Terms of Service (“Terms”)

 

BY CLICKING “ACCEPT” AND/OR BY USING LIFE SORTED WHICH IS OWNED AND OPERATED BY LIFE SORTED AUSTRALIA PTY LTD, (ABN 91 607 908 047) (the ‘Company’), YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE OUR APP AND ARE REQUIRED TO UNINSTALL THE SOFTWARE. VIOLATION OF ANY OF THESE TERMS BELOW MAY RESULT IN TERMINATION OF YOUR ACCOUNT.

 

DEFINITIONS

“App” means the Life Sorted software application for mobile phones, tablets and computers.

“App Code” means the Life Sorted software code including following the application of any upgrade.

“Content” means anything the User submits as material to be included on the App, including all material, links, words, images.

“Fee” means the subscription fee for the relevant subscription plan as advertised on our website and App Stores.

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Main Subscriber” means the main family member who has signed up and subscribed to the Service on behalf of the family.

“Registered User” means a family member who has accepted an invitation to join the family account and created their own login using an email and password.

“Service” means the Life Sorted shared family calendar and organiser service provided through the App.

“We”, “our” and “us”, “Company” means Life Sorted Australia Pty Ltd, including all directors, employees, and contractors from time to time.

“User”, “You” means each Registered User and Main Subscriber, (as relevant).

HOW IT WORKS

You must create an account in order to access our services. You need to provide your full legal name, a valid email address and any other information requested in order to complete the signup process and create an account.

We offer a free trial for new Users who sign up for our App services. To continue our Service after the free trial period, you can subscribe by registering for a paid subscription service and providing payment details using the secure third party payment processor.

Once you have signed up for our Service you can then share the App service with family members. Please note: by signing up and sharing the App Service, as Main Subscriber you are responsible for all activity that happens on, through or using our App Service.

SUBSCRIPTIONS

We offer an initial free trial for new Users. Once the trial period has expired (or earlier if you choose), you will only be able to continue using the Service by paying in advance for additional subscription periods. You must register and pay your subscription Fee in advance in order to access the App Service. You must first sign up and complete the subscription process for the App Services using the web app or via the app store subscription process to gain access as well as pay the first subscription Fee in advance.

If you do not register for an ongoing subscription after the free trial period and provide your payment details, your account will be automatically closed within 6 months of the initial trial period. Your data and account details will be securely destroyed and not able to be retrieved at any time.

The subscription will consist of an initial period, for which there is a one-time charge, followed by automatic recurring periodic charges. By providing us or any third party payment processor with your payment or credit card details, you agree to permit us or the third party payment processor to debit the Fee in accordance with your registered subscription payment plan unless or until you or we cancel your subscription in accordance with our Cancellation terms.

You acknowledge and agree:

  • You will not share your password or login details with any other persons and you will keep your payment, contact and all information updated at all times. You are responsible for maintaining the confidentiality and security of your account and password;
  • You will not permit others to use your login and that your account login will only be used by you. You can add up to 20 individual family members under your Main Subscriber account and each can have their own login;
  • You are responsible for all Content and activity that occurs under your account and using our Service, including but not limited to Content or activity by other family members you have directly or indirectly provided access to and who may be using the Service;
  • You may not use the Service for any illegal purpose or to violate any laws in your country or jurisdiction;
  • If you do not make payment, your account will be suspended and the App disabled until the monthly subscription Fee is paid; and
  • If you do not renew your subscription or leave your account inactive with no payment for a period of 6 months, the account will be closed and your data will be destroyed.

PAYMENT TERMS

Payments are processed using an integrated third party service provider. Each App store has their own secure payment processor. If your payment method fails for a scheduled payment the App Service will not be available and your account will become suspended.

All our prices are listed on our website are depicted in local currency. You will be charged local tax in the country you may be subscribing and accessing our Service, and you will be responsible for payment of all applicable local taxes where applicable.

Unless cancelled in accordance with our Cancellation terms, your subscription will be automatically renewed for successive renewal periods and payments charged accordingly.

There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

CANCELLATION AND TERMINATION TERMS

TO CANCEL YOUR SUBSCRIPTION You are solely responsible for properly cancelling your subscription and closing your account. You can only cancel the Service and future recurring payments (at any time) from within the Service. You must cancel your subscription at least 24 hours prior to the next payment period or your subscription will be renewed automatically. You need to go into your app management account (Google, Apple or Web account) and cancel the auto-renew before the end of the next payment period to ensure you are not charged an additional period.

If you cancel the Service 24 hours before the end of your current subscription period, your cancellation will take effect immediately, and you will not be charged again. Any other type of cancellation will not be considered.

All of your data will be inaccessible from the Service upon cancellation and once your subscription period runs out. On cancellation of your subscription, all of your content, material and links will be destroyed within 6 months of cancellation and closure of your account.

We may also cancel and close your account if it has been inactive or suspended without subscribing to our Service for a period of 6 months. In order to comply with privacy laws and our Privacy Policy, we will securely destroy your personal data and all information on your account.

We are not responsible for any lost files, data or information on or in your account either during use of our Service or upon cancellation of your account. You need to ensure you have made copies or downloaded any information you may require or wish to retain prior to any cancellation or termination.

WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect you have breached any Terms, if your content is offensive, or for any other reason including if, in our opinion, you have breached the use of our App or compromised its use for others, at our sole discretion we have the right to immediately withdraw your information and terminate your account. We may also deny the use of our App to you in the future and are not obligated to return any subscription monies.

Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.

We are not required to provide any refund or part thereof to you for such termination of your subscription.

PRIVACY

Any information, content or activity submitted within the Service is subject to our full Privacy Policy. Please review our Privacy Policy on our website.

GENERAL TERMS AND CONDITIONS

By using this App and our Service, you authorize us to use, reuse and to grant third parties the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the App in order to provide the Service.

You agree and acknowledge that the App and any associated website we own may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage as well as anything related to run the App and provide the Service.

Unless otherwise specified, the App and associated services are for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the App which are not your own intellectual property.

You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.

Finally, You understand that the technical processing and transmission of your data may be transferred unencrypted and may involve transmissions over various networks.

We reserve the right to cancel or suspend your account if your usage significantly exceeds the average use of other Service accounts.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.

You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site and App. Any unauthorized use of the materials appearing on this site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

By submitting any Content to the App, you represent that you have the ownership rights and title to this information and material, and that you are not breaching any regulations, restrictions or third party rights.

OWNERSHIP AND COPIES

All right, title and interest in and to the App Code, Services, and all copyrights, patents, trademarks, service marks or other Intellectual Property Right relating thereto, and the media on which the same are furnished to you, belong exclusively to Life Sorted or its respective developers and suppliers. You acknowledge that, except as specifically provided under this license and these Terms, no such right, title or interest in these items is granted to the you.

Except as provided for herein, you are prohibited from: distributing, transferring possession of, or otherwise making available the App Code or Services to any person other than Registered Users under these Terms; and using the App or Services for the purposes of commercial timesharing, service bureau or other rental or sharing arrangements.

GRANT OF LICENSE

We grant you a non-exclusive, personal, non-transferable license to use this App for your own private and non-commercial purposes and in accordance with these Terms.

Subject to these terms, we grant you a non-exclusive non-transferable license to:

  • Download the App Code;
  • Install the App on the Registered Users’ devices (Mobile phone, tablet, computer);
  • Use the App Code anywhere in the world.

You must not:

  • Copy or reproduce the App Code or any part other than in accordance with the license granted in these Terms;
  • Sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the App Code or any part;
  • Modify, alter, adapt, translate or edit, or create derivative works of the App Code or any part;
  • Circumvent or remove or attempt to circumvent or remove the technological measures applied to the App Code for the purposes of preventing unauthorised use,

Providing that nothing in this clause will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

SUPPORT

We will respond to all customer support inquiries within 3 business days.

From time to time we will provide and make available updates and upgrades to the App Code. You must promptly apply any upgrade released from time to time. We have no obligation to provide support for the App Code or to repair or replace the App Code in relation to any version of the App Code that does not incorporate the most recent upgrade to the software.

WARRANTIES AND DISCLAIMERS

At all times we comply with the Australian Consumer Law. For the purposes of Schedule 2 of the Australian Consumer Law, our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again or the replacement of the goods or services.

You represent and warrant:

  • that you have the legal right and authority to enter into and perform your obligations under this license; and
  • you are not located in a country that is subject to United States (‘US’) Government embargo, or is designated by the US Government as a ‘terrorist supporting’ country; and it is not listed on any US Government list of prohibited or restricted parties.

We do not warrant:

  • that the App or services provided through the App will be uninterrupted or error-free. There may be periods where, for technical or operational reasons the App and services may be inaccessible or that we may have to cancel the service as a result of the technical or operational issues; and
  • that the App and services will be free from loss, viruses, corruption, hacking, security breaches or other such events which may constitute a Force Majeure Event for which we disclaim any liability for any such issue or event. You are solely responsible for backing up your systems, information and software.

LIMITATION OF LIABILITY

Your use of the App is at your sole risk. The App and Service are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App and Service will meet your requirements or be available on an uninterrupted, secure or error-free basis.

In addition, you agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage, which may result directly or indirectly from your use of the App or our Service.

By using this App, you agree that we are not liable for any (1) inaccuracy, error or failure of the software; (2) any loss of data, errors or changes to any data you may input or incorrect materials contained in the App or Services; and (3) any loss or damage, including any consequential, indirect, incidental, special or direct loss or damage) arising from any download or your use of this App including any virus or other damage to your systems.

In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for the Service. All express or implied warranties, representations, statements, terms and conditions relating to this agreement or its subject matter that are not contained in this Agreement are excluded to the maximum extent permitted by law. If any guarantee, term, condition or warranty is implied under the Australian Consumer Law or any other applicable legislation and we are able to limit your remedy for a breach of that legislation, then our liability for such breach is limited to the replacement of the goods or the supply of equivalent goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

MODIFICATION OR TERMINATION OF APP

We reserve the right at any time and from time to time to modify or discontinue the App and Service either temporarily or permanently with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App and Service.

From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions at such time you may choose to accept or not.

GOVERNING LAW

These Terms of Use are governed by the laws of Queensland Australia which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Queensland Australia for determining any dispute concerning these Terms.