Our Children Australia Pty Ltd ACN 159 535 903 (OCA) operates the OCA Website under licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust and provides access to End Users on the terms and conditions contained in this End User Licence Agreement (EULA).
The End User would like to use the Improving Your Relationships Program (IYR) accessed on the Website.
1. Definitions and interpretation
1.1 Defined terms
Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of the Broadcasting Services Act 1992 (Cth).
Child or Children means a person or persons under the age of eighteen (18) years old about who the Parties upload Content about to the OCA Website.
Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
Documentation means any user manual, guides, explanatory notes or memoranda that may or may not be supplied with the Program provided by OCA as updated from time to time.
End User means a Party that purchases a any program, goods, audio or video content from OCApursuant to the terms and conditions of this End User Licence Agreement.
EULA means End User License Agreement.
Force Majeure means an unforeseen event beyond the control of the affected party, including an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, hacking, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, ransomware or other malicious code.
Insolvency Event means circumstances in which a Party takes any corporate action, or any steps are taken or legal proceedings are started for:
- its winding-up, dissolution, or liquidation;
- the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it; or
- seeking or being granted protection from its creditors, under any applicable legislation.
Intellectual Property (IP) means all industrial and intellectual property rights including, without limitation, patents, copyright, trade marks, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).
Non-Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded
Payment Fee means the amount of money paid by an End User in exchange for the right to use the IYR program or receive any goods or services from OCA.
Party means a person that has agreed to be bound by the terms and conditions contained in this End User Licence Agreement who is granted permission to access the Content.
Personal Information includes Submitted Material and information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Program means IYRl available on the Website used by End Users.
Term means the duration of six (6) months from the date the End User as provided their payment fee.
Upgrades means any modifications, new or revised versions of the source code which the Program requires to operate more efficiently or effectively, as determined by OCA in its sole discretion.
Website means the Program operated under licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust located at the URL www.familylawservices.online/relationships, which the End User obtains a right to use.
Works means the source code embedded in the software that contains all algorithms, source code, and system logic relating to the Program that is subject to this End User Licence and Hosting Agreement which OCA operates under licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust.
- one (1) gender includes the others;
- the singular includes the plural and the plural includes the singular;
- a person includes a body corporate;
- a Party includes the Party's executors, administrators, successors and permitted assigns;
- to an amount of money, to $, $A or dollar is a reference to the currency of Australia;
- a statute, regulation or provision of a statute or regulation (a Statutory Provision) includes:
- that Statutory Provision as amended or re-enacted from time to time; and
- a statute, regulation or provision enacted in replacement of that Statutory Provision;
- including and similar expressions are not words of limitation;
- where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
- headings and the table of Contents are for convenience only and do not form part of this Agreement or affect its interpretation; and
- a provision of this Agreement must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.
2. Licence and payment
2.1 Grant of Licence
OCA grants the End User a non-exclusive, limited Licence to use the Program for a period of six (6) months only in exchange for the payment of the Payment Fee.
2.4 Payment Fee
End Users agree to pay the Payment Fee to access the Content on the Website for a period of six (6) months only.
2.5 Refund Policy
2.5.1 Voluntary refunds:
(a) If you work through the first module of the Improving Your Relationships Program and are not totally happy with it, then we will refund your money. Improving Your Relationships Program has a 7 day money back guarantee and refund period.
I believe in my courses and your growth, development and results from investing in my programs. This type of progress requires that you follow the course and do the work. You must demonstrate that you have participated in the Course by accessing course content and/or joining the Facebook community before requesting a cancellation of your course membership and refund. We may request the submission of completed worksheets, activities and exercises in considering your refund request. A change of mind does not constitute a valid reason for cancellation and request for refund. In considering your refund we may also charge an admin fee at our discretion.
Requests for refunds must be made in writing via this form within the defined refund period as listed above in section 2.5.1 (a).
(b) If you receive your money back you must delete every copy of the product and materials that you have downloaded as well as copies you have placed on other devices or media.
(c) being removed or banned from the Facebook group does not entitle you to a refund of your Improving Your Relationships Program enrolment fee.
2.5.2 You may be entitled to a refund as a result of your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
2.5.3 If you are entitled to a refund, we will refund your money within two weeks of notice to us and the entitlement arising.
2.5.4 If you are required to return any goods, you are liable for the cost of returning those goods unless the cost is significant.
2.5.5 Your refund will be paid in the currency in which it was received by us. If you paid in a currency other than Australian dollars, you may be liable for the costs of exchange.
.2.6 Specific prohibitions on use
End Users agree that they must not:
- use the Program for any purpose or in any manner other than as set out in clause 2.1 and 2.2;
- use the Program in any way that could damage the reputation of OCA or the goodwill or other rights enjoyed by OCA;
- permit any third Party to obtain access to the Program;
- de-compile, disassemble, decrypt, or otherwise reverse engineer the Program or permit any third Party to do so; or
- copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code associated with any third party licenced software which is incorporated into the Program
3. Use of Account and termination
3.1 Member Account and Password
End Users agree to keep any passwords provided by the Website confidential. Users are expressly prohibited from sharing their username and password with third parties and must take all reasonable steps to keep their passwords secure.
3.2 Termination of End User's Account
- OCA reserves the right to limit, cancel, suspend or terminate an End User's Account by providing seven (7) days' notice to the End User, and without providing a reason, if OCA believes the End User is breaching any of the material terms of this Agreement.
- End Users agree not to hold OCA liable for claims, demands or damages (including actual and consequential) of any kind, for the closing of an End User's account associated with its breach of this EULA.
3.3 Ownership of Intellectual Property
- The Licensor retains all right, title and interest in and to all Intellectual Property in the Works contained in the Program, other than any software incorporated into the Program under licence from a third party.
- End Users acknowledge that they do not acquire any Intellectual Property Rights, either express or implied, in the Program and the Documentation beyond the terms contained in this End User Licence Agreement.
3.4 No obligation to support
Provided that the Program functions and is fit for purpose, OCA has no obligation to provide support, maintenance, upgrades, modifications or new releases of the Program.
4. Warranty disclaimer
- To the fullest extent permissible by law, but subject always to any Non-Excludable Condition, the Program is provided to the End User without any representations or warranties. End Users agree to use them it at their sole risk.
- Subject to the Non-Excludable Conditions, and to the fullest extent permissible by law, the Licensor expressly disclaims all warranties of any kind with respect to the Program and the Documentation, whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade including any warranties or merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title of non-infringement.
4.2 Limitation of liability
- Subject to OCA's compliance with the Non-Excludable Conditions and to the fullest extent permissible by law, OCA is not liable (whether in contract or tort, including negligence) for anything the End User does to a third party as a result of using the Program:
- for any inability to use any third party equipment or access to data;
- for loss or corruption of data regardless, of whether the loss is direct or indirectly caused by use of the Program; and
- for any indirect, incidental, punitive, special, or Consequential Loss or damage whatsoever, in each case, arising out of the use or inability to use the Program or Documentation, even if OCA has been advised of the possibility of such damages or if such damages are foreseeable. Subject to the obligations of OCA under the Non-excludable Conditions, and to the fullest extent permissible by law, in no event will OCA's liability for damages exceed the amounts actually paid by End Users to OCA for the use of the Program.
- To the fullest extent permitted by law, OCA's liability for a breach of a Non-Excludable Condition is limited to:
- the supplying of the services again; or
- payment of the cost of an equivalent Subscription.
- Notwithstanding this clause 4, or anything else contained in this Agreement, neither party's liability for death or personal injury resulting from its own negligence shall be limited.
4.3 Limitation of liability
Subject to any Non-Excludable Condition, any loss or damage which is or may be suffered by an End User in connection with the use of the Program is expressly disclaimed by OCA. OCA limits its liability for breach of a warranty under this Agreement, or for a breach of a condition or warranty it cannot lawfully exclude to the extent permitted by law, and is fair and reasonable for Licensor to do so, to:
- a resupplying the Program; or
- paying the Subscription Fee to the End User for an amount of money equivalent to the Subscription Fee previously paid that month.
End Users indemnify, defend and hold harmless OCA in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with:
- any breach of this Agreement;
- the End Users negligent acts or omissions; and
- use of the Program, including any third party claims made in connection with, or arising out of, the End Users use of the Program and the Content provided by other End Users.
- The End User acknowledges and agrees that Personal Information uploaded to the Website is intended to be kept until all of the End User's Children reach an age of eighteen (18) years old, and this information will be kept for the purposes of operating the Program.
5.2 Consent to the provision of information to third parties
The End User acknowledges that its Personal Information, may be provided to third parties where required in order to operate the Software.
6.1 Termination by OCA
OCA can terminate this Agreement without notice if:
- it no longer has the right to provide the Program to End Users;
- the Licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust, is terminated for any reason;
- the End User commits a breach of any of the material terms and conditions of this Agreement;
- the End User's subscription expires and a request for payment is not met after fourteen (14) days of making such request.
6.2 Termination by End User
The End User is deemed to terminate this Agreement if they fail to maintain the currency of their subscription.
7. Miscellaneous provisions
OCA may assign this Agreement by notifying the End User of the Assignment. The End User cannot assign the terms and conditions contained in this Agreement without the express consent of OCA.
7.2 Entire Agreement
This Agreement contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements or understandings between the Parties.
7.3 Governing law and jurisdiction
This Agreement is governed by the law applicable in the State of Queensland, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of Queensland, Australia.
7.4 Intellectual Property Rights
Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights from the Licensor to the End User.
Part or all of a provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining parts of the provision or provisions of this Agreement continue in force.
The following clauses survive termination of this Agreement clause 2.6, 4, 7.3, 7.4 and 7.6 survive termination of this Agreement.
3.1 Collection of personal information
We collect personal information:
- when You interact with us online, over the phone, by email, in person or through other means of communication; and
- in order to assist You with the provision of services and to provide any related assistance or for other purposes requested through such communication.
The type of personal information We collect includes Your name, address, telephone number, email, details about your family circumstances and any additional information You provide to Us. As is the nature of our service, You or other people you collaborate with on this service may provide us with information about your children, health information, details of legal proceedings and opinions which people hold about You and your family.
Where You contact Us on behalf of Your employer, the information You provide often contains information about Your employment, position and employers contact details. In those circumstances certain employment information is collected.
3.2 Sensitive information
Our Children only collects sensitive information or sensitive personal information, as defined in s 6 of the Privacy Act 1988 (Cth) or in Article 9 of the European Union (EU) General Data Protection Regulations (GDPR) respectively, when it is provided to Us by You or Your Collaborators.
3.3 Device information and cookies
When You visit our websites, We may collect certain information about Your device, including details about Your Web browser, IP address, time zone, and some of the cookies that are installed on Your device. Additionally, as You browse, We collect information about the individual Web pages, the services You use, what Websites or search terms referred You, and information about how You interact with Us online.
We collect device information using the following technologies:
- "Cookies" which are data files placed on Your device or computer which may include an anonymous unique identifier;
- "Log files" which track actions occurring on the website, and collect data including Your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps; and
- "Web beacons", "tags", and "pixels" which are electronic files used to record information about how You browse Websites.
Please note that We do not alter our Websites' data collection and use practices when We see a Do Not Track signal from Your browser.
Through Our use of Google Analytics, the information generated by the cookie about Your use of the website (including Your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating Your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.
5.1 General use
We use personal information collected as part of Our business operations which are primarily associated with assisting families to address family breakdowns, promote positive parenting experiences and improving communication between separated parents. Examples of when Your information may be used include:
- informing You about Our services;
- providing You with the services requested;
- administration needs in relation to providing You with service, including managing Your account;
- dealing with requests, enquiries or complaints and other customer care related activities;
- marketing Our services generally; and
- carrying out any activity in connection with legal, governmental or regulatory requirements imposed on Us or in connection with legal proceedings (including proceedings under the Family Law Act 1975 (Cth) and related legislation), crime or fraud prevention, detection or prosecution.
5.2 Direct marketing
Where You have elected to be included on our mail list or to receive other electronic communications, We may use Your contact details to send You those communications. To opt-out of receiving marketing material, You may contact Us via the details below or select the "unsubscribe" link provided in that communication.
6. Accessing Your information
Upon Your request and after satisfying ourselves of Your identity, We will provide access to the personal information We hold about You except in certain prescribed circumstances. These include, where:
- We believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
- giving You access would be unlawful;
- granting access would have an unreasonable impact on the privacy of other individuals;
- the request for access is frivolous or vexatious; or
- there are anticipated legal proceedings between You and Us.
7. Data integrity
We take reasonable steps to ensure the personal information We collect, use and disclose is accurate, complete and up-to-date. You have a right to correct incorrect information at any time and may do so by contacting Us using the details provided below.
You acknowledge and accept that, as is the nature of our services, where a Collaborator or other person forms an independent opinion about you, we are not obliged to alter that information simply because the opinion held by that other person is inconsistent with your view. Such opinions are not considered personal information, notwithstanding they may be inaccurate.
If You become aware Your information is no longer accurate, complete or up-to-date please contact Us.
8. Sharing information
We may disclose personal information to:
- employees, a related entity and Our professional advisors, such as Our lawyers and accountants;
- Any legal proceeding for which we are presented with a subpoena;
- law enforcement agencies to assist in the investigation and prevention of criminal activities; and
- Our third party contractors or service providers with whom We have a business association, including:
- marketing service providers;
- accounting service providers; and
- information technology service providers including cloud application providers.
Finally, We may also share Your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information We receive, or to otherwise protect Our rights.
9. Offshore transfers
The personal information We collect may be transferred out of the EU and Australia and to countries including the United States where it is processed by third party providers, of cloud-based services, who assist Us to manage promotional material, email, natural language processing and accounting services. Our Children relies solely on reputable service providers such as Google Cloud Services.
While We do not otherwise actively disclose Your personal information to other overseas entities, the service providers We engage may use international data centres and disaster recovery sites. Consequently, these providers may have access to Your information.
Regardless of where You reside Your right to Privacy is protected in Australia pursuant to the Privacy Act 1988 (Cth) which is administered by the Office of the Australian Information Commissioner (OAIC). The OAIC is contactable via their Website at https://www.oaic.gov.au/.
10. Anonymity and use of pseudonyms
We may interact with You anonymously or through the use of pseudonyms if You have questions general in nature. However, You are required to provide true and accurate details when requesting the provision of services. You agree to provide accurate information if so required.
We take commercially reasonable steps to protect the personal information We hold from misuse, loss and unauthorised access, modification or disclosure. We do this by:
- maintaining and keeping our systems up to date;
- using secure servers protected from unauthorised access, modification or disclosure;
- using secure sockets layer (SSL) encryption to transfer data across public networks, such as the internet;
- relying on reputable service providers; and
- limiting the collection of Your personal information to that which We reasonably require.
12. Data retention
You acknowledge, that the information kept which is associated with Our 'Our Children Platform', is intended to be kept until all of Your children reach the age of eighteen (18) years old. You have entered into a legally binding agreement with us to provide the services and that agreement includes the rights to keep your Personal Information, held in that platform, until such time. You acknowledge and accept your Collaborators on that platform have the capacity to export all information and therefore requiring us to delete the information does not make it unavailable to your Collaborators.
Subject to the preceding paragraph, if We hold personal information about You, and We do not need that information for any purpose, We will take reasonable steps to destroy or de-identify that information, in accordance with the APPs and the European Union General Data Protection Regulation (GDPR), unless We are prevented from doing so by law.
Under Australian law, financial records, such as those relating to financial transactions, must be retained for 7 years after the transactions associated with those records are completed.
You may make a request to Us in writing to remove Your personal information and We will do so subject to the agreements we hold with You, the APPs and the GDPR.
13. Use of de-identified data
The data We collect may have analytical value to Us and other third parties. We reserve the right to process information We collect through our services. However, We will only distribute data which has been deidentified. Deidentified data will not include personal information such as Your name, address, phone number, email address or other information which would reasonably allow You to be identified.
By way of example, the information we collect may be used by artificial intelligence and machine learning algorithms to improve the natural language processing capacities of our services via the Our Children Platform.
14. Additional rights under the GDPR
If You are an EU resident or citizen, You have the right to access the personal information We hold about You and to ask that Your personal information be corrected, updated, or deleted. You may also object to the processing of Your personal information.
If You would like to exercise these rights, please contact us through the contact information below.
15. Complaints procedure
Our Children is a customer service-oriented business. Therefore, if You have a complaint about Our collection or use of personal information pertaining to You, then We would ask You to contact Us. Our Privacy Officer can be contacted via the information provided below.
If after investigating Your complaint and reporting to You our findings, You are still not satisfied then We ask You to consult:
The Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
Email: [email protected]
Alternatively, if You are an EU resident or citizen You may contact Your local supervisory authority.
16. Contacting Us
For more information about our privacy practices, if You have questions, or if You would like to make a complaint, please contact Us using the details provided below:
GPO Box 2324
Brisbane QLD 4001
Telephone: 1300 433 302
Email: [email protected]