Coucou Terms of Use
This website (the “Website”) and Coucou’s products and services are owned and operated by Coucou Connect Pty Ltd (65 648 285 205).
By accessing and/or using this Website and/or the Coucou service (the “Coucou Service”), you agree to the Services Terms of Use, the Website Terms of Use, and our Privacy Policy (together the Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our services if you do not agree to these Terms. These Terms of Use form an agreement between each User and Coucou (the “Agreement”). To the extent of any inconsistency between the Services Terms of Use and the Website Terms of Use, the Services Terms of Use will prevail.
These Terms may be amended by Coucou from time to time. You should check the Website regularly to ascertain whether any amendments have been made. Your continued use of the Website and/or the Coucou Service following the date such amended terms are posted on the Website will be deemed to be acceptance of any amended Terms. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using the Coucou Service.
Services Terms of Use
In these Terms;
‘Coucou’, 'us', 'we' and 'our' means Coucou Connect Pty Ltd and our related bodies corporate;
“User” means an individual who creates an account in the Coucou Service via the Coucou App;
“Safe Person” means a person nominated by a User to be that user’s safe person, and who creates an account in the Coucou Service via the Website, and “Safe People” means more than one Safe Person; and
“you” or “your” means a User or Safe Person.
1 About the Coucou Service
Coucou is a service that checks on and connects people. The Coucou Service is delivered via a mobile application (the “Coucou App”) and as software-as-a-service via the Website.
Users can use Coucou to check-in and to note their moods. Users must nominate a minimum of 3 Safe People, who will be notified by Coucou if the User fails to respond to a Coucou check-in within a certain period of time, if the User registers certain levels of poor mood, or activates the SOS button.
2 Disclaimer
The Coucou Service is designed to connect people. It is provided on an “as-is” and “as-delivered” basis and all warranties of fitness and merchantability are excluded to the maximum extent possible at law. Coucou does not warrant that the Coucou Service will be constantly available, uninterrupted, secure, or error-free, or that it will be compatible with any technology.
Users and Safe People acknowledge and agree that:
(a) the Coucou Service has not been prepared to meet Users’ or Safe Persons’ individual needs;
(b) it is the User’s or Safe Persons’ obligation to ensure the Coucou Service is suitable for the Users’ or Safe Persons’ needs; and
(c) Coucou may add to, remove, or alter the functionality of the Coucou Service at any time in its discretion.
Coucou does not provide medical advice and does not review the data entered into the Coucou Service. Users and Safe People use the Coucou Service at their own risk. Users should discuss the suitability of the Coucou Service with their medical practitioner or mental health professional. Coucou disclaims any liability in connection with the User’s and Safe Persons’ use of the Coucou Service to the maximum extent possible at law.
3 Registration by Users
All Users must register to access the Coucou Service.
When a User registers and activates its account, it will provide Coucou with personal information such as the User’s name, email address, telephone number, sex, and date of birth. Users must ensure that this information is accurate and current.
Each User expressly consents to Coucou collecting the User’s personal information (including sensitive health information)
Coucou will handle all personal information it collects in accordance with its Privacy Policy.
When a User registers and activates its account, Coucou will provide a one time password, which the user changes to suit. Users are responsible for keeping password secure and are responsible for all use and activity carried out via their account.
To create an account, the User must:
(a) be at least 18 years of age. Any User aged under 18 must obtain the express consent of their parent or guardian before they create an account;
(b) possess the legal right and ability to enter into a legally binding agreement with us;
(c) agree and warrant to use the Coucou Service in accordance with these Terms; and
(d) nominate at least three Safe People.
For the avoidance of doubt, the User’s account will not become active until at least three Safe People have accepted the role as Safe Person in respect of that User, and Users will not be charged until that occurs. If at any time a User has fewer than three Safe People that User’s access to the Coucou Service will be suspended until such time as the User has not less than three Safe People.
4 Nomination of Safe People and provision of Key Holder Contact Details
4.1 Nomination of Safe People
Users must nominate at least three Safe People. At least one of the Users’ Safe People must be over the age of 18.
Users must seek the consent of each Safe Person before they provide Coucou with that Safe Person’s contact details. Users can nominate a Safe Person by selecting the Safe Person’s phone number from their phone into the Safe People section of the Coucou App. Once the details have been received a text message will be sent to the Safe Person notifying them that they have been nominated and inviting them to create an account in Coucou should they accept the role. The message to the Safe Person will contain a link to the Website enabling them to create an account in Coucou.
Safe People must agree to take on their role and create an account in Coucou prior to assuming any obligations in respect of a User.
4.2 Provision of Key Holder Contact Details
Users may also elect to provide Coucou with details of the User’s place of residence and contact details of a person or entity (such as a real estate agency) that holds a key enabling the access to that place of residence.
Users should obtain the consent of the relevant person or entity prior to providing the contact details of that person or entity to Coucou. The person or relevant entity should be made aware that the contact details will be made available to the User’s Safe People if the events set out in clause 6.1 below occur, and must obtain the consent of the relevant person or entity to such disclosure. Users acknowledge that an email will be sent to the relevant person or entity and the relevant person or entity may decline to allow Coucou to hold the person’s or entity’s details for this purpose.
5 Coucou Notifications
5.1 Coucous
The Coucou Service involves the sending of regular prompts to Users. These consist of a “Morning Coucou” and an “Afternoon Coucou”. Users will receive Morning Coucous, Afternoon Coucous, or both, depending on the Coucou Plan selected by the User from time to time.
Coucous are sent as push notifications within the Coucou App. Users must allow push notifications to be sent by the Coucou App in order for the Coucou functionality to operate properly. Coucou will not have any liability to Users or to any other person in the event that a User does not allow push notifications from the Coucou App.
5.2 Morning Coucous
Users who are eligible to receive a Morning Coucou will receive the Morning Coucou at the time nominated by the User in the Coucou App.
The purpose of the Morning Coucou is to ensure that the User is awake .
The Morning Coucou will consist of a push notification in the Coucou App. Users must respond to the Morning Coucou by accessing the Coucou App and clicking the “Good Morning Coucou” button.
Users acknowledge that if they do not respond to the Morning Coucou within one hour they will receive a further push notification. If the User does not respond for a further hour they will receive a further push notification. If the User does not respond within the next 30 minutes (that is, 2 and a half hours from receipt of the Morning Coucou) a User Concern Notification will be sent to that User’s Safe People.
5.3 Afternoon Coucous
Users who are eligible to receive an Afternoon Coucou will receive the Afternoon Coucou at the time nominated by the User in the Coucou App.
The purpose of the Afternoon Coucou is to prompt the User to consider and rate their mood.
The Afternoon Coucou will consist of a push notification in the Coucou App asking the User to nominate how they are feeling from a selection of moods.
Users must respond to the Afternoon Cocou by accessing the Coucou App and selecting a mood from those displayed.
Users may elect to dismiss the Afternoon Coucou by using the Ignore button. Users may dismiss the Afternoon Coucou an unlimited number of times in their discretion.
Users acknowledge that if they select a “Lonely” or “Black Hole” mood or the “SOS” button their Safe People will receive a User Concern Notification.
5.4 Immediate Safe Person Notification
If a User wishes for a User Concern Notification to be sent to that User’s Safe People the User can access the Coucou App and select the “SOS” button at any time. The User will be asked to confirm that they wish for a User Concern Notification to be sent to the User’s Safe People. If the User confirms the request then a User Concern Notification will be sent to the User’s Safe People.
6 Registration and Resignation of Safe People
6.1 Safe Person Registration
All Safe People must register to access the Coucou Service.
When a Safe Person registers and activates its account, it will provide Coucou with personal information such as the Safe Person’s name, email address, age, and telephone number. Safe People must ensure that this information is accurate and current.
Each Safe Person expressly consents to Coucou collecting the Safe Person’s personal information.
Coucou will handle all personal information it collects in accordance with its Privacy Policy.
When a Safe Person registers and activates its account, Coucou will provide the Safe Person with a one time password which the safe person must then change via the Coucou Service. Safe People are responsible for keeping this password secure and are responsible for all use and activity carried out via their account.
To create an account, the Safe Person must:
(a) be at least 18 years of age. Any Safe Person aged under 18 must obtain the express consent of their parent or guardian before they agree to their obligations as a Safe Person;
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the Coucou Service in accordance with these Terms.
6.2 Safe Person Resignation
A Safe Person may resign from their role as Safe Person in respect of any individual User at any time upon 7 days notice. To resign from their role as Safe Person the Safe Person must log into their account in the Coucou Service and select the “Opt Out” option next to the relevant User on the Safe Person’s dashboard.
A Safe Person’s account will be closed if they are not an active Safe Person in respect of a User for a period of 7 days.
7 User Concern Notifications and Safe Person Obligations
7.1 User Concern Notifications
A User’s Safe People will receive a text message from Coucou in the event that:
(a) a User does not respond to their Morning Coucou and follow-up notifications in accordance with Clause 5.2 above;
(b) a User logs a “Lonely” or “Black Hole” mood in response to their Afternoon Coucou; or
(c) a User activates the “SOS” button,
a “User Concern Notification”.
Users expressly consent to Coucou sending a User Concern Notification to that User’s Safe People if any of the events set out above occurs.
If any of the above events occurs all of the User’s Safe People will receive a User Concern Notification. Safe People expressly consent to the receipt of User Concern Notifications if any of the above events occur.
7.2 Safe Person obligations
Each Safe Person agrees that upon receipt of a User Concern Notification the Safe Person will use all reasonable efforts to contact the User as soon as is reasonably practicable for the purposes of determining the welfare of the User. Each Safe Person acknowledges that it is the Safe Person’s sole obligation to contact the User, and that Coucou has no obligation to contact a User or to facilitate the contact with a User by a Safe Person.
7.3 Access to Safe Person and Key Holder Contact Details
When the Coucou Service sends a User Concern Notification each Safe Person is automatically provided with access to the contact details of each other Safe Person in respect of the relevant User, along with any Key Holder Contact Details held by Coucou. Each Safe Person consents to the disclosure of their contact details to other Safe People of a User in the event of delivery of a User Concern Notification in respect of that User.
A Safe Person can access the contact details of the other Safe People and the Key Holder Contact Details by logging into the Safe Person’s Coucou account.. Relevant details will be displayed on the Safe Person’s Coucou dashboard.
Access to the contact details of other Safe People and to the Key Holder Contact Details remains available for a period of 12 hours from the time at which the User Concern Notification is sent.
8 Use of the Coucou Service
8.1 Grant of Right to Use
Subject to compliance with these Terms and to payment of any applicable Service Fees, Coucou grants each User and each Safe Person the personal, non-exclusive, non-transferable, non-sub-licenseable right to access and use the Coucou Service for the duration of the Term. The User must not allow any other person to access or use the Coucou Service.
Safe People acknowledge that their access to functionality of the Coucou Service is limited to the functionality specified in these Terms.
8.2 Prohibited Activity
Users and Safe People must not:
(a) commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(b) attempt to undermine the security or integrity of Coucou’s systems or networks or, where a service is hosted or provided by a third party, that third party’s system or network;
(c) make any use of the Coucou Service which is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another’s privacy or constitutes a breach of any other of the legal rights of individuals (including with respect of the Spam Act);
(d) use, or misuse, the Coucou Service in any way which may impair the functionality of the Coucou App or the Coucou Service, or any other network or system used to deliver the Coucou App or Service;
(e) attempt to gain unauthorised access to any materials other than those to which the User or Safe Person has been given express permission to access;
(f) transmit or input into the Coucou Service:
(i) any files that may damage the Coucou App, the Coucou Service, or any other person’s computing device or software; or
(ii) any illegal or offensive content or content that otherwise infringes any law or regulation; or
(g) attempt to modify, copy, adapt, reproduce, disassemble, decompile, create derivative works from, or reverse engineer any computer programs used to deliver the Coucou App, or any other element of the Coucou Service or Coucou’s systems.
8.3 Passwords to be kept secure
Users and Safe People must ensure that Coucou Service passwords are kept secure and confidential. Users must immediately notify Coucou of any unauthorised use of a password or any other breach of security.
8.4 Disclosure Obligations
Users and Safe People may disclose the personal information of third parties to Coucou in connection with their use of the Coucou Service. Users and Safe People must ensure that they have obtained the consent of the relevant third party individual prior to disclosing that individual’s personal information to Coucou.
8.5 Use of Information
Users and Safe People must only use information obtained via the Coucou Service for the purpose of contacting and/or ensuring the safety of Users.
9 Fees and Payment
9.1 Coucou Plans
Coucou offers various levels of functionality and engagement via the Coucou Service. When Users sign up they can choose from a number of plans with varied functionality and engagement (each a “Coucou Plan”). The cost of the use of the Coucou Service is dependent upon the Coucou Plan that is selected by the User.
Users can elect to change their Coucou Plan at any time on the Change Plan menu page. Changes to Coucou Plans come into effect within at the commencement of the next billing cycle.
9.2 Fees
All fees are payable monthly in advance. Fees are non-refundable other than under Clause 11.3.
9.3 Payment
Coucou uses PayPal to process payments. Payment can be made by any form of credit card accepted by PayPal. Payments will be deducted from the User’s nominated credit card monthly in advance.
9.4 GST
All fees are inclusive of GST.
10 Support
10.1 Health Support Disclaimer
For the avoidance of doubt, Coucou does not provide any form of health advice, including but not limited to mental health advice, counselling, or support. Users should consent their relevant health professionals if they require any health advice.
10.2 Technical Issues
In the case of technical or other availability issues with the Coucou Service you must make all reasonable efforts to investigate and diagnose such issues prior to contacting Coucou. If you require additional support you can contact Coucou at [email protected]
10.3 Service Availability
Coucou may, on occasion, make the Coucou Service, the Coucou App, or other elements of the Coucou system unavailable for the purposes of performing maintenance or development. Cocou will use reasonable endeavours to publish details of such maintenance or development on the Website, and will use reasonable endeavours to ensure that such maintenance or development is conducted during time periods that minimise disruption of the Coucou Service to you. You acknowledge that Coucou may be required to perform urgent maintenance or development at any time and under such circumstances Coucou may make the Coucou Service, the Coucou App, or any other element of the Coucou system unavailable without notice for the purposes of performing such urgent maintenance or development.
11 Term and Termination
11.1 Term
The Term commences upon a User registering an account and concludes on the date of termination as set out in this Clause 7.
11.2 Termination by Users
A User may terminate this Agreement at any time by deleting their account using the functionality of the Coucou Service or by sending an email to [email protected]
11.3 Termination by Safe People
A Safe Person may terminate this Agreement at any time on 7 days notice by using the functionality of the Coucou Service or by sending an email to [email protected] Where a Safe Person terminates this Agreement all Users for whom that person is a Safe Person will be notified. Safe People acknowledge that the 7 day notice period is reasonable as it provides relevant Users with sufficient time to nominate replacement Safe People.
11.4 Termination for convenience by Coucou
Coucou may terminate this Agreement at any time on written notice to a User, however where this Agreement is terminated without cause Coucou will use reasonable efforts to provide the User with not less than 30 days notice of such termination. If Coucou terminates this Agreement in accordance with this paragraph Coucou will refund any Fees paid to Coucou by Users on a pro-rated basis.
11.5 Termination for Breach
If a User or Safe Person:
(a) breaches any term of this Agreement that is not capable of remedy;
(b) breaches any term of this Agreement that is capable of remedy and does not remedy that breach within 7 days of receiving notice of the breach from Coucou; or
(c) becomes insolvent or bankrupt, or goes into liquidation, or has a receiver or manager appointed to any of its assets, or makes any arrangement with its creditors,
then Coucou may, in its discretion, do any one or more of the following:
(d) terminate this Agreement and the User’s or Safe Person’s access to the Coucou Service;
(e) suspend the User’s or Safe Person’s use of the Coucou Service; or
(f) suspend or terminate the User’s or Safe Person’s access to any data or other information held by Coucou (other than where access is required to be given by law).
11.6 Accrued Rights
Termination of this Agreement is without prejudice to any rights or obligations of the parties accrued up to and including the date of termination. On termination of this Agreement:
(a) Users remain liable for all accrued charges and amounts payable as of the date of termination; and
(b) the User’s or Safe Person’s right to access and use the Coucou Service ceases immediately upon termination of this Agreement for any reason.
12 Indemnity
Each User and each Safe Person indemnifies Coucou from and against all claims, costs, damage, loss, liability, and expense arising from any breach of this Agreement by the User or Safe Person.
13 Intellectual property rights
Unless otherwise indicated, Coucou owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Coucou Service, the Coucou App, the other elements of the Coucou systems, and in all of the material (including all text, graphics, and logos) made available on the Coucou Service, the Coucou App and the Coucou system (Content).
Users’ and Safe Persons’ use of the Coucou Service and use of and access to any Content does not grant or transfer any rights, title or interest to Users or Safe People in relation to the Coucou Service, the Coucou App, the Coucou system, or the Content. However Coucou grants the User or Safe Person (as applicable) the right to access the Coucou Service and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by Coucou and/or its third party licensors.
Any reproduction or redistribution of the Coucou Service, the Coucou App, other elements of the Coucou system, or the Content is prohibited and may result in civil and criminal penalties.
All other use, copying, reproduction, or reverse engineering of the Coucou Service, the Coucou App, the Coucou system, and the Content or any part of it is prohibited, except to the extent permitted by law.
14 Confidentiality
Each party will preserve the confidentiality of all Confidential Information of the other party obtained in connection with this Agreement. Neither party will disclose any Confidential Information of the other party other than where the other party has given its prior written permission or where the Confidential Information must be disclosed by law.
“Confidential Information” means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by the User or Coucou or which is otherwise learned or accessed by the User or Coucou as a result of entering into this Agreement.
15 Data
Coucou is the owner of all data and other information entered into the Coucou Service.
All individuals whose personal information is held by Coucou may access and correct records held by Coucou in accordance with the terms of the Coucou Privacy Policy and otherwise in accordance with applicable law. Coucou may require that you prove your identity prior to you being given access to any records.
Upon termination of this Agreement for any reason Coucou may retain User or Safe Person data as required by law or the terms of any relevant insurance policy. Any User or Safe Person data no longer required by Coucou for the provision of services or required to be retained under this provision will be deleted.
Users and Safe People consent to the deidentification of data and other information provided under this Agreement and the use of such data by Coucou for any purpose.
16 Limitation of Liability
16.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall Coucou be liable for any direct or indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a User’s or Safe Person’s use of the Coucou Service, the Coucou App, or as a result of the inaccessibility of the Coucou Service, the Coucou App, and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
16.2 Other than as set out in Clause 13.3 below, to the extent that Coucou has any liability to a User or Safe Person, Coucou’s total aggregate liability to that User or Safe Person in connection with any breach of this Agreement by Coucou will be limited to the total amount paid to Coucou by the User or Safe Person under this Agreement.
16.3 To the extent that the Coucou Service or the Coucou App is in breach of any statutory warranty or guarantee that cannot be excluded by law the sole remedy of the User or Safe Person will be (at Coucou’s sole discretion):
(a) the resupply of the Coucou Service (or any other services delivered via the Coucou App) to the User or Safe Person; or
(b) the payment of the cost of having the services supplied to the User or Safe Person again.
16.4 If a User or Safe Person is not satisfied with the Coucou Service or Coucou App, the User’s or Safe Person’s sole remedy is to cease using the Coucou Service and to terminate this Agreement in accordance with Clause 7.
17 General
17.1 Entire Agreement
These Terms of Use, together with the Privacy Policy, and the terms of any other notices or instructions given to Users or Safe People under these Terms of Use supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the User or Safe Person (as applicable) and Coucou relating to the use of the Coucou Service, the Coucou App, and the other matters dealt with in these Terms of Use.
To the extent of any inconsistency between these Terms of Use and any other terms, these Terms of Use will prevail.
17.2 No Assignment
A User or Safe Person may not assign or transfer any rights under this Agreement to any third party without Coucou’s prior written consent.
17.3 Severability
If any part of provision of these Terms of Use is invalid, unenforceable, or in conflict with any law, that part or provision is excised from this Agreement and the remainder of the Agreement will be unaffected.
18 Jurisdiction and governing law
Your use of the Coucou Service, the Coucou App, and these Terms are governed by the law of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
Website Terms of Use
1 Accuracy, completeness and timeliness of information
The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
2 Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
3 Linked sites
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
4 Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
5 No commercial use
This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website.
6 Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
(d) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(e) using this website to defame or libel us, our employees or other individuals;
(f) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(g) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
7 Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
8 Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
9 Jurisdiction and governing law
Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
Last Updated: 23 March 2021
This website (the “Website”) and Coucou’s products and services are owned and operated by Coucou Connect Pty Ltd (65 648 285 205).
By accessing and/or using this Website and/or the Coucou service (the “Coucou Service”), you agree to the Services Terms of Use, the Website Terms of Use, and our Privacy Policy (together the Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our services if you do not agree to these Terms. These Terms of Use form an agreement between each User and Coucou (the “Agreement”). To the extent of any inconsistency between the Services Terms of Use and the Website Terms of Use, the Services Terms of Use will prevail.
These Terms may be amended by Coucou from time to time. You should check the Website regularly to ascertain whether any amendments have been made. Your continued use of the Website and/or the Coucou Service following the date such amended terms are posted on the Website will be deemed to be acceptance of any amended Terms. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using the Coucou Service.
Services Terms of Use
In these Terms;
‘Coucou’, 'us', 'we' and 'our' means Coucou Connect Pty Ltd and our related bodies corporate;
“User” means an individual who creates an account in the Coucou Service via the Coucou App;
“Safe Person” means a person nominated by a User to be that user’s safe person, and who creates an account in the Coucou Service via the Website, and “Safe People” means more than one Safe Person; and
“you” or “your” means a User or Safe Person.
1 About the Coucou Service
Coucou is a service that checks on and connects people. The Coucou Service is delivered via a mobile application (the “Coucou App”) and as software-as-a-service via the Website.
Users can use Coucou to check-in and to note their moods. Users must nominate a minimum of 3 Safe People, who will be notified by Coucou if the User fails to respond to a Coucou check-in within a certain period of time, if the User registers certain levels of poor mood, or activates the SOS button.
2 Disclaimer
The Coucou Service is designed to connect people. It is provided on an “as-is” and “as-delivered” basis and all warranties of fitness and merchantability are excluded to the maximum extent possible at law. Coucou does not warrant that the Coucou Service will be constantly available, uninterrupted, secure, or error-free, or that it will be compatible with any technology.
Users and Safe People acknowledge and agree that:
(a) the Coucou Service has not been prepared to meet Users’ or Safe Persons’ individual needs;
(b) it is the User’s or Safe Persons’ obligation to ensure the Coucou Service is suitable for the Users’ or Safe Persons’ needs; and
(c) Coucou may add to, remove, or alter the functionality of the Coucou Service at any time in its discretion.
Coucou does not provide medical advice and does not review the data entered into the Coucou Service. Users and Safe People use the Coucou Service at their own risk. Users should discuss the suitability of the Coucou Service with their medical practitioner or mental health professional. Coucou disclaims any liability in connection with the User’s and Safe Persons’ use of the Coucou Service to the maximum extent possible at law.
3 Registration by Users
All Users must register to access the Coucou Service.
When a User registers and activates its account, it will provide Coucou with personal information such as the User’s name, email address, telephone number, sex, and date of birth. Users must ensure that this information is accurate and current.
Each User expressly consents to Coucou collecting the User’s personal information (including sensitive health information)
Coucou will handle all personal information it collects in accordance with its Privacy Policy.
When a User registers and activates its account, Coucou will provide a one time password, which the user changes to suit. Users are responsible for keeping password secure and are responsible for all use and activity carried out via their account.
To create an account, the User must:
(a) be at least 18 years of age. Any User aged under 18 must obtain the express consent of their parent or guardian before they create an account;
(b) possess the legal right and ability to enter into a legally binding agreement with us;
(c) agree and warrant to use the Coucou Service in accordance with these Terms; and
(d) nominate at least three Safe People.
For the avoidance of doubt, the User’s account will not become active until at least three Safe People have accepted the role as Safe Person in respect of that User, and Users will not be charged until that occurs. If at any time a User has fewer than three Safe People that User’s access to the Coucou Service will be suspended until such time as the User has not less than three Safe People.
4 Nomination of Safe People and provision of Key Holder Contact Details
4.1 Nomination of Safe People
Users must nominate at least three Safe People. At least one of the Users’ Safe People must be over the age of 18.
Users must seek the consent of each Safe Person before they provide Coucou with that Safe Person’s contact details. Users can nominate a Safe Person by selecting the Safe Person’s phone number from their phone into the Safe People section of the Coucou App. Once the details have been received a text message will be sent to the Safe Person notifying them that they have been nominated and inviting them to create an account in Coucou should they accept the role. The message to the Safe Person will contain a link to the Website enabling them to create an account in Coucou.
Safe People must agree to take on their role and create an account in Coucou prior to assuming any obligations in respect of a User.
4.2 Provision of Key Holder Contact Details
Users may also elect to provide Coucou with details of the User’s place of residence and contact details of a person or entity (such as a real estate agency) that holds a key enabling the access to that place of residence.
Users should obtain the consent of the relevant person or entity prior to providing the contact details of that person or entity to Coucou. The person or relevant entity should be made aware that the contact details will be made available to the User’s Safe People if the events set out in clause 6.1 below occur, and must obtain the consent of the relevant person or entity to such disclosure. Users acknowledge that an email will be sent to the relevant person or entity and the relevant person or entity may decline to allow Coucou to hold the person’s or entity’s details for this purpose.
5 Coucou Notifications
5.1 Coucous
The Coucou Service involves the sending of regular prompts to Users. These consist of a “Morning Coucou” and an “Afternoon Coucou”. Users will receive Morning Coucous, Afternoon Coucous, or both, depending on the Coucou Plan selected by the User from time to time.
Coucous are sent as push notifications within the Coucou App. Users must allow push notifications to be sent by the Coucou App in order for the Coucou functionality to operate properly. Coucou will not have any liability to Users or to any other person in the event that a User does not allow push notifications from the Coucou App.
5.2 Morning Coucous
Users who are eligible to receive a Morning Coucou will receive the Morning Coucou at the time nominated by the User in the Coucou App.
The purpose of the Morning Coucou is to ensure that the User is awake .
The Morning Coucou will consist of a push notification in the Coucou App. Users must respond to the Morning Coucou by accessing the Coucou App and clicking the “Good Morning Coucou” button.
Users acknowledge that if they do not respond to the Morning Coucou within one hour they will receive a further push notification. If the User does not respond for a further hour they will receive a further push notification. If the User does not respond within the next 30 minutes (that is, 2 and a half hours from receipt of the Morning Coucou) a User Concern Notification will be sent to that User’s Safe People.
5.3 Afternoon Coucous
Users who are eligible to receive an Afternoon Coucou will receive the Afternoon Coucou at the time nominated by the User in the Coucou App.
The purpose of the Afternoon Coucou is to prompt the User to consider and rate their mood.
The Afternoon Coucou will consist of a push notification in the Coucou App asking the User to nominate how they are feeling from a selection of moods.
Users must respond to the Afternoon Cocou by accessing the Coucou App and selecting a mood from those displayed.
Users may elect to dismiss the Afternoon Coucou by using the Ignore button. Users may dismiss the Afternoon Coucou an unlimited number of times in their discretion.
Users acknowledge that if they select a “Lonely” or “Black Hole” mood or the “SOS” button their Safe People will receive a User Concern Notification.
5.4 Immediate Safe Person Notification
If a User wishes for a User Concern Notification to be sent to that User’s Safe People the User can access the Coucou App and select the “SOS” button at any time. The User will be asked to confirm that they wish for a User Concern Notification to be sent to the User’s Safe People. If the User confirms the request then a User Concern Notification will be sent to the User’s Safe People.
6 Registration and Resignation of Safe People
6.1 Safe Person Registration
All Safe People must register to access the Coucou Service.
When a Safe Person registers and activates its account, it will provide Coucou with personal information such as the Safe Person’s name, email address, age, and telephone number. Safe People must ensure that this information is accurate and current.
Each Safe Person expressly consents to Coucou collecting the Safe Person’s personal information.
Coucou will handle all personal information it collects in accordance with its Privacy Policy.
When a Safe Person registers and activates its account, Coucou will provide the Safe Person with a one time password which the safe person must then change via the Coucou Service. Safe People are responsible for keeping this password secure and are responsible for all use and activity carried out via their account.
To create an account, the Safe Person must:
(a) be at least 18 years of age. Any Safe Person aged under 18 must obtain the express consent of their parent or guardian before they agree to their obligations as a Safe Person;
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the Coucou Service in accordance with these Terms.
6.2 Safe Person Resignation
A Safe Person may resign from their role as Safe Person in respect of any individual User at any time upon 7 days notice. To resign from their role as Safe Person the Safe Person must log into their account in the Coucou Service and select the “Opt Out” option next to the relevant User on the Safe Person’s dashboard.
A Safe Person’s account will be closed if they are not an active Safe Person in respect of a User for a period of 7 days.
7 User Concern Notifications and Safe Person Obligations
7.1 User Concern Notifications
A User’s Safe People will receive a text message from Coucou in the event that:
(a) a User does not respond to their Morning Coucou and follow-up notifications in accordance with Clause 5.2 above;
(b) a User logs a “Lonely” or “Black Hole” mood in response to their Afternoon Coucou; or
(c) a User activates the “SOS” button,
a “User Concern Notification”.
Users expressly consent to Coucou sending a User Concern Notification to that User’s Safe People if any of the events set out above occurs.
If any of the above events occurs all of the User’s Safe People will receive a User Concern Notification. Safe People expressly consent to the receipt of User Concern Notifications if any of the above events occur.
7.2 Safe Person obligations
Each Safe Person agrees that upon receipt of a User Concern Notification the Safe Person will use all reasonable efforts to contact the User as soon as is reasonably practicable for the purposes of determining the welfare of the User. Each Safe Person acknowledges that it is the Safe Person’s sole obligation to contact the User, and that Coucou has no obligation to contact a User or to facilitate the contact with a User by a Safe Person.
7.3 Access to Safe Person and Key Holder Contact Details
When the Coucou Service sends a User Concern Notification each Safe Person is automatically provided with access to the contact details of each other Safe Person in respect of the relevant User, along with any Key Holder Contact Details held by Coucou. Each Safe Person consents to the disclosure of their contact details to other Safe People of a User in the event of delivery of a User Concern Notification in respect of that User.
A Safe Person can access the contact details of the other Safe People and the Key Holder Contact Details by logging into the Safe Person’s Coucou account.. Relevant details will be displayed on the Safe Person’s Coucou dashboard.
Access to the contact details of other Safe People and to the Key Holder Contact Details remains available for a period of 12 hours from the time at which the User Concern Notification is sent.
8 Use of the Coucou Service
8.1 Grant of Right to Use
Subject to compliance with these Terms and to payment of any applicable Service Fees, Coucou grants each User and each Safe Person the personal, non-exclusive, non-transferable, non-sub-licenseable right to access and use the Coucou Service for the duration of the Term. The User must not allow any other person to access or use the Coucou Service.
Safe People acknowledge that their access to functionality of the Coucou Service is limited to the functionality specified in these Terms.
8.2 Prohibited Activity
Users and Safe People must not:
(a) commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(b) attempt to undermine the security or integrity of Coucou’s systems or networks or, where a service is hosted or provided by a third party, that third party’s system or network;
(c) make any use of the Coucou Service which is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another’s privacy or constitutes a breach of any other of the legal rights of individuals (including with respect of the Spam Act);
(d) use, or misuse, the Coucou Service in any way which may impair the functionality of the Coucou App or the Coucou Service, or any other network or system used to deliver the Coucou App or Service;
(e) attempt to gain unauthorised access to any materials other than those to which the User or Safe Person has been given express permission to access;
(f) transmit or input into the Coucou Service:
(i) any files that may damage the Coucou App, the Coucou Service, or any other person’s computing device or software; or
(ii) any illegal or offensive content or content that otherwise infringes any law or regulation; or
(g) attempt to modify, copy, adapt, reproduce, disassemble, decompile, create derivative works from, or reverse engineer any computer programs used to deliver the Coucou App, or any other element of the Coucou Service or Coucou’s systems.
8.3 Passwords to be kept secure
Users and Safe People must ensure that Coucou Service passwords are kept secure and confidential. Users must immediately notify Coucou of any unauthorised use of a password or any other breach of security.
8.4 Disclosure Obligations
Users and Safe People may disclose the personal information of third parties to Coucou in connection with their use of the Coucou Service. Users and Safe People must ensure that they have obtained the consent of the relevant third party individual prior to disclosing that individual’s personal information to Coucou.
8.5 Use of Information
Users and Safe People must only use information obtained via the Coucou Service for the purpose of contacting and/or ensuring the safety of Users.
9 Fees and Payment
9.1 Coucou Plans
Coucou offers various levels of functionality and engagement via the Coucou Service. When Users sign up they can choose from a number of plans with varied functionality and engagement (each a “Coucou Plan”). The cost of the use of the Coucou Service is dependent upon the Coucou Plan that is selected by the User.
Users can elect to change their Coucou Plan at any time on the Change Plan menu page. Changes to Coucou Plans come into effect within at the commencement of the next billing cycle.
9.2 Fees
All fees are payable monthly in advance. Fees are non-refundable other than under Clause 11.3.
9.3 Payment
Coucou uses PayPal to process payments. Payment can be made by any form of credit card accepted by PayPal. Payments will be deducted from the User’s nominated credit card monthly in advance.
9.4 GST
All fees are inclusive of GST.
10 Support
10.1 Health Support Disclaimer
For the avoidance of doubt, Coucou does not provide any form of health advice, including but not limited to mental health advice, counselling, or support. Users should consent their relevant health professionals if they require any health advice.
10.2 Technical Issues
In the case of technical or other availability issues with the Coucou Service you must make all reasonable efforts to investigate and diagnose such issues prior to contacting Coucou. If you require additional support you can contact Coucou at [email protected]
10.3 Service Availability
Coucou may, on occasion, make the Coucou Service, the Coucou App, or other elements of the Coucou system unavailable for the purposes of performing maintenance or development. Cocou will use reasonable endeavours to publish details of such maintenance or development on the Website, and will use reasonable endeavours to ensure that such maintenance or development is conducted during time periods that minimise disruption of the Coucou Service to you. You acknowledge that Coucou may be required to perform urgent maintenance or development at any time and under such circumstances Coucou may make the Coucou Service, the Coucou App, or any other element of the Coucou system unavailable without notice for the purposes of performing such urgent maintenance or development.
11 Term and Termination
11.1 Term
The Term commences upon a User registering an account and concludes on the date of termination as set out in this Clause 7.
11.2 Termination by Users
A User may terminate this Agreement at any time by deleting their account using the functionality of the Coucou Service or by sending an email to [email protected]
11.3 Termination by Safe People
A Safe Person may terminate this Agreement at any time on 7 days notice by using the functionality of the Coucou Service or by sending an email to [email protected] Where a Safe Person terminates this Agreement all Users for whom that person is a Safe Person will be notified. Safe People acknowledge that the 7 day notice period is reasonable as it provides relevant Users with sufficient time to nominate replacement Safe People.
11.4 Termination for convenience by Coucou
Coucou may terminate this Agreement at any time on written notice to a User, however where this Agreement is terminated without cause Coucou will use reasonable efforts to provide the User with not less than 30 days notice of such termination. If Coucou terminates this Agreement in accordance with this paragraph Coucou will refund any Fees paid to Coucou by Users on a pro-rated basis.
11.5 Termination for Breach
If a User or Safe Person:
(a) breaches any term of this Agreement that is not capable of remedy;
(b) breaches any term of this Agreement that is capable of remedy and does not remedy that breach within 7 days of receiving notice of the breach from Coucou; or
(c) becomes insolvent or bankrupt, or goes into liquidation, or has a receiver or manager appointed to any of its assets, or makes any arrangement with its creditors,
then Coucou may, in its discretion, do any one or more of the following:
(d) terminate this Agreement and the User’s or Safe Person’s access to the Coucou Service;
(e) suspend the User’s or Safe Person’s use of the Coucou Service; or
(f) suspend or terminate the User’s or Safe Person’s access to any data or other information held by Coucou (other than where access is required to be given by law).
11.6 Accrued Rights
Termination of this Agreement is without prejudice to any rights or obligations of the parties accrued up to and including the date of termination. On termination of this Agreement:
(a) Users remain liable for all accrued charges and amounts payable as of the date of termination; and
(b) the User’s or Safe Person’s right to access and use the Coucou Service ceases immediately upon termination of this Agreement for any reason.
12 Indemnity
Each User and each Safe Person indemnifies Coucou from and against all claims, costs, damage, loss, liability, and expense arising from any breach of this Agreement by the User or Safe Person.
13 Intellectual property rights
Unless otherwise indicated, Coucou owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Coucou Service, the Coucou App, the other elements of the Coucou systems, and in all of the material (including all text, graphics, and logos) made available on the Coucou Service, the Coucou App and the Coucou system (Content).
Users’ and Safe Persons’ use of the Coucou Service and use of and access to any Content does not grant or transfer any rights, title or interest to Users or Safe People in relation to the Coucou Service, the Coucou App, the Coucou system, or the Content. However Coucou grants the User or Safe Person (as applicable) the right to access the Coucou Service and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by Coucou and/or its third party licensors.
Any reproduction or redistribution of the Coucou Service, the Coucou App, other elements of the Coucou system, or the Content is prohibited and may result in civil and criminal penalties.
All other use, copying, reproduction, or reverse engineering of the Coucou Service, the Coucou App, the Coucou system, and the Content or any part of it is prohibited, except to the extent permitted by law.
14 Confidentiality
Each party will preserve the confidentiality of all Confidential Information of the other party obtained in connection with this Agreement. Neither party will disclose any Confidential Information of the other party other than where the other party has given its prior written permission or where the Confidential Information must be disclosed by law.
“Confidential Information” means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by the User or Coucou or which is otherwise learned or accessed by the User or Coucou as a result of entering into this Agreement.
15 Data
Coucou is the owner of all data and other information entered into the Coucou Service.
All individuals whose personal information is held by Coucou may access and correct records held by Coucou in accordance with the terms of the Coucou Privacy Policy and otherwise in accordance with applicable law. Coucou may require that you prove your identity prior to you being given access to any records.
Upon termination of this Agreement for any reason Coucou may retain User or Safe Person data as required by law or the terms of any relevant insurance policy. Any User or Safe Person data no longer required by Coucou for the provision of services or required to be retained under this provision will be deleted.
Users and Safe People consent to the deidentification of data and other information provided under this Agreement and the use of such data by Coucou for any purpose.
16 Limitation of Liability
16.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall Coucou be liable for any direct or indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a User’s or Safe Person’s use of the Coucou Service, the Coucou App, or as a result of the inaccessibility of the Coucou Service, the Coucou App, and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
16.2 Other than as set out in Clause 13.3 below, to the extent that Coucou has any liability to a User or Safe Person, Coucou’s total aggregate liability to that User or Safe Person in connection with any breach of this Agreement by Coucou will be limited to the total amount paid to Coucou by the User or Safe Person under this Agreement.
16.3 To the extent that the Coucou Service or the Coucou App is in breach of any statutory warranty or guarantee that cannot be excluded by law the sole remedy of the User or Safe Person will be (at Coucou’s sole discretion):
(a) the resupply of the Coucou Service (or any other services delivered via the Coucou App) to the User or Safe Person; or
(b) the payment of the cost of having the services supplied to the User or Safe Person again.
16.4 If a User or Safe Person is not satisfied with the Coucou Service or Coucou App, the User’s or Safe Person’s sole remedy is to cease using the Coucou Service and to terminate this Agreement in accordance with Clause 7.
17 General
17.1 Entire Agreement
These Terms of Use, together with the Privacy Policy, and the terms of any other notices or instructions given to Users or Safe People under these Terms of Use supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the User or Safe Person (as applicable) and Coucou relating to the use of the Coucou Service, the Coucou App, and the other matters dealt with in these Terms of Use.
To the extent of any inconsistency between these Terms of Use and any other terms, these Terms of Use will prevail.
17.2 No Assignment
A User or Safe Person may not assign or transfer any rights under this Agreement to any third party without Coucou’s prior written consent.
17.3 Severability
If any part of provision of these Terms of Use is invalid, unenforceable, or in conflict with any law, that part or provision is excised from this Agreement and the remainder of the Agreement will be unaffected.
18 Jurisdiction and governing law
Your use of the Coucou Service, the Coucou App, and these Terms are governed by the law of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
Website Terms of Use
1 Accuracy, completeness and timeliness of information
The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
2 Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
3 Linked sites
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
4 Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
5 No commercial use
This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website.
6 Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
(d) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(e) using this website to defame or libel us, our employees or other individuals;
(f) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(g) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
7 Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
8 Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
9 Jurisdiction and governing law
Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
Last Updated: 23 March 2021