1.1 A reference to we, our or us is a reference to Growth Pursuit Consulting Pty Ltd (ACN 630 096 034).
1.2 A reference to you, your or user is a reference to someone who has accessed the App.
1.3 To use the App, users must register using their name and email address.
2.1 All of our information, text, material, images, audio, video, graphics, software and our advertisements on the App (our Content) are copyright © 2019 Growth Pursuit Consulting Pty Ltd, our associated companies, suppliers, and/or licensors unless expressly indicated otherwise our Content is protected by Australian and international copyright laws.
2.2 You must not download, remove, modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with our Content except as expressly provided in these Terms and Conditions, on the App, or expressly authorised by us in writing.
2.3 You must not use our trademarks, logos or other materials for any purpose without our prior written consent.
2.4 You may, subject to specific restrictions set out in these Terms and Conditions, access and download material from the App solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the App.
3.2 You agree to use the App, including all features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content contained in the App. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these Terms and Conditions) our Content.
3.3 You also agree not to, and not to seek to:
(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
(b) circumvent, remove, alter, deactivate, degrade or inhibit any of the content protections in the App;
(c) use the App for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
(d) violate any applicable laws, rules or regulations in connection with your access or use of the App
(e) use any robot, spider, scraper or other automated means to access the App service;
(f) make the App available over a network or other environment permitting access or use by multiple mobile devices or users at the same time;
(g) use the App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by us;
(h) insert any code or product or manipulate the content of the App in any way including making any modification, adaptation, improvement, enhancement, translation or derivative work from the App; or
(i) use any data mining, data gathering or extraction method on or in relation to the App.
3.4 You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the App in any form, including any software viruses or any other computer code, files or programs.
4.1 The information contained in the App is intended to provide general information only. You acknowledge that you are responsible for your own health and body and any services you undertake is at your own risk, and that while some services and products are designed for therapeutic use, the App is not. Therefore, if you have any clinical mental health issues or are in any doubt, you should contact your doctor or mental health professional for alternative courses of action or treatment. You acknowledge that the use of the App and the services do not guarantee an improvement in wellbeing.
4.2 None of the information in the App should be constructed as a claim or representation that any advice, products or services are intended for use in diagnosis, cure, treatment or prevention of disease or any other medical or mental health condition. The information, courses and programs provided on the App are intended for the benefit of the general public and are not intended to replace or substitute advice from a qualified health care professional. In dealing with any medical or mental health conditions always consult a doctor of mental health professional.
4.3 To the fullest extent permitted by law:
(a) all information and materials on the App is provided “as is” and without warranty of any kind, express or implied;
(b) all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
(c) we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on the App;
(d) we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
(e) we make no warranties that files and/or data available for downloading from the App, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.
4.4 Where liability cannot be excluded, any warranty by us in relation to the use of the App or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
4.5 Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the App or any content or other materials contained on the App.
You agree to indemnify us and keep us, our officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms and Conditions or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person using your registered account.
6.1 The purchase of goods or services from the App, including but not limited to the App itself are by these Terms and Conditions and any relevant terms of third party websites that are involved in the sale or provision of the goods or services. In order to access and use the App you will be required to register for an App account and have access to the internet on the device(s) on which you wish to use the App.
6.2 All payments will be processed by the third party app stores (e.g. the Apple App Store, the Google Play Store, or any other store the App may be available on from time to time.) (Stores) , and are subject to the terms and conditions of those Stores .
6.3 When you elect to make a purchase you represent to us that you are the authorised user of the linked Store account, and you authorise the purchase.
6.4 We may change our pricing for the App itself, any in-App purchases, or any subscription plans from time to time without notice to you. Any such changes will apply only to future purchases and will not affect completed purchases.
7.1 The App may utilise or include third party software that is subject to open source and third party license terms (Third Party Software).
7.2 You acknowledge and agree that your right to use such Third Party Software as part of the App is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein.
7.3 In the event of a conflict between these Terms and Conditions and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the App or components thereof be deemed to be "open source" or "publicly available" software.
8.1 You acknowledge that the App permits access by you to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (Third Party Content and Services).
8.2 Third Party Content and Services Disclaimer
(a) You acknowledge that we do not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the App).
(b) You agree that your access to and use of the Third Party Content and Services is at your sole discretion and risk, and we and our affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with Your access to and use of the Third Party Content and Services.
(c) To the fullest extent permitted by law we disclaim any representation, warranty or guarantee regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
8.3 Third Party Terms of Service
(a) You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party located using the App are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein.
(b) You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice.
(c) You assume all risks arising out of or resulting from your transaction of business over the internet and with any third party, and you agree that neither we or our affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers.
(d) You acknowledge and agree that you are not being granted a license to:
(i) the Third Party Content and Services;
(ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or
(iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
(a) You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by us or by our affiliates of such Third Party Content and Services. (b) We reserve the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the App, although we have no obligation to restrict or deny access even if requested by you.
(a) You understand that by accessing and using the Third Party Content and Services, you may encounter
information, materials and subject matter:
(i) that you or others may deem offensive, indecent, or objectionable;
(ii) which may or may not be identified as having explicit language, and
(iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material.
(b) You agree that your use of Third Party Content and Services at your sole risk and neither we nor our affiliates, partners, suppliers and licensors shall have liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
(a) You agree that the Third Party Content and Services contain proprietary information and material that is owned by third parties and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services.
(b) No portion of the Third Party Content and Services may be reproduced in any form or by any means.
(c) You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorised way whatsoever, including, without limitation, by trespass or burdening network capacity.
(d) You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you.
10.1 You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password.
10.2 You agree to immediately notify us of any disclosure or unauthorised use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session.
11.1 We do not warrant that the App will be compatible with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device.
11.2 The App is currently available on mobile devices running Apple iOS iOS 9+ and Android 8.0 +. If the requirements for Apple iOS or Android OS (or for any additional system we decide to extend the availability of the App too) change, you will need to download or perform updates if to continue using the App. We do not accept any responsibility if your use of the App is affected during this time.
11.3 You acknowledge that compatibility problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, loss of data located on your mobile device, and corruption of the software and files located on your mobile device. You acknowledge and agree that neither we nor our affiliates, partners, suppliers and licensors shall have liability to you for any losses suffered resulting from or arising in connection with compatibility problems.
12.1 We may at any time within the App ask whether you would like to receive alerts, badges, banners and sounds (Push Notifications) from the App to your mobile device.
12.2 If you select “yes” to receive Push Notifications, the App will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of those Push Notifications.
12.3 You can choose to stop receiving Push Notifications at any time through the App’s settings menu.
13.1 These Terms and Conditions shall continue to have full force and effect until varied or terminated by us. The Terms and Conditions relating to intellectual property, your licenses to us (if any), the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
13.2 We reserve the right to suspend or terminate your access to the App at our sole discretion if we believe you have breached these Terms and Conditions.
13.3 We reserve the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on the App. You will be given the opportunity to accept such varied Terms and Conditions on your first visit to the App after such variation occurs, and if you elect not to accept the Terms and Conditions as varied your permission to use the App will terminate immediately.
13.5 You have the right to terminate this agreement under these Terms and Conditions by deleting the App from your mobile device.
14.1 This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
14.2 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
14.3 Any waiver of a breach by you of these Terms and Conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these Terms and Conditions.
These Terms and Conditions were last updated June 2019.