Other than any photos or videos captured or uploaded by you, Your Content will be stored in your Profile.
(d) You warrant and represent that Your Content will comply with these Terms and Conditions and will not:
(1) be illegal or unlawful;
(2) infringe any person’s (including our) legal rights;
(3) be libellous or maliciously false;
(4) be obscene or indecent;
(5) infringe any right of confidence, right of privacy or right under data protection legislation;
(6) depict violence; or
(7) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
7. Privacy and Data
7.2 Administrative data
You acknowledge and agree that we will be able to access de-identified administrative data from your Profile including:
(a) usage statistics (including when you access the App, how long you access the App for and which server your device is logged on to);
(b) your device ID and type of the device you are using to access the App; and
(c) your selected country and language.
8. Limitations and exclusions
8.1 You acknowledge and agree that:
(a) the App is provided for personal and educational use only;
(b) you must only use the App if you accept that we will not be responsible for any loss or damage you suffer as stated in this clause 8;
(c) you must only allow another person to use the App if you have made sure that that person accepts that we will not be responsible for any loss or damage they suffer as stated in this clause 8; and
(d) you, and any other person you allow to use the App, must make sure that you and they use the App only in ways that will never cause you or any third party any loss or damage if the App malfunctions or fails to operate correctly.
8.2 We acknowledge that you may have rights under applicable laws which are in addition to those stated in these Terms and Conditions and that we cannot exclude or change, and that these rights may apply to your use of the App. Other than those rights, if any:
(a) except as stated in these Terms and Conditions, and to the fullest extent allowed by law, we disclaim all warranties in relation to the App;
(b) we exclude all liability for any loss, liability, damage, expense or cost of any nature or kind; and
(c) any liability we have to you that is not otherwise excluded by these Terms and Conditions is limited to repairing or replacing the App.
8.3 You agree that you will not bring any claim personally against our officers or employees in respect of any loss or damage you suffer in connection with the App or these Terms and Conditions.
8.4 We reserve the right to remove or change any of the App’s services, and to stop publishing the App at any time in our sole discretion and for any reason or no reason.
8.5 The App may encounter downtime at any time due to maintenance or other technical issues.
8.6 You are not entitled to any compensation or other payment upon the removal or change of any part of the App, if we stop publishing the App or for any other failure, malfunction or other defect in the App.
9. Term and Termination
9.1 These Terms and Conditions apply from the first time you access the App and continue to apply every time you access the App in any way unless terminated earlier by us (Term).
9.2 If we terminate these Terms and Conditions, you must stop using the App or allowing any other person to use the App.
9.3 Clauses 3.1, 6(d), 8, 9.2, 11 and this 9.3 survive termination of these Terms and Conditions.
9.4 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
(a) send one or more formal warnings to you through the App;
(b) temporarily stop you accessing the App;
(c) permanently stop you accessing the App; and
(d) suspend or delete your Profile.
9.5 If we stop you from accessing the App, you must not take any action to access the App in another way including by creating or using a different Profile.
9.6 If we remove or stop publishing the App we may terminate these Terms and Conditions.
10. Platform Terms
10.1 Other terms
In addition to these Terms and Conditions, your use of the App is subject to any terms and conditions that apply to the platform you use to access the App (such as the terms at www.apple.com/legal and https://play.google.com/about/play-terms.html).
If you have downloaded or accessed the App through an Apple service (including the App Store or the iTunes Store), or on an Apple iOS device:
(a) these Terms and Conditions are an agreement between you and us, and not with Apple. Apple is not responsible for the App or its contents;
(b) we allow you to use the App only on an Apple iOS product that you own or control and as allowed by Apple’s terms applying to your use of that device;
(c) Apple has no obligation to provide any maintenance or support for the App;
(d) Apple is not responsible for the investigation, defence, settlement or discharge of any third party intellectual property infringement claims;
(e) Apple is not responsible for addressing any claims by you or any third party relating to the App, or your possession or use of the App, including but not limited to:
(1) product liability claims;
(2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(3) any claim arising under consumer protection or similar legislation; and
(f) if the App does not meet any applicable warranty, you may notify Apple and Apple will refund the purchase price (if applicable) for the App to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
If you have downloaded or accessed the App through a Google service (including Google Play), or on an Android device:
(a) Google is not responsible for providing support or maintenance for the App, or for addressing any claims about the App;
(b) third parties may collect and store various information relating to your Android device and your use of the App; and
(c) Google may collect, retain and use information about your use of the App and your Android device. You can find more information about how Google processes and uses your data on Google’s website (www.google.com).
(a) We may change these Terms and Conditions from time to time.
(b) If we change these Terms and Conditions, we will give you written notice of the change, and the new Terms and Conditions will apply to your use of the App from the date of that notice. If you do not agree to the new Terms and Conditions, you must stop using the App.
(a) We may assign, transfer or otherwise deal with our rights and obligations under these Terms and Conditions without your approval.
(b) You may not assign, novate, transfer or otherwise deal with any of your rights or obligations under these Terms and Conditions.
(a) If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful or unenforceable the other provisions will continue in effect.
(b) If any unlawful or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11.4 Entire agreement
These Terms and Conditions constitute the entire agreement between you and us in relation to your use of the App and supersedes all previous agreements between you and us in relation to your use of the App.
11.5 Law and jurisdiction
(a) These Terms and Conditions are governed by the law in force in Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Western Australia.
(b) Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
11.6 Statutory and regulatory disclosures
(a) We are registered in the Australian Business Register.
(b) You can find the online version of the register at http://www.abr.business.gov.au.
(c) Our Australian Business Number is 24 819 440 618.
11.7 General warranties
Each party represents and warrants to the other that it:
(a) is able to perform its obligations under these Terms and Conditions; and
(b) will at all times comply with any applicable laws.
11.8 Our details
(a) Our registered office is at 171-173 Mounts Bay Road, Perth, Western Australia, 6000.
(b) You can contact us:
(1) by post at PO Box 3155, Broadway Nedlands, Western Australia 6009, attention to Thrive By Five App;
(2) by telephone at +61 8 6460 4949 between 9:00am and 5:00pm Monday to Friday; or
(3) by email at firstname.lastname@example.org.
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