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.
"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.
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.
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 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.
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.
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:
(a) Download the App Code;
(b) Install the App on the Registered Users' devices (Mobile phone, tablet, computer);
(c) Use the App Code anywhere in the world.
You must not:
(a) Copy or reproduce the App Code or any part other than in accordance with the license granted in these Terms;
(b) Sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the App Code or any part;
(c) Modify, alter, adapt, translate or edit, or create derivative works of the App Code or any part;
(d) 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.
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:
(a) that you have the legal right and authority to enter into and perform your obligations under this license; and
(b) 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:
(a) 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
(b) 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.
Last updated: June 2019
INFORMATION WE COLLECT FROM YOU
We only access minimum permissions required to activate, enable and run the App. You agree and acknowledge that use of the App is at your own risk and we are not liable for any loss or damage that may result from your use of the App, however it may occur.
In the course of your visits to our website or use of our App Service, we may obtain the following information about you: your name, date of birth, email address, telephone number, credit card details, billing address, geographic location, and IP address, as well as the first and last names, date of birth and email addresses of the family members that you have added to access our App services (together ?Personal Data?).
Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. You must be 18 years of age or older to create an account and by using our Service and providing your family and any minor child with access, you are responsible for and consenting as a parent or guardian, to any of the information and Personal Data that is added to your account for any minor children.
You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.
HOW WE USE YOUR INFORMATION
Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website and service experience.
Any Personal Data that may identify you will not be used by us for any purpose other than enabling features and functions of the App and enhancing the services the App offers to you. Any information that we collect for aggregation purposes will only be used on an anonymous basis. Personal Data will not be used for these purposes.
We use your email address to communicate with you, for example, to send any event notifications, reminders, update information and to remind you when a subscription is ending.
Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.
Editing your Personal Data: You can log into your account to review and modify your Personal Data at any time. You can also confirm any Personal Data we hold about you by contacting us at the contact details below.
Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website and App services, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.
Any information you choose to make publicly available, such as blog comments and testimonials on our website, or posts on our App, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached or archived form.
STORAGE AND SECURITY OF YOUR INFORMATION
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.
To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.
We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.
COOKIES AND PIXELS
SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not and will not sell or deal in Personal Data or any customer information.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Life Sorted Australia Pty Ltd, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.
LINKS TO OTHER WEBSITES
OUR RESPONSIBILITIES UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the EU or UK you have certain rights and protections under the GDPR regarding the processing of your Personal Data.
We collect, use and store your Personal Data to enable us to provide you with our goods or services and information about them. We rely on the following lawful means of processing your Personal Data:
Where it is necessary to fulfil a contract with you. This includes where we collect your Personal Data to enable us to send you our goods or provide you with our services.
Where you have given us valid consent to use your Personal Data. We will rely on that consent and only use the Personal Data for the specific purpose for which you have given consent. This includes where we email newsletters or send mobile phone notifications.
We may also process your Personal Data where it is to further our legitimate interests which could include usage statistics, analytics and internal analysis so we can improve our services to you.
YOUR RIGHTS AS AN EU OR UK RESIDENT
If you are a resident of the EU or UK you have various rights including the:
Right to be informed;
Right of access;
Right to rectification;
Right to object;
Right to restriction of processing;
Right to erasure or to be forgotten;
Right to data portability; and
Right not to be subject to automated processing.
If you want to access your Personal Data or ask for the information to be corrected, please contact us. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your Personal Data. If you would like to limit or request deletion of your Personal Data or exercise any other rights you can do so by contacting us.
WITHDRAWING YOUR CONSENT
You can withdraw your consent to our collection or processing of your Personal Data. You can do so by contacting us or by opting out of email newsletter communications by following the instructions in those emails, by clicking unsubscribe or by using the opt out option through our App. If you withdraw your consent to the use of your Personal Data, you may not have access to our services and we might not be able to provide you with our services. In some circumstances, where we have a legal basis to do so, we may continue to process your information after you have withdrawn consent. For example, if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.
We comply with the GDPR protection directives set out by the EU and UK regarding the collection, use and retention of Personal Data from EU member countries and the UK. All Personal Data stored on our platform is treated as confidential. It is stored securely and is only accessed by authorized personnel. Our collection is limited in relation to what is necessary, for the purpose for which the Personal Data is processed, and kept only for so long as is necessary for the purpose for which the Personal Data was collected. We implement and maintain appropriate technical, security and organisational measures to protect Personal Data against unauthorized or unlawful processing or use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of Personal Data and we have adequate cyber security measures in place.
By providing us with your Personal Data, you consent to us disclosing it to third parties who reside outside the EU or UK. We will ensure that those third parties are GDPR compliant and adhere to the relevant privacy laws.