Terms of Service

1. Introduction

See the information set out above, which forms part of this Agreement.

2. Commencement, Availability, Termination

This Agreement commences when you first visit our website and/or download our app, and continues until changed or terminated by us. We reserve the right to change or discontinue any aspect of the app and/or website, including these Terms of Service. It is your responsibility to ensure you read and understand these Terms of Service, which are made available by us only in English.

We may suspend or terminate your access to the platform, with or without notice, where we reasonably believe you have breached this Agreement, engaged in unlawful conduct, or where suspension or termination is required to protect the security or integrity of the platform or the rights of other users.

3. Intellectual Property

The app and website include intellectual property such as domain names, copyright, trademarks and design, protected under Australian law and international agreements. We own, or are licensed to use, this intellectual property. We grant you a limited licence to make a temporary electronic copy of all or part of the website, download the app to your smartphone, and print limited hard copy versions for your personal use, provided that all material is properly attributed. You may not commercially exploit, modify, claim ownership of, link to or incorporate our app or website content elsewhere without our prior written consent.

4. Website Information and Records

We are committed to complying with legal, business and evidential requirements for information and records. We make reasonable efforts to ensure that the information you provide to us through the app, website and related email functionality is secure and processed in accordance with our Privacy Policy. It is your responsibility to keep records and backups of your information.

5. Acceptable Use of the App, Website and Email Functionality

You agree to make acceptable use of our app, website and the email functionality connected with the Flourish 360 platform. You undertake not to use these services in an unlawful way, or in any way that interferes with our or other users' use and enjoyment of, or access to, these services. You agree that you are personally liable for the consequences of improper use of these services and any failure to comply with relevant law. If you become aware of unacceptable use by a third party, please contact us and tell us about it.

6. Client and Organisation Accounts

Where the Flourish 360 platform is provided to you through your employer or another organisation (Client), your use of the platform is also governed by the agreement between us and that Client. That agreement may set out additional or different terms regarding data collection, retention and access. Where there is a direct conflict between this Agreement and a Client agreement in respect of the services provided to that Client's personnel, the Client agreement will prevail to the extent of the inconsistency.

You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account. You must notify us promptly if you become aware of any unauthorised use of your account.

7. Fees and Payment

Where a Client or individual user is required to pay fees for access to the Flourish 360 platform, those fees, and the payment terms that apply, will be set out separately in an order form, service agreement or subscription confirmation. Unless otherwise agreed in writing, fees are quoted exclusive of GST and other applicable taxes, which will be added where they apply.

Where payment is made by credit card, payment is processed by a third-party payment processor. Flourish 360 does not itself store full payment card details. See our Privacy Policy for more information about how payment-related information is handled.

8. Communication

You agree that we may approach you or send you information, including information about our services. You will always have the choice to inform us in writing that you do not want us to communicate with you, and/or to opt out of these communications, in accordance with our Privacy Policy.

9. Damages Arising from Use of the Platform

Information technologies, including telecommunication systems and networks, expose Flourish 360 to dynamic security and business risk. Flourish 360 manages this risk in accordance with Australian law and through its policies, procedures and guidelines, to prevent unauthorised access to, or abuse of, its systems and networks. While Flourish 360 is committed to a reasonable standard of care and diligence, Flourish 360 cannot and will not be liable for damages arising from use of its website or app which are beyond its reasonable control.

10. Complaints and Alternative Dispute Resolution

You agree to submit all complaints relating to this Agreement to us first, so that we have an opportunity to resolve your complaint before you proceed to any relevant authority.

Nothing in this Agreement prevents either us or you from approaching a court of competent jurisdiction for an injunction or for relief on an urgent basis.

11. Enforceability

You agree that any electronic record, message, copy, printout or extract of these, signed by one of our personnel, will be evidence of the contents of the record, message, copy, printout or extract, to the extent permitted by law. No failure or delay by us or you to exercise a right under this Agreement shall prevent us or you from exercising that right in future. If a term of this Agreement is invalid, unenforceable or illegal, the remaining terms shall continue in full force and effect unless the invalidity, unenforceability or illegality goes to the root of this Agreement.

12. Limitation of Liability, Indemnity, No Warranty

You agree that the app and website are provided on an 'as is' and 'as available' basis, and that your use of the app and website is at your own discretion and risk. To the maximum extent permitted by law, we will not be liable for any indirect or consequential loss suffered by you arising from your use of the app, website, this Agreement or otherwise. We take reasonable care to ensure the accuracy of information and the availability of the app and website, but the platform's educational content is provided for general information purposes only and is not a substitute for professional medical, psychological or legal advice.

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. To the extent permitted by law, our liability for breach of any guarantee that can be limited is limited, at our option, to the resupply of the services or the cost of resupplying the services.

To the fullest extent permissible by law, you agree to indemnify and hold us, our directors, employees, consultants, agents, licensors and service providers harmless against loss, damage, claims, liability and costs arising from your breach of this Agreement, your unlawful use of the platform, or your infringement of any third party's rights.

13. Links to External Third-Party Websites and Social Media

For your convenience, we provide links to external third-party websites and various social media resources. This does not mean that we endorse them, and you are entirely responsible for your use of and access to all other websites and media. The terms and conditions of the relevant external third-party websites and media will prevail where relevant.

14. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

15. Skill, Diligence and Care

We will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website and software provider.