Legal · Grounded Parenting

Terms of Service

New South Wales, Australia

1.Introduction

(a)
These terms of service (Terms) apply when you use the Grounded Parenting mobile application (App) and the related services we provide (together, the Service).
(b)
You agree to be bound by these Terms, which form a binding agreement between you and us, Azhar Pty Limited (ABN 33 624 443 947) trading as Grounded Parenting (we, our or us).
(c)
If you do not agree to these Terms, you must not use the Service.
(d)
These Terms operate together with our Privacy Policy and the terms of the App Store you download the App from. We may change these Terms at any time by updating them in the App, and your continued use of the Service following an update represents your agreement to the amended Terms.
(e)
The Service provides general educational information only and is not a medical, diagnostic or therapy service (see clause 3).

2.Eligibility

(a)
You must be at least 18 years old and have the legal capacity to enter into a contract to use the Service.
(b)
The App is for parents and carers, not children. Children do not have accounts. You are responsible for any information you enter about a child, and you confirm that you are the child’s parent or carer, or are otherwise authorised to provide it.
(c)
You may add profiles for a limited number of children, as permitted in the App.

3.Educational information only

(a)
The App and its content are developed with paediatric occupational therapists and provide general educational and developmental information only.
(b)
The Service is not medical advice and does not provide diagnosis, assessment, therapy or treatment, and it does not create a practitioner-patient relationship between you (or a child) and us or any occupational therapist.
(c)
Any feature that allows you to submit a question provides general information only, is not a clinical consultation, may not be answered immediately, and is not monitored for urgent or emergency issues.
(d)
Always consult a qualified health professional about a child’s health or development, and do not disregard or delay professional advice because of the App. In an emergency, call 000 (Triple Zero).
(e)
This clause describes the Service and is not intended to exclude or limit any consumer guarantee under the Australian Consumer Law (see clause 15).

4.Licence to use the App

(a)
We grant you a personal, non-exclusive, non-transferable and revocable licence to use the App for your own personal, non-commercial use, in accordance with these Terms and the rules of the App Store you obtained it from.
(b)
You must not:
1. (i)
  copy, mirror, reproduce, adapt, modify, sell, decipher, decompile or reverse-engineer any part of the App, except as permitted by law;
2. (ii)
  use the App in a manner that is illegal or fraudulent, or that facilitates illegal or fraudulent activity;
3. (iii)
  use the App in a manner that may interfere with, disrupt or create undue burden on the App or the servers or networks that host it;
4. (iv)
  use the App with the assistance of any automated scripting tool or software;
5. (v)
  use the App to build or support a competing product or service; or
6. (vi)
  attempt to breach the security of the App or gain unauthorised access to accounts or data.

5.The App Stores

(a)
We make the App available through app stores, including the Apple App Store and Google Play (each an App Store). Your use of the App is also subject to the terms of the App Store you obtain it from, and payment, renewal and refunds are handled by that App Store under its terms.

Apple App Store

(a)
Where you obtain the App from the Apple App Store, you and we acknowledge and agree that:
1. (i)
  these Terms are between you and us only, and not with Apple, and we (not Apple) are responsible for the App and its content;
2. (ii)
  your licence is limited to using the App on an Apple-branded product that you own or control, as permitted by Apple’s usage rules;
3. (iii)
  Apple has no obligation to provide any maintenance or support for the App;
4. (iv)
  Apple is not responsible for any product warranties; if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App, and Apple has no other warranty obligation for the App;
5. (v)
  Apple is not responsible for addressing any claim relating to the App, including product-liability, regulatory and consumer-protection or privacy claims;
6. (vi)
  Apple is not responsible for any third-party claim that the App infringes intellectual property rights;
7. (vii)
  you represent that you are not located in a country subject to a U.S. Government embargo, or designated as “terrorist-supporting”, and are not on any U.S. Government prohibited-party list; and
8. (viii)
  Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
(b)
Where you obtain the App from Google Play, the Google Play Terms of Service and Google’s related policies also apply.

6.Subscriptions and billing

(a)
Some features require a paid subscription (Subscription). We may offer a free trial (Free Trial); the availability and terms of any Free Trial are as shown in the App Store at the time you subscribe, and your eligibility is determined by the App Store.
(b)
The fee for the Subscription is the amount shown in the App Store at the time you subscribe or renew (Subscription Fee), charged through your App Store account. Your Subscription renews automatically at the then-current Subscription Fee unless you turn off auto-renewal through your App Store account before the end of the current period.
(c)
You manage, cancel and request refunds through the App Store under its terms; we generally cannot cancel or refund an App Store purchase. Cancelling stops future renewals, and you keep access until the end of the period you have paid for.
(d)
The Subscription Fee may change. We or the App Store will give you reasonable advance notice, and continuing your Subscription after the change means you accept the new Subscription Fee.
(e)
Nothing in this clause limits any right or remedy you have under the Australian Consumer Law that cannot be excluded (see clause 15).

7.Your account

(a)
You must provide accurate information when you set up your account and keep it up to date. You must keep your login details secure, you are responsible for activity under your account, and you must notify us promptly of any unauthorised access.

8.Community and acceptable use

(a)
The Service may include a community feed where you can share posts, comments and photos. When you use the community or any other part of the Service, you must not:
1. (i)
  break the law, or encourage or help others to;
2. (ii)
  harass, bully, threaten or harm anyone;
3. (iii)
  post content that is misleading, infringing, hateful or otherwise harmful;
4. (iv)
  share another person’s personal or health information without their consent; or
5. (v)
  present content as if it were professional medical advice.
(b)
We may moderate the community and, acting reasonably, remove content or restrict, suspend or ban an account that breaches these Terms or our community guidelines. We are not obliged to monitor content, and moderation does not make us responsible for content that others post.
(c)
You can report content and block other users using the tools in the App. If you believe content infringes your rights or is unlawful, please notify us using the contact details in clause 17.

9.Your content

(a)
You retain ownership of the content you create or upload (Content). You grant us a worldwide, royalty-free licence to host, store, back up, reproduce and display your Content as needed to operate and provide the Service to you. This licence ends when you delete the Content or your account, except for copies we are required to keep by law or that remain in routine backups.
(b)
You warrant that you have the rights to your Content and, where it includes images of a child or another person, the consent needed to share it. You are responsible for your Content.

10.Your responsibility and indemnity

(a)
To the extent permitted by law, and except to the extent it is caused by our breach of these Terms, our negligence or our failure to comply with a consumer guarantee, you indemnify us against reasonable loss, damage, cost or expense we suffer or incur arising from your breach of these Terms, your misuse of the Service, or your Content infringing the rights of another person.

11.Intellectual property

(a)
We retain ownership of the App and the Service and all materials in them (including the software, content, occupational-therapy-developed materials, design, and the Grounded Parenting name and branding) (Our IP), and reserve all intellectual property rights not expressly granted to you. Apart from the licence in clause 4, you receive no rights in Our IP, and you must not use our name, logo or branding without our prior written consent.
(b)
If you give us feedback or suggestions about the Service, we may use them without any obligation to you, and you assign to us any rights you may have in that feedback to the extent it is used in the Service.

12.Third party services

(a)
We rely on third party service providers to provide the Service, including App Stores and providers of hosting, storage, subscription management and notifications. These providers, and any websites the App links to, are governed by their own terms, and we are not responsible for the content or services that they, rather than we, provide.

13.Availability and security

(a)
While we use reasonable efforts to keep the Service available and accurate, you acknowledge that it may have errors or defects, may be unavailable at times, and may not deliver messages or notifications promptly.
(b)
We may add, change, suspend or remove features of the Service, or discontinue the Service, acting reasonably and, where a change materially and adversely affects a paid Subscription, giving you reasonable notice.
(c)
You should take your own precautions to protect against viruses, malware and other interference when accessing the Service.

14.Suspension and termination

(a)
You can stop using the Service at any time. To stop being billed, you must cancel your Subscription separately through the App Store; deleting the App or your account does not cancel an App Store subscription.
(b)
We may suspend or end your access to the Service if you materially breach these Terms, use the Service unlawfully, or where required by law, giving you notice and an opportunity to remedy the breach where reasonable.
(c)
When your access ends, your licence ends and you may lose access to Content in the App. You can export your data before you leave, and deleting your account permanently removes your data as described in our Privacy Policy.
(d)
Any clause that by its nature is intended to survive termination continues in force, including clauses 9, 10, 11, 15, 16.1 and 17.

15.Consumer guarantees and liability

(a)
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded (Non-excludable Rights). If any term would have that effect, it does not apply to that extent.
(b)
Where our liability for failing to comply with a consumer guarantee can be limited by law, and the relevant goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited (at our option) to resupplying the services (or paying the cost of resupply) or, for goods, replacing or repairing them (or paying the equivalent cost).
(c)
The App is of a kind ordinarily acquired for personal, domestic or household use, so the limitation in clause 15(b) does not apply to it, and our liability for failing to comply with a consumer guarantee in relation to it is governed by the Australian Consumer Law.
(d)
Otherwise, and without limiting your Non-excludable Rights, our total liability arising out of or in connection with the Service is limited to the Subscription Fee you paid us in the 12 months before the event giving rise to the liability, and we are not liable for any indirect or consequential loss that does not arise from a failure to comply with a consumer guarantee.

16.General

Governing law and jurisdiction

(a)
This agreement is governed by the laws of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Nothing in this clause limits your Non-excludable Rights or any mandatory consumer rights you have where you live.

Notices

(a)
We may give you notices about the Service in the App or by email to the address linked to your account, and you agree that this is an effective way of giving you notice. You may contact us using the details in clause 17.

Waiver

(a)
No party may rely on the words or conduct of another party as a waiver of any right unless the waiver is in writing and signed by the party granting it.

Severance

(a)
Any term of this agreement that is wholly or partly void or unenforceable is severed to the extent that it is void or unenforceable, and the validity and enforceability of the remainder is not affected.

Assignment

(a)
You may not assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations, and will give you reasonable notice if we do so in a way that materially affects you.

Entire agreement

(a)
These Terms, together with our Privacy Policy and the applicable App Store terms, embody the entire agreement between the parties about the Service and supersede any prior understanding or agreement in relation to it. This does not limit your Non-excludable Rights.

Interpretation

(a)
(singular and plural) words in the singular include the plural and vice versa;
(b)
(gender) words indicating a gender include the corresponding words of any other gender;
(c)
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d)
(headings) headings and words in bold are for convenience only and do not affect interpretation;
(e)
(includes) the words "includes", "including" and similar expressions are not words of limitation; and
(f)
(currency) a reference to "$" or "dollars" is to Australian currency unless stated otherwise.

17.Contact us

(a)
For questions or complaints about the Service, contact us at contact@groundedparenting.app or through the in-app support inbox. We are Azhar Pty Limited (ABN 33 624 443 947), an Australian company based in New South Wales.
(b)
If you have a complaint about the Service, please contact us first so we can try to resolve it. This does not affect your Non-excludable Rights, or your right to seek help from NSW Fair Trading or the Australian Competition and Consumer Commission (ACCC).
(c)
For billing, cancellation or refund queries about a Subscription, please contact the relevant App Store.

This document is provided for general information about how Grounded Parenting operates and is not legal advice. Read it together with our Privacy Policy, Community Guidelines and Personal Information Collection Notice.