TERMS AND CONDITIONS

WELCOME

Welcome to Living Easier With Disability! We are the one stop service for the disability community, families, support workers and schools! Join us to start a better lifestyle for you and your children. But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.

This online platform (Platform) is operated by Jay Gee Enterprises Pty Ltd A.B.N. 90 637 418 341 (we, our or us). It is available via our mobile application on both the Apple App Store and the Google Play Store, and may be available through other addresses or channels.

We set out on the Platform the various ways in which we can assist you (our Services), including the different memberships that we offer to you (Membership). You may use our Platform as a service provider (which includes therapists, schools, support workers, early intervention units, respite services and other external supports) or as a parent, guardian or carer of a child (your child) and these Terms apply both to service providers and to parents/carers.

We take privacy seriously and invite you to review our Privacy Policy on the Platform which sets out how we protect personal information provided through the Platform, who we disclose it to and our obligations with respect to protection of the personal information. A child’s profile on our Platform will only ever be viewable by service providers who are expressly invited by the relevant parent/carer to view that child’s profile. Otherwise, all child profiles are private and cannot be viewed by users of the Platform. You may, if you choose to, make images and videos in your child’s profile public, to be viewed by all users of the Platform.

DISCLAIMER

Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. The content on our Platform, including User Content, as set out below (Our Content), and any other information provided through the Platform is intended to assist you as parent or carer to communicate with therapists, your child’s school or other useful contacts. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical practitioner or therapist for your or your child’s particular circumstances and needs. We encourage you to seek appropriate medical or therapeutic advice before using the Platform.

TERMS AND CONDITIONS

Acceptance

You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform. You must be 18 years of age or older to use our Platform.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Signing up to our Platform

You must download the mobile application and create an account as either a service provider or parent/carer to benefit from the Platform’s features (Account). Once you have downloaded our mobile application, you will be required to create an Account either as a service provider or as a parent/carer. You must provide basic information when registering for an Account including your name, email address, mobile telephone number, and you must choose a password. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. You may invite other users to the Platform, in which case they will receive a text message or email inviting them to join.

If you are a parent/carer, you will create a profile of your child and then, if you choose, you may invite service providers to access your child’s profile. Only those service providers to whom you have granted access will be able to view your child’s profile – your child’s profile will be private to any other users of the Platform. If you choose, you may provide sensitive information relating to your child, for example health records, medical history and the likes and dislikes of your child. You may also share images or videos with service providers to whom you have granted access to your child’s profile or to all users of the Platform and you may communicate with service providers through the Platform.

If you are a service provider, you will create a profile and you will be required to provide your email address, name, your Australian Health Practitioner Regulation Agency (AHPRA) number, a valid Working with Children Check and you will be required to choose a password. By registering for an Account, you represent, warrant and agree that you are appropriately qualified, and have any required skills, knowledge or training to provide your services.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.

Subscription Fees

When you create an Account, you will choose a subscription period (Subscription Period). We may offer the option of one-month and twelve-month Subscription Periods, as well as any other Subscription Period set out on the Platform. You must pay the subscription fee (Subscription Fee) to create an Account and access our Services. The Subscription Fees for service providers and parents/carers may be different and will be set out on the Platform.

You must pay the Subscription Fee in advance for each Subscription Period via direct debit from a credit card or PayPal, or any other method set out on the Platform. The Subscription Fee will be automatically debited on the billing date set out on the Platform (Billing Date). The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers, as set out on the Platform.

To the maximum extent permitted by law, and subject to your Statutory Rights, the Subscription Fee is non-refundable.

Your Membership will automatically renew for the same term as your initial Subscription Period unless you cancel your Membership by giving written notice at least 7 days before the next Billing Date. You can read more about our cancellation policy below.

The Subscription Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.

We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.

We may modify the Subscription Fees from time to time upon notice to you. The updated Subscription Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.

Changes, Refunds, Holds and Cancellations

Cancelling your Membership

You may cancel your Membership by providing us with at least 7 business days’ written notice before the next Billing Date (which you may provide via email or through the Platform). We will provide you with confirmation that your Membership has been cancelled via email or via the Platform. If you cancel your Membership less than 7 business days before the Billing Date, you will be charged the Subscription Fee on the next Billing Date and the cancellation will become effective on the following Billing Date.

After you receive confirmation from us of cancellation of your Membership, your access to the Platform and your Account will end on the next Billing Date.

To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation. Where you have cancelled your Membership due to change of mind or other circumstances, we do not provide refunds of the Subscription Fee. We do not allow for a Membership to be put on hold or “frozen”.

Collection Notice

We collect personal information about you and, if you are a parent/carer, your child in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. As a parent/carer, you may also make personal information about you or your child available to service providers through your Account or, if you choose to, publicly to all users on the Platform.

We may disclose that information to third party service providers who help us deliver our Services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process. 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including updates about a child, videos, photos or other content (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform. We will ask your permission before publishing any photographs or videos you upload.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content (including downloaded Content) does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability

In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our Services to you, for whatever reason; and/or (6) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

Warranties, disclaimers and Indemnities

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; and (3) to provide all assistance, information and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Platform will be true, accurate and complete.

You acknowledge and agree that neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content is intended to assist you as parent or carer to communicate with therapists, your child’s school or other useful contacts. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical practitioner or therapist for your or your child’s particular circumstances and needs. We encourage you to seek appropriate medical or therapeutic advice before using the Platform.

You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This clause will survive the termination or expiry of these Terms.

Termination

At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms (including for non-payment of our Subscription Fees), any applicable laws, regulations or third-party rights.

 

End-User License Agreement (EULA) of LED

Our Disclosures

Please read this Agreement carefully prior to accepting this Agreement. By accepting this Agreement, you agree that:

• subject to your Consumer Law Rights, our Liability for the supply of the Services will be limited to, in the aggregate for all claims, $100 (see clause 9.1(a));
• subject to your Consumer Law Rights, we exclude our Liability for your (or your Personnel’s) acts or omissions, any use of the Services by a person other than you, any works, services, goods materials or items which do not form part of the Services set out in this Agreement, your Computing Environment, any Third Party Inputs, events beyond our reasonable control, and Consequential Loss and for a delay in the supply of the Services (see clause 9.2); and
• subject to your Consumer Law Rights, you indemnify us against all Liability we suffer or incur arising from or as a consequence of a breach of any Intellectual Property rights, your use of the Software contrary to this Agreement, including from any claim relating to the Data (see clause 9.3).

This Agreement does not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Acceptance of this End User Licence Agreement 
   1. This End-User License Agreement (EULA) is between Jay Gee Enterprises Pty Ltd A.B.N. 90 637 418 341  (we, us or our) and the account holder (Account Holder), user of the Software, and any other person or entity using or accessing the Software (jointly and severally referred to in this EULA as you or your). This EULA governs your acquisition and use of the Software, including all instructions in hard copy or electronic form and any update, modification or release of any part of the Software which is accessible on our Platform. If you access or download our Software from (1) the Apple App Store, you agree to any terms  set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
   2. The terms of this EULA are deemed incorporated into our separate agreement with you (Agreement), for access and use of our online platform (Platform). You accept this EULA by clicking a box indicating acceptance via the Platform or by otherwise using or accessing the Software.
   3. This EULA will commence on the date on which you accept this EULA and will continue until the date this EULA is terminated in accordance with clause 10 (Term).
   4. By accepting this EULA, creating an account in accordance with the Agreement (Account) and/or accessing and/or using the Software, you warrant to us that you have the legal capacity to enter into a legally binding agreement with us.
2. Licence to use 

In consideration for your compliance with this EULA and if applicable, subject to the terms of the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, personal and revocable licence to access, display and use the Software in order to access the Platform and the services provided to you under the Agreement for the Term and only on as many devices and in such configurations (including the number of authorised users, transaction limits, code sets or geographies) as is expressly permitted by us as set out on the Platform or the Agreement (Licence). 

3. Restrictions 
   1. You must not access or use the Software except as permitted by the Licence and you must not and must not permit any other person to:
      1. use the Software in any way which is in breach of any applicable Laws or which infringes any person's rights, including Intellectual Property rights;
      2. use the Software to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; 
      3. use the Software in any way that damages, interferes with or interrupts the supply of the Software;
      4. introduce malicious programs into our hardware and software or Systems, including viruses, malware, worms, trojan horses and e-mail bombs; 
      5. use the Software to carry out security breaches or disruptions of a network, including accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
      6. use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Software; 
      7. if applicable, send any form of harassment via email, or any other form of messaging, whether through language, frequency or size of messages, or use the Software in breach of any person’s privacy (such as by way of identity theft or “phishing”); or
      8. use the Software to circumvent user authentication or security of the Software, any networks, accounts or hosts or those of any other third party. 
4. Third Parties
   1. You agree that the provision of the Software may be contingent on, interface or interopreate with, or be impacted by Third Party Inputs, including any third party’s software or services (for example, Amazon Web Services).
   2. You acknowledge that the Software may include optional Third Party Inputs that may interface, or interoperate with, the Software, including your, or any third party’s, software or services (for example, APIs). 
   3. To the extent that you choose to use any optional Third Party Inputs, unless otherwise set out in the Agreement, you are responsible for: 
      1. the purchase of; 
      2. the ancillary requirements related to; and 
      3. the licensing obligations related to the applicable optional Third Party Input, including third party software and services. 
   4. You agree that the benefit of any optional Third Party Input’s interface, or interopreation with, the Software, is subject to your compliance with clause 4.3. 
5. Support services
   1. We, or our third party contractors, may provide technical support services to you during the Term. Where support services are provided to you under this EULA, you agree to assist us in investigating and ascertaining the cause of any applicable issues  and provide us with access to all necessary information relevant. 
6. Your warranties
   1. You warrant and agree that:
      1. you have reviewed this EULA available on the Platform; 
      2. you have all hardware, software and services which are necessary to access and use the Software; 
      3. you will use the Software in accordance with this EULA;
      4. all information and documentation that you provide to us in connection with this EULA is true, correct and complete and you acknowledge and agree that we will rely on such information and documentation in order to provide the Software; 
      5. you are responsible for obtaining any consents, licences, authorities and permissions from other parties necessary for the Software to be provided in accordance with this EULA, at your cost, and for providing us with the necessary consents, licences, authorities and permissions; and
      6. if applicable, you will maintain the confidentiality and security of any of your Account details and passwords.   
7. Intellectual Property rights
   1. All Intellectual Property in the Software and Intellectual Property developed, adapted, modified or created by us, or our officers, employees, contractors, sub-contractors or agents, including in connection with this EULA and the Software, will at all times vest, or remain vested, in us or our licensors. 
   2. You must not whether directly or indirectly, except with our prior written consent or if expressly permitted under this EULA: 
      1. copy or use, in whole or in part, any of our Intellectual Property; 
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party;
      3. reverse assemble, reverse engineer, reverse compile or enhance the Software;
      4. attempt to discover the source code or object code or underlying structures, ideas, know-how or algorithms in relation to the Software, data or documentation;
      5. breach any Intellectual Property rights connected with the Software, including altering or modifying any of our Intellectual Property; 
      6. cause any of our Intellectual Property to be framed or embedded in another website, or create derivative works from any of our Intellectual Property; 
      7. resell, assign, lease, hire, sub-license, transfer, distribute or make available the Software to third parties;
      8. “frame”, “mirror” or serve any of the Software on any web server or other computer server over the Internet or any other network; or
      9. alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Software.
   3. As between you and us: 
      1. all Data is and remains your property or the property of the Account Holder (as applicable); and
      2. you grant us a non-exclusive, irrevocable, worldwide, royalty-free, sublicensable and transferable right and licence to use, modify, reproduce, copy, transmit, store and back-up or otherwise access the Data.
   4. You must, at all times, ensure the integrity of any Data you input and that your use of the Data is compliant with all Laws. You agree that we may store Data in any way, including in any geographical location we deem reasonable, including outside of Australia.
   5. You represent and warrant that you have obtained all necessary rights, releases and permissions to provide all your Data to us and to grant the rights granted to us in this EULA. 
   6. We assume no responsibility or Liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it to us, including through the Software.
   7. You acknowledge and agree that we will own any suggestions, enhancement requests, recommendations or other feedback provided by you, your personnel or customers, relating to the Software without liability to you.
8. ACL
   1. Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the services by us to you which cannot be excluded, restricted or modified (Statutory Rights). 
   2. If the ACL applies to you as a consumer, nothing in this EULA excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this EULA.  
   3. Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
9. Our Liability
   1. Despite anything to the contrary, to the maximum extent permitted by law: 
      1. our maximum aggregate Liability arising from or in connection with this EULA (including the Software or the subject matter of this EULA) will be limited to, and must not exceed in the aggregate for all claims, $100; 
      2. neither party will be liable for any Consequential Loss; and 
      3. a Party’s liability for any Liability under this EULA will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure to mitigate that Liability; and
   2. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you waive and release us from and against, all Liability (whether under statute, contract, negligence or other tort, indemnity, or otherwise) arising from or in connection with any:
      1. loss of, or damage to, any property or any injury to or loss to any person, except where such loss or damage was caused or contributed to by our gross negligence or wilful default;
      2. the Computing Environment;
      3. your acts or omissions;
      4. any use or application of the Software by a person or entity other than you, or other than as reasonably contemplated by this EULA;
      5. any work, services, goods, materials or items which do not form part of the Software (as expressed in this EULA), or which have not been provided by us;
      6. any Third Party Inputs;
      7. the Software being unavailable, or any delay in us providing the Software to you, for whatever reason, other than unavailability or delay caused or contributed to by our gross negligence or wilful default; and/or
      8. any event outside of our reasonable control.
   3. To the maximum extent permitted by law, you indemnify and continue to indemnify us against all Liability we suffer or incur arising from or as a consequence of a breach of clause 7 (Intellectual Property), your use of the Software contrary to this EULA, including from any claim relating to the Data.
   4. You acknowledge and agree that:
      1. you are responsible for your use of the Software;
      2. you use the Software and any associated programs and files at your own risk;
      3. you are responsible for the acts and omissions of any of your Authorised Users as if those acts and omissions were your own;   
      4. we do not warrant that the Software is error-free or will be uninterrupted;
      5. from time to time, we may make certain services and/or features available to you for use which are still in their beta stage. These beta stage services have not been fully tested and are provided on an ‘as is’ basis; and, to the fullest extent permitted by Law, we make no representations, warranties or guarantees in relation to such beta stage services; and
      6. we may pursue any available equitable or other remedy against you if you breach any provision of this EULA.
10. Termination of your Account and this EULA
    1. You may only terminate your Account and/or this EULA. You are solely responsible for properly terminating your Account and/or this EULA.
    2. If your Agreement with us is cancelled, suspended or terminated we will also suspend your Account, your access or terminate your Account and this EULA (as applicable).
    3. If we believe you are misusing or otherwise in breach of this EULA, we may immediately terminate your Account  and/or this EULA with notice to you, and we will terminate your access to the Software and, if applicable, the provision of our Support Services.
11. General
    1. We reserve the right at any time and from time to time to change or remove features of the Software.
    2. Neither Party may commence court proceedings relating to any dispute arising from, or in connection with, this EULA without first meeting with a senior representative of the other Party to seek (in good faith) to resolve that dispute (unless that Party is seeking urgent interlocutory relief or the dispute relates to compliance with this provision). If the Parties cannot agree how to resolve the dispute at that initial meeting, this dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English.
    3. Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to us at the contact details below and to you on the contact details included in your Account. A Party may change its notice details by written notice to the other Parties. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 3 Business Days in the case of post, or at the time of transmission in the case of email.
    4. Any failure or delay by a Party in exercising a power or right (either wholly or partly) in relation to this EULA does not operate as a waiver or prevent a Party from exercising that power or right or any other power or right. A waiver must be in writing. 
    5. If a provision of this EULA are held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this EULA without affecting the validity or enforceability of the remainder of that provision or the other provisions.
    6. We may assign, transfer, novate or otherwise deal with all or any of our rights or obligations under this EULA without your prior written consent. You may not assign, transfer or otherwise deal with all or any of your rights or obligations under this EULA without our prior written consent.  Any purported dealing in breach of this clause by you is of no force or effect. 
    7. We may vary this EULA with notice to you via email or via a notification within your Account.
    8. This EULA is governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any rights to object to proceedings being brought in those courts. 
    9. The Software may be accessed in Australia and overseas. We make no representation that the Software comply with the laws (including Intellectual Property laws) of any country outside of Australia. If you access the Software from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Software.
    10. Clauses 2, 6, 7, 8, 10 and 11 will survive termination or expiry of this EULA.
12. Definitions 

The following words will mean:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time; 

ACICA means the Australian Centre for International Commercial Arbitration;

ACICA Arbitration Rules means the ACICA Arbitration Rules 2016 and ACICA Expedited Arbitration Rules 2016, as may be amended or superseded, from time to time;

Authorised User means any person who you authorise to access the Platform and use the Platform services;

Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales;

Computing Environment means your computing environment including all hardware, software, information technology and telecommunications services and Systems;

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data (including Data), whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; 

Data means the information, data inputs, materials, logos, documents, qualifications and other Intellectual Property or data inputted by you into the Software, stored by the Software or otherwise provided by you to us for the provision of the Software;

Intellectual Property means any copyright, registered and unregistered trade marks, designs (whether or not registered or registrable), domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing;

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this EULA or the provision of the Services, and includes the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth); 

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this EULA or otherwise;

Party means a party to this EULA; 

Software means the software as a service that connects the carer with external disability supports, accessible via the Platform;

System means all hardware, software, networks and other IT systems used by a Party from time to time, including a network; and

• Third Party Inputs means third parties or any goods and services provided by third parties, including customers, end users, suppliers, web service providers or other subcontractors which the provision of the Software, may be contingent on, or impacted by.

Intellectual Property and Ownership

LED shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of LED.

LED reserves the right to grant licences to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to LED.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. This EULA was created by App EULA Template Generator from App-Privacy-Policy.com for LED

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of au.

General

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you the Subscription Fees paid in advance by you in connection with the unused portion of the Services.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Jay Gee Enterprises Pty Ltd A.B.N. 90 637 418 341, t/as Living Easier with Disability

Email: support@livingeasierwithdisability.com.au

Last update: 03 Sep 2021