Application End User Licence Agreement (EULA)

This end user licence agreement (EULA) is between You (Licensee, You and Your) and Hope Centre Services trading as “Hope Ventures” (ABN 87 133 424 576) (HCS, Licensor, Us, We and Our) (collectively parties). This EULA governs Your use of the application (App) known as “Circuit Breaker” including but not limited to programs, functions, features, content, data, user interface, electronic documentation as well as any other material in relation to the App, and any questions, answers, comments, notes, information, all health and associated related materials and personal health and associated information made available via the App (the content).

Acceptance of Terms

By downloading, installing, operating or using the App, You acknowledge and agree to be bound by the terms and conditions of this EULA.
If you do not agree to be bound by the terms and conditions of this EULA you must not download, install, operate or use the App, or if you already have done this, you must immediately cease using and delete the App from your device.
We reserve the right, at any time and from time to time, at Our sole and absolute discretion to update, revise, supplement or otherwise modify this EULA.
If We update the EULA we will make a reasonable effort to notify you of this change when you access the App for the first time after such an update is made. Subject to this, your continued use of the app will constitute your acknowledgement and agreement to be bound by the updated EULA.

Limited Licence
Subject to the terms and conditions of this EULA, we grant you a limited, non-exclusive, revocable, personal, non-commercial, non-sub licensable, non-assigned and non-transferable Licence (licence) to download, install, operate and use the App solely for your own lawful, non-commercial and personal use on any smartphone device operating a supported version of either iOS or Android owned or controlled by You may access the android market site and Google Play operated by Google Inc. or may access the Mac Apple App Store and Apple App Store operated by Apple Inc. (Apple) (as the case may be).
If you download the App through the Apple App Store and/or Google Play, in addition to the terms and conditions set out here, your use of the App is also subject to Apple’s EULA or Google Play Terms of Service depending on your compatible device. To the extent of any conflict between the Apple’s EULA or Google Play Terms of Service, this EULA will prevail.

Notice regarding Apple and other application providers (App Providers)
You acknowledge and agree this EULA is between You and HCS only and not with Apple or any other App Provider.
Apple and/or any other App Provider is not responsible for the App (or any content of the App).
To the extent permitted by law, Apple and/or any other App Provider has no obligation to provide any maintenance and support services with respect to the App.
In the event of a failure of the App to conform to any applicable warranty, then You may notify Apple and/or any other App Provider and Apple and/or that APP Provider will refund the purchase price for the relevant App to You and to the maximum extent permitted by the applicable law. Apple and/or any other App Provider has no other warranty obligation whatsoever with respects to the App.
Apple and/or any other App Provider is not responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to product liability claims, any claim the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
Apple and/or any other App Provider is not responsible for the investigation, defence, settlement and discharge of any third-party claim Your possession and use of the App infringes such third party’s intellectual property rights.
In addition to this EULA, You agree to comply with any applicable third-party terms of service of Apple and/or any other App provider, when downloading, installing, displaying or using the App.
Your use of the App must comply with the terms and conditions and/or terms of service of Apple and/or any other App provider (as the case requires);
Each of Apple and/or any other App Provider and/or any subsidiaries of any of them, are third party beneficiaries of this EULA, and upon Your acceptance of this EULA, Apple and/or any other App Provider will have the right, and will be deemed to have accepted the right, to enforce this EULA against You as a third party beneficiary of this EULA.
You hereby represent and warrant You are not located in a country which is subject to a U.S government embargo, or which has been designated by the U.S government as a “terrorist supporting” country and You are not listed on any U.S government list of prohibited or restricted parties.

Term, Termination and Suspension.
This EULA will commence when You install the App on Your device, and will remain in effect until terminated by You or Us.
We reserve the right to immediately terminate, suspend or disable the App; suspend or terminate the EULA; suspend or terminate or limit the Licence and/or Your rights thereunder at any time, with or without cause, without notice and for such period or periods as We determine in our absolute discretion.
Without prejudice to any other rights, We may cancel or suspend use of the App at any time, with or without notice if You have breached the terms of this EULA.
Without prejudice to any other rights or remedies which We may have against You under this EULA or at law, if You breach any provision of this EULA, We may, with or without notice to You and with immediate effect, terminate this EULA and disable Your access to the App (including by closing Your account with Us), without any liability to You.
On termination for any reason, You must immediately cease accessing the App from any device and any copies (whole or partial), modifications or merged portions, and clear any HCS-side data cache derived from the terminated App (as applicable).
You may terminate this EULA at Your sole and absolute discretion by uninstalling and discontinuing Your usage of the App.

Installation, Updates and Maintenance
You acknowledge and agree:
1. the App requires a compatible enabled device (including computer or mobile device) with internet connectivity and access to the Android Market site or Google Play operated by Google Inc. or the Mac Apple App Store and Apple App Store operated by Apple; the App is not compatible with Windows phones;
2. Your use of the App may incur internet data charges, may involve the downloading of images, content and other items which may attract internet data fees and will consume the battery charge of Your device;
3. when creating Your account You must provide accurate, complete and up-to-date information as requested on the registration page of the App. It is Your responsibility to inform Us of any changes to such information. You may do this at any time by accessing Your account within the App;
4. once downloaded, to activate the App You may need to obtain an activation code. You may be asked to register Your details (including if not already held by Us) and We will need to confirm your identity to protect your privacy before providing you with an activation code;
5. the continued availability of the App, and content provided through the operation and use of the App, may be subject to external factors out of Our control including but not limited to routine maintenance, malfunction in equipment, hardware or software, internet access, and delay or failure of transmission;
6. We may modify or update the App at any time without notice including but not limited to disabling or enabling certain features or functionalities of the App, introducing new features and functionalities to the App, bug fixes, error corrections, and workflow and design changes.
7. We may, but we are not obligated to, provide maintenance and technical support for the App from time to time and We may suspend, terminate or disable some or all features and functionalities of the App in order to provide such services (if any) at any time without notice;
8. as part of the App installation process Your device settings may change and by installing the App, You acknowledge and approve any such changes to Your device settings; and
9. You may be required to download the latest version of the App from time to time including but not limited to any updates. It is Your responsibility to ensure You are using the most up to date version of the App at any given time.
By downloading and using the most up to date version of the App You acknowledge and agree to be bound by the then current terms and conditions of this EULA.
If You choose to allow “Push Notifications” (which may include alerts, reminders, badges, banners and sounds on your device) as part of installation of the App or by enabling notifications in “settings” on your device, then the App will generate Push Notifications on Your device and You acknowledge and consent to receipt of these Push Notifications.
You may choose to stop receiving Push Notifications at any time by selecting the applicable option within the settings menu or by deleting the App from Your device.
You agree to Us sending to You communications via SMS, email and/or other social media channels (as the case requires) (“Notifications”).
In respect of mobile devices, You acknowledge and agree receipt of Push Notifications and Notifications is dependent on the operation of Your mobile device provider, the service of the mobile device provider, the operation of Your internet service provider and the operation of Your email provider. We will not be responsible or liable for any costs or damages incurred by You not receiving Push Notifications or Notifications or by the insufficient operation of Your mobile device, mobile network, mobile phone company, internet service provider or email provider.
You may opt out of receiving:
1. email Notifications at any time by clicking the “Unsubscribe” link which appears at the bottom of email Notifications; and/or
2. SMS Notification at any time by replying “Stop” upon receipt of an SMS Notification; and/or
3. notifications via other social media channels at any time by following the prompts which appear within the Notification.
Restrictions and Terms of Use
You acknowledge and agree this App will be used by You for Your sole lawful, non-commercial and personal use only.
You must not and You must not permit others to:
1. reverse engineer, decompile, decode, decrypt, disassemble or in any way derive source code or codes from the App;
2. modify, translate, adapt, alter, or create derivative works from the App and the content;
3. copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the App and the content; or
4. distribute, sublicense, rent, lease, loan or allow any third party access to or use of the App and the content; or
5. use the App in a manner which may lead to a breach of the terms of this EULA or any applicable law.
You must abide by the terms of this EULA, including the terms of use specified in these provisions, when You access, operate or use the App, including any functions or features which enable You to post comments, content, material or interact with other users and take all reasonable steps to ensure no unauthorized person will have access to Your device or Your personal and/or sensitive information.
You must not and You must not permit any other person to:
1. use the App or the functions and the information the App provides in any way which is offensive or results or may result in any or any damage to any person;
2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others using the App including HCS and its directors, officers, agents, employees, licensees, contractors, assignees or successors;
3. upload, email, post, publish, distribute or otherwise transmit any information about any person which may identify them or may compromise their privacy or breach their confidentiality without their prior written consent;
4. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
5. upload, email, post, publish or otherwise transmit content which is false or misleading, inappropriate, tasteless, harassing, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, which promotes bigotry or hatred or harm against a group or individual, deliberately provocative or indecent, designed to provoke a negative response from one or more users, infringes another’s rights including but not limited to intellectual property rights, or violates any applicable laws or regulations;
6. upload, email, post, publish, distribute or otherwise transmit content which is of nuisance value, inappropriate, off topic, vexatious, constitutes unsolicited bulk-email, junk mail, spam or chain letters, contains a solicitation for funds, promotion, advertisement, solicitation for goods or services, or other commercial matters;
7. solicit, collect, or store personal data about other users, solicit other users to use or join or become members of any commercial online or offline service or other organization;
8. violate the property rights of others;
9. upload, email, post, publish, distribute or otherwise transmit content which infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party including HCS or its related bodies corporate; or
10. post any instructions, software, malware or other materials which harm other user’s computers or may allow App users or third parties to harm other users computers, devices, mobile devices, tablet devices or to inappropriately access software or websites and You must not employ any type of bots for the use of scrolling, showing multiple screens or other activities which may disrupt online communication.
Disclaimer
Nothing in this EULA restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth) (CCA).
The App and all content and/or services made available via the App are provided to you on an “as is” and “as available” basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the App or its content. The content and (any) services on or available through the App are provided as general information only and do not constitute medical, health or professional advice of any nature.
Except as expressly provided, to the maximum extent permitted by the law:
1. We expressly exclude and disclaim, and do not make any representation, warranty or endorsement of any kind, whether express or implied in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, currency or any other aspect of:
  1. any material, content and/or information made available through the App;
  2. the performance and availability of the App or any third party content or linked or third party website or mobile application; or
  3. the loss, damage, corruption or degradation of any data or other material or content as a result of the use of the App or any third party content or linked or third party website or mobile application.
2. We expressly exclude and disclaim all representations and warranties whether express or implied, that the App will meet Your requirements or Your operation and/or use, or the results of any operation and use of the App will be uninterrupted, complete, reliable, accurate, current, error-free, free of viruses or otherwise secure which may affect your software or systems.
You download, install, operate and use the App at your own risk and We accept no responsibility for any interference, loss, damage or disruption to Your own computer or mobile or other device or otherwise which arises in connection with Your use of the App or any third party content or linked or third party website or mobile application. You must take your own precautions to ensure the process which You employ to obtain access to the App or any third party content or linked or third party website or mobile application does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your computer or mobile device or otherwise cause You or any person loss, damage or corruption.
HCS is not a medical practitioner, qualified health care professional or any other qualified professional.
Nothing contained within the App or the content is intended to constitute or to be used as medical, health or professional advice and nothing contained in the App or the content is intended to be used to diagnose, treat, cure or prevent any disease; or to be used for any therapeutic purposes or as a substitute for the advice of Your health care professional.
All content provided on or through the App, including but not limited to third party content and all other text, graphics and images is provided for general informational purposes only.
No doctor-patient relation is formed between You and Us by Your use of the App.
You must always seek the advice of a doctor, qualified health professional or other qualified health care provider if You have questions about any physical or mental health condition or any of the information You receive from the App.
You must never disregard or delay seeking medical, health or professional advice, diagnosis, or treatment based on anything You read or obtain through the App.
Some of the information HCS provides or makes available through the App may become outdated, which may result in it being incorrect. Health care knowledge and health care practice can evolve and change rapidly. To the maximum extent permitted by law and subject to the foregoing, HCS makes no representations or warranty, either express or implied, as to the accuracy, completeness, adequacy, currency or timeliness of the content provided on the App and HCS will not be liable to You for Your reliance on any incorrect, inaccurate, incomplete or outdated content on the App.
The App may include interactive features which allow users of the App to communicate with Us and You acknowledge, to the maximum extent permitted by the law:
1. You use the content provided on the App at your own risk; and
2. HCS assumes no liability or responsibility for any errors or omissions in any of the content on the App or the information provided to You.
To the maximum extent permitted by the law, and subject to the foregoing, HCS does not endorse, represent or guarantee the validity, truthfulness, accuracy, completeness or reliability of any of the content on the App.

Indemnity
To the maximum extent permitted by law, You release and indemnify HCS, its directors, officers, agents, employees, licensees, contractors, assignees and successors from and against all losses, costs, expenses and damages of any kind including but not limited to direct or indirect, consequential, incidental, special, exemplary or punitive damages, and any liabilities arising out of or in connections with:
1. any past, present or future claims of action, liabilities and costs of whatever kind and wherever situated which You or any third party now have or may have arising out of or in connection with Your operation and use of, or inability to operate and use the App on any computer, device or mobile device which You own or do not own or control;
2. a breach by You or of Your obligations under this EULA;
3. any wilful, unlawful, or negligent act or omission by You;
4. any use of Your account by You or any third party, or any use or reliance of the App or content, any linked website or third party content, or by any reason arising from this EULA;
5. the publication or transmission of any information You provide to Us for inclusion in the App (including any damages sustained or incurred by Us in connection with complaints or claims relating to any such information);
6. loss of or damage to any property or injury to or death of any person caused by any act or omission by You; or
7. any claim by a third party against Us relating to Your use of the App (or use by any person who accesses the App using Your account) or information You provide to Us as a result of using the App.
This indemnity does not apply to the extent such liabilities, losses, costs, expenses and/or damages are directly caused or contributed to by any negligent act or omission of, or breach of any applicable law by, HCS.

Liability and risk
Australian consumer law implies certain consumer protection terms into this EULA. In respect of any such implied conditions, warranties or guarantees which We cannot at law exclude, to the maximum extent permitted by law, the remedies for a breach by Us of this EULA or any breach by Us of any consumer protection law will be limited to the minimum remedy which may be available in respect of any such breach. Notwithstanding this, or any other provisions of this EULA, You agree under no circumstances will HCI’s total liability for any loss or damage suffered or incurred by You exceed the licence fee (if any) paid by You for the App. In this regard, the total liability may be nil.
You acknowledge and agree, to the maximum extent permitted by law and without limiting Your rights under the CCA, We make no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of the App or any content and/or services made available via the App.
To the maximum extent permitted by law, and without limiting Your rights under the CCA, We exclude all liability for all direct, indirect or consequential liabilities, loss, damages, Cost and expenses (including loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), even if We have been notified of the possibility of such loss or damage, whether arising in contract, tort (including negligence) or otherwise, suffered or incurred:
1. in connection with or in any way relating to the App or any content and/or services provided or made available through the App, including:
  1. in connection with any disruption to or unavailability or failure of the App or interference with or damage to computer systems or other electronic devices;
  2. in connection with errors, omissions or inaccuracies contained in any information published on or available via the App;
  3. the unavailability, unsuitability, non-currency and non-connectivity of third party sites or applications, or content or services on such websites or applications;
  4. as a result of any fraudulent use, misuse or misappropriation of any account; or
  5. as a result of any act committed by another person in connection with your use of the App or any content and/or services provided or made available through the App;
2. arising from any circumstance beyond Our control; and
3. otherwise under or in connection with this EULA.
Nothing in this EULA excludes, restricts or modifies any condition, warranty, right or liability implied in this EULA or protected by law to the extent such exclusion, restriction or modification may render this EULA or any provision of this EULA void, illegal or unenforceable. Subject to this, any condition, warranty, right or liability which may otherwise be implied in this EULA or protected by law is excluded.
The application of the United Nations Convention on Contracts for the International Sale of Goods to this EULA (by virtue of any law relevant to this EULA) is excluded.

Intellectual property, trade marks and copyright
You must not provide, or permit to be provided, any material or data through the App (Your Data) which infringes the intellectual property rights or other rights of any person including HCS, which may breach any applicable laws or may otherwise result in civil or criminal liability to You, Us or a third party.
This EULA is not intended to operate, and does not operate to displace ownership of Your Data. You grant Us and each of our officers, employees, agents and subcontractors from time to time an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, adapt, modify and otherwise exploit Your Data for the purpose of Your use of the App and the purposes set out in Our Privacy Policy located at https://circuitbreaker.au/privacy-policy.
Subject to the previous paragraph, You acknowledge and agree:
1. We (and/or Our third party licensors as applicable) own absolutely, or have the right to use, all copyright, trade marks and all other intellectual property in the App and the content including but not limited to visual interfaces, interactive features, information, graphics, designs, compilations, computer codes and all other elements of the App; and
2. You own no copyright or other intellectual property rights in the App and the content.
Nothing in this EULA grants You permission to use and reproduce Our (and/or Our third party licensors as applicable) trade marks or trade names, except to legitimately identify Our products and services.
You must not adopt, use, or attempt to register any trade marks or trade names deceptively or confusingly similar to Our (and/or Our third party licensors as applicable) trade marks or which create combination marks with any of Our trade marks or trade names.
You acknowledge and agree You have no legal or equitable proprietary or other title or interest in the App and, subject to these terms, the content other than the right to use the App pursuant to this EULA, and the title to and all other proprietary rights in the App are retained by and are the absolute property of HCS. You acknowledge and agree damages may not be an adequate remedy for breach by You of these terms and We are entitled to apply for and be granted specific performance or injunctive relief in addition to any other legal or equitable remedy available to Us for breach or threatened breach by You of these terms (including these provisions in respect of intellectual property, trade marks and copyright).

Privacy
You acknowledge and agree that certain information, including personal information about You, and information provided to Us on signing up to the App, may be collected via the App and will be held by Us.
By using the App You agree that We will collect data and related information about You and Your use of the App and general engagement with the App, technical information and preferences about your device, system, and application software. This information is collected by Us for the purpose of operating the App and to optimise Your user experience including to better understand Your requirements and preferences for using the App and to facilitate the provision of HCS or third party services and updates in connection with the App. Your personal information will be collected, used and disclosed by Us in accordance with Our Privacy Policy located at: https://circuitbreaker.au/privacy-policy and by any third party providers in accordance with the privacy policy of them, which forms part of this EULA.
For information on how to gain access to Your personal information, how We use Your personal information, provision of contact details or other privacy matters, please see the link above to Our Privacy Policy.

Third Party Content
The App may utilize or include third party content, software, application, website or other copyright materials (third party content). We may, from time to time, publish links within the App which transfer You to third party sites (which, in some cases, may be framed within the App). These links are provided for Your convenience only and by accessing any such third party content or third party sites, You agree to any terms of access or use imposed by those sites (including without limitation those of the third party). We do not endorse any third party content or material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the third party content or the material on those sites. We do not warrant material on other sites does not infringe the intellectual property rights of any other person.
If the App contains third party advertisements (which may or may not contain embedded hyperlinks or referral buttons to third party websites), the display of such advertisements does not in any way imply Our endorsement or recommendation of the relevant advertiser, its products or its services.
Without limiting any other provision of this EULA, and to the maximum extent permitted by law, HCS excludes liability for any loss suffered as a result of use of third party content, third party websites and applications (including mobile applications), or reliance on the information contained within. The terms and conditions, terms of use and privacy policies of those third party websites and applications, or contained within such third party content, will apply to Your use of those websites and applications and such third party content.

Account information
You are solely responsible for maintaining the confidentiality of Your App login, Your registration information, protecting Your computer, device or mobile device from damage, theft or hacking and for any and all activity which occurs under Your account as a result of Your failing to keep this information secure and confidential. You must immediately notify Us of any unauthorized use of Your account or password, or any other breach of security.
You must keep Your personal details and other information in Your account up to date.

Governing law
This EULA is governed by and constructed in accordance with the law of the State of Queensland and the Federal Laws of Australia and each party submits to the non-exclusive jurisdiction of the courts of the state of Queensland, The Federal Courts of Australia (as the case may be) and courts hearing appeals from those courts.

General
The provisions of this EULA will be separate and severable from each other to the extent such provision or provisions are considered to be inoperative, void or otherwise unenforceable then the remaining provision or provisions will be binding on and enforceable by the parties.
The rights and obligations of the parties in respect of the EULA and the indemnities and warranties contained within this EULA will remain in full force and effect, and will not merge or be extinguished by or upon termination of or completion of any obligation under this EULA.
This EULA contains the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.
If You are having difficulties accessing the App or any content and/or services available via the App or to lodge a complaint, please contact Us at info@hopeventures.org.au. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.
If You have any questions relating to this EULA or any other aspect of the App, please contact us via email at info@hopeventures.org.au.

Collection notice

We collect personal information about You in order to operate the App, optimise Your user experience, better understand your requirements and preferences for using the App, to facilitate the provision of updates and for purposes otherwise set out in Our Privacy Policy located at: https://circuitbreaker.au/privacy-policy.
Your personal information may be collected, used and disclosed by Us in accordance with Our Privacy Policy (above) and by third party contractors in accordance with the privacy policy of them.
The information You provide will be collected by or on behalf of Us and may be disclosed to third parties which help Us deliver Our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If You do not provide this information, We or Our third party providers may not be able to provide all of Our services to You. HCS will not disclose personal information to recipients outside of Australia, other than to HCI’s associated entities and related bodies corporate from time to time, without obtaining Your consent.
HCS may use data or cloud server hosting facilities and third party service providers to assist HCS with providing its goods and services. As a result, personal information may be transferred to, and stored at, a destination outside of Australia, including regions such as the United States of America and the European Union and Asia, where doing so is part of HCI’s ordinary business practices relating to the storage of data and where permitted by law.
Our Privacy Policy explains:
1. how We store and use, and how You may access and correct Your personal information;
2. how You can lodge a complaint regarding the handling of Your personal information; and
3. how We will handle any complaint. If You require any further information about Our privacy policies or practices, please contact Us at:
  
  Address 35 Thompson St, Bowen Hills QLD, 4006, Australia
  
  Email info@hopeventures.org.au
  
  Telephone (07) 3253 1300
By providing Your personal information to Us, You consent to the collection, use, storage and disclosure of such information as described in the Privacy Policy and this collection notice.


Address	35 Thompson St, Bowen Hills QLD, 4006, Australia
Email	info@hopeventures.org.au
Telephone	(07) 3253 1300

Application End User Licence Agreement (EULA)

Acceptance of Terms

Limited Licence

Notice regarding Apple and other application providers (App Providers)

Term, Termination and Suspension.

Installation, Updates and Maintenance

Restrictions and Terms of Use

Disclaimer

Indemnity

Liability and risk

Intellectual property, trade marks and copyright

Privacy

Third Party Content

Account information

Governing law

General

Collection notice

CIRCUIT BREAKER