GreenX7

Terms & Conditions

END USER LICENCE AGREEMENT [EULA]

In this document, unless the contrary intention appears:

Agents

includes all Our directors, officers, members, investors, managers, employees and agents.

Business Day

means any day that banks are open for general banking in the capital city of the Governing Jurisdiction.

Confidential Information

means:

(a) all information of or used by the party, relating to their transactions, operations and affairs;

(b) all other information treated by the party as confidential, including Confidential Information and information regarding the production of Intellectual Property;

(c) all notes, data, reports and other records (whether or not in tangible form) based on, incorporating or derived from information referred to in paragraph (a) or (b); and

(d) all copies (whether or not in tangible form) of the information, notes, reports and records referred to in paragraphs (a), (b) or (c),

that is not Public Knowledge (otherwise than as a result of a breach of a confidentiality obligation of a party).

Equipment

means the equipment which is used to access the Products including but not limited to computers, smart phones and tablets.

EULA

means this document as amended from time to time.

Governmental Agency

means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity.

Governing Jurisdiction

means New South Wales, Australia.

Indemnify

means indemnify from and against all loss, costs, damages and expenses incurred by the party being indemnified or for which the party being indemnified may be or become liable, as a direct or indirect result of the matter for which the indemnity is given, including:

(a) all loss, costs, damages and expenses resulting from the enforcement or attempted enforcement, preservation or attempted preservation of the rights of the party being indemnified; and

(b) legal costs and expenses on a full indemnity basis.

Intellectual Property

means any intellectual industrial or commercial property, including:

(a) any patent, trade mark, service mark or design;

(b) any copyright;

(d) any business, trade or commercial name or designation, brand name, logo, symbol, source indication or origin appellation;

(e) any Confidential Information;

(f) any other industrial, commercial, agricultural or extractive right derived from intellectual knowledge or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural product or otherwise;

(g) any legal action relating to any previous item;

(h) any licence or other right to use or grant the user, or to become the registered proprietor or user of, any previous item; and

(i) any agreement of title, letters patent, deed of grant or other agreement or agreement relating to any previous item,

(j) whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description.

LPR

has the same meaning as ‘legal personal representative’ in Tax Law.

Member

means a registered user of the Products.

Personal Information

includes the meaning given to that term under Privacy Law.

Power

means any right, authority, discretion or remedy conferred on a person by this document or any applicable law.

Privacy Law

means the Privacy Act 1988 (Cth).

Products

means the content, products or services [as updated from time-to-time at Our sole discretion] and made available by Us through various delivery methods.

Public Knowledge

means any information which is in the public domain prior to the date of this document.

Tax Law

means as relevant, the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth).

Us, We, Our, GreenX7

means GreenX7 Pty Ltd ACN 617 009 355, a proprietary company established in Australia, and includes successors and assigns.

You

means the user of the Products.

1 BEFORE PROCEEDING

1.1 Read the terms

(a) You must carefully read the terms of this EULA before ordering any Products [through any medium including but not limited to, our website, an app or app store [including third party providers of the Products].

(b) By ordering or otherwise using the Products, You accept and agree to be bound by the terms of this EULA.

1.2 Clicking 'I Accept'

(a) When ordering or otherwise using the Products, You may be asked to click “I accept” [or similar] at various points in time prior to Your purchase of or access to the Products.

(b) Where You do not click “I accept” [or similar], You may not be able to complete such purchase or gain such access.

1.3 Your promise to Us

(a) In using the Products, You warrant to use that:

You have the legal capacity to enter into contracts of a binding nature;
any and all information You submit to Us [including Personal Information] is truthful and accurate [and You will maintain the accuracy of such information]; and
Your use of the Products does not violate any applicable law or Governmental Authority.

1.4 Contact

(a) If You have any questions or concerns about the Products or this EULA, please contact us on the below contact details:

GreenX7 - PO BOX 1257 Kingscliff, NSW, Australia 2487 - info@greenx7.com

2 AGREEMENT

2.1 Variations

(a) We reserve the right to vary or otherwise change:

the terms of this EULA
our policies, practices or other methods in delivering the Products, at any time.

(b) Where we vary or otherwise change anything in accordance with this EULA, we will provide You with the updated EULA. You acknowledge we may do this by posting the EULA on our website, an app, an app store or any other publicly accessible location, and we are not required to specifically notify You.

2.2 Consumer communities

(a) You acknowledge that consumer communities [including but not limited to corporations, universities, hospitals, etc.] may supplement this EULA with their own terms and conditions. Such terms will also apply to Your use of the Products.

(b) In the event there is a conflict, the terms of this EULA prevail over any additional terms and conditions.

2.3 Scope of licence

(a) Subject to the terms of this EULA, We grant You a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.

(b) All right, title and ownership in the Products remain with Us or Our licensors, as applicable.

(d) We may revoke this licence at any time without notice.

2.4 Collection of personal information

(a) In purchasing or otherwise using the Products, You consent to the use, processing and storage of Your Personal Information for any purpose we reasonably require including for the purposes of processing payment, recording and monitoring use of the Products, and for disclosing Your Personal Information to our partners including in relation to consumer communities.

(b) You acknowledge and accept that Your Personal Information may not have same protections in the Governing Jurisdiction as in Your country of residence.

2.5 Indemnity

(a) You agree to Indemnify and keep Us and all our Agents harmless for anything arising in any way from:

Your use of the Products;
Your provision, transfer or transmission of any information [inlcuding Personal Information] through the Products;
Your breach or violation of the law or of this EULA.

(b) We reserve the right to assume the exclusive defense and control of any matter otherwise subject to the Indemnity provided by You. In such circumstances You agree to cooperate with Us in relation to such claim.

3 MEMBERSHIP

3.1 Joining as a Member

(a) Members may have access to certain sections, features and functions of the Products [that are not available to non-members].

(b) To become a Member, You must provide us with Your email address and create a password through the Products and comply with any other directions we give.

the accuracy of Your Personal Information [and will will continue to keep it up to date; and
the confidentiality and security of Your Member details and for restricting access to Your Equipment.

(d) Any Personal Information provided by You to or otherwise collected by Us will be handled in accordance with Our Privacy Policy.

3.2 Minors

(a) If you are not 18 years of age [or the age of majority in Your country of residence], You must have the consent and supervision of a parent or legal guardian to use the Products.

3.3 Marketing materials

(a) In joining as a Member, You agree to receive marketing and promotional materials, including but not limited to special offers, surveys and Product based communication emails.

(b) To unsubscribe from such materials, You will need to follow the instructions provided by Us [that will generally be set out in the marketing and promotional materials].

3.4 Cancellation by Us

(a) We may suspend or terminate Your use of the Products for any reason and at any time. Such termination or suspension may be immediate and without notice.

4 PRODUCT USE

4.1 Contact us

(a) If at any time You have any questions or concerns regarding the Products, please contact Us.

4.2 Minimum Requirements

(a) Your Equipment must satisfy certain system requirements in order to use the Products. These requirements can be found on our website, an app or app store [including third party providers of the Products].

4.3 Disclaimers

(a) The Products and any information contained within them is for general information purposes only and must not be treated as specific to You.

(b) We make no representations or warranties of any kind [either express or implied] regarding the accuracy, reliability, suitability, completeness, or availability in relation to the Products or the information contained on the Products for any purpose whatsoever.

(c) You assume any and all risk for any reliance You place on such information. We are not liable or responsible for any consequences of Your having relied on these materials as You assume full responsibility for Your decisions and actions.

(d) We provide information that relates to and records health statistics and related information. We are not a medical practitioner, health care or medical device provider. Subsequently the Products must at no stage be considered medical advice, treatment or similar. You must consult Your usual medical practitioner about any concerns You have regarding Your health. In particular, people with existing health conditions must speak with their health care providers before starting or changing any health practice.

4.4 Availability of Products

(a) It is our goal to offer You the best service possible, however we make no promise that the Products will meet Your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to Us.

(b) Maintenance or the introduction of new facilities or Products may occasionally interrupt or interfere with Your access to the Products. We will not be liable to You if the Products are unavailable for any period of time.

4.5 Maintenance and Support

(a) We are responsible for providing any maintenance and support services with respect to the Products. The frequency, content and process for maintenance and support service are to be determined by Us from time to time.

(b) Third party providers [such as Apple] have no obligation whatsoever to furnish any maintenance and support services with respect to the Products.

4.6 Warranty

(a) The Products are provided on an 'as is' basis. We give no warranties [either expressed or implied], and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

(b) We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products.

(c) We make no warranties or representations that Your use of content and information posted on the Products will not infringe rights of third parties.

(d) All conditions, warranties and other terms which might otherwise be implied by Governmental Authority, statute, common law or the law of equity are, to the extent permitted by law, excluded.

4.7 Limited Liability

(a) Our liability is limited to the purchase price of the Products [if any]. In addition, we will not be liable for any of the following, [except to the extent permitted by law]:

Any use of websites linked to the Products but operated by third parties;
loss or damage of any kind caused by viruses or other malicious software infecting Your Equipment, software, or other property as a result of You accessing, using or downloading from the Products, or from contact with Us;
faulty or imperfect operation of Equipment or the Products during the transmission of any data, including but not limited to interrupted or delayed data transmission and damage to information provided to Us;
any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Products; or
lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if such person has been advised of the possibility of such damages.

4.8 Prohibited Use

(a) You will not transfer or otherwise transmit in any manner any materials that can corrupt, interfere with, interrupt or otherwise cause damage to the Products or any Equipment or software used with the Products including but not limited to the servers or networks underlying or connected to the Products.

(b) You must not access the Products in an unauthorised manner or for scientific research, analysis or evaluation of the Products [or similar] without the express written consent of Us.

misrepresent Yourself as another person; or
behave in an offensive or immoral manner or otherwise engage in any illegal, immoral or harmful activity.

(d) You acknowledge that acting in breach of the previous clause may make You liable for criminal or other offences in the Governing Jurisdiction or Your country of residence. We may report to any relevant Governmental Authority [and co-operate with said parties] in relation to any breach of the relevant law by You, including providing them with Your Personal Information.

4.9 Intellectual Property

(a) All Intellectual Property contained or used in the Products belongs to Us unless indicated otherwise.

(b) You agree and acknowledge to the limited license for use of such materials [as set out in this EULA] and that no property in or rights to Our Intellectual Property transfers to You at any time.

(c) You agree that third party providers may have property in or rights to Intellectual Property contained in the materials or Products and acknowledge that they have the right to enforce the clauses of this EULA relevant to their Intellectual Property.

(d) Any content created from or in relation to the Products not explicitly indicated as downloadable may not be downloaded or copied by You in any way.

(e) You must not use any part of Our Intellectual Property for commercial purposes without obtaining a written license to do so from us.

(f) A limited amount of content may be marked and authorised for Members to share in their personal social media channels. Such content:

is granted to You with a limited right to download, reproduce and distribute such content over the internet in accordance with the terms of this EULA;
can only modified by You in a manner that as required to technically enable the display and distribution of such content, provided such modification does not materially alter the substance or quality of such content;
may also be subject to other terms and conditions that are set forth in the description of such content in the Products;
must not be published by You with other content that is known by You to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, immoral, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

(g) If You make other use of Our Intellectual Property, the Products or related materials, except as otherwise provided in this EULA, You may violate copyright and other relevant intellectual property laws. We will enforce our Intellectual Property rights to the fullest extent of the law, including the seeking of criminal prosecution, where permitted under law.

4.10 Linked Materials

(a) Any access to other websites or services that we provide links to is at Your sole discretion and for Your information only.

(b) Our provision of links to other websites or services is not an endorsement of any of those websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

legally and with our consent;
must comply with the standards or directions set by us;
in a manner that does not damage our reputation or take advantage of it; and
does not suggest any form of association, partnership, approval or endorsement on our part where none exists.

(d) Our consent to You providing links to our Products may be withdrawn at any time with notice.

4.11 Copyright

(a) We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, You may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

(b) If You feel that a posted message is objectionable or infringing, we encourage You to contact us immediately.

5 GENERAL

5.1 Interpretation

(a) In this document, if any provision of this document is ambiguous, it is to be interpreted broadly to widen and not restrict the provisions, and, unless the context otherwise requires:

headings and boldings are for convenience only and do not affect the interpretation of this document;
words importing the singular include the plural and vice versa;
words importing a gender include any gender and neutral gender;
other parts of speech and grammatical forms of a word or phrase defined in this document have a corresponding meaning;
an expression importing a natural person includes any company or form of corporation, trust or trustee, partnership, joint venture, association, unincorporated body, Governmental Agency or any other entity, regardless of whether it is considered a separate legal entity;
a reference to ‘month’ means a calendar month;
any reference to ‘dollars’ or ‘$’ refers to the lawful currency of the Commonwealth of Australia;
a reference to any thing (including, but not limited to, any right) includes a part of that thing but nothing in this clause implies that performance of part of an obligation constitutes performance of the obligation;
a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this document and a reference to this document includes a reference to the background and any annexure, exhibit and schedule;
a reference to a statute, regulation, proclamation, ordinance, law or by law includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute;
a reference to a document includes all amendments, variations or supplements to, replacements or novations of, that document;
a reference to a party to a document includes that party’s successors, LPR and permitted assigns;
a reference to an agreement other than this document includes any encumbrance, guarantee, undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;
a reference to an asset includes all property of any nature, as well as a business, and all rights, revenues and benefits;
a reference to a document includes an agreement in writing, or any certificate, notice, instrument or other document of any kind; and
a reference to writing includes typing, copying, printing, facsimile, and any other manner of representing words, symbols, drawings, figures or diagrams in electronically or in a manner that is visible and tangible.

5.2 Notice

(a) A notice or other communication is deemed to be received:

for personal delivery, on the date of delivery;
for transmission by email if it can be proven that the transmission was completed before 5.00pm on a Business Day, then the date of the transmission, and alternatively, on the next Business Day. For clarity, service by email is only effective if and when required, it can be proven that it was sent in full and without error and the message was not rejected or undeliverable as evidenced by a message to that effect received by the sender;
for posted letters, on the second Business Day after posting where sent by Australia Post’s ‘express post’ service and if not, then 5 Business Days after posting;
for overnight courier, on the next Business Day after dispatch with that courier; or
in the case of facsimile transmission, at the time recorded on the transmission report from the machine from which the facsimile was sent.

5.3 Governing law and jurisdiction

(a) This document is governed by the laws of the Governing Jurisdiction.

5.4 Further assurance

(a) Each party must perform any action necessary to give full effect to this document, whether before or after performance of this document.

5.5 Time Is of The Essence

(a) Time is of the essence. This means that each party must perform or comply with the obligations imposed on it strictly on time.

5.6 Assignment

(a) You may only assign this document or a right or novate any obligation under this document with the written consent of Us.

(b) We may assign any right or novate any obligation under this document at any time.

5.7 Enforceability, prohibition and severance

(a) Any provision of, or the application of any provision of, this document or any Power which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

(b) Any provision of, or the application of any provision of, this document which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

5.8 Waivers

(a) Any failure by any party to exercise any right under this document does not operate as a waiver and the single or partial exercise of any right by that party does not preclude any other or further exercise of that or any other right by that party.

4.9 Remedies

(a) The rights of a party under this document are cumulative and not exclusive of any rights provided by law.

5.10 Relationship of parties

(a) Except as otherwise specifically provided by this document:

nothing in this document creates a joint venture, partnership, or the relationship of principal and agent, or employee and employer between the parties; and
no party has the authority to bind any other party by any representation, declaration or admission, or to make any contract or commitment on behalf of any other party or to pledge any other party’s credit.

Recharge your inbox!

Stay looped into our thinking. Articles, insights & workplace wellness ideas.