Terms of Use

ScreenCoach Website, Web App & Application Terms of Use

Life Tech Balance Pty Ltd – SCREENCOACH TERMS OF USE

For specific ScreenCoach App purchase terms, please see below.

This website (Site) is owned and operated by **LifeTech Balance Pty Ltd **(we, our or us). It is available at: www.myscreencoach.com and also incorporates the associated platform known as ScreenCoach which consists of our Application (App) and optional hardware box.

Consent: By downloading, installing, displaying, accessing and/or using our Site and / or App, you (the user) agree to these Terms of Use (Terms) and our Privacy Policy (available on our site, click here to read). Please read these Terms carefully and immediately cease using our Site or App if you do not agree to them.

Registered Users: In order to register an account and use the ScreenCoach App, you must be over 18 and create an account via our website. You agree to provide accurate and complete information when creating your account. It is your responsibility to maintain the confidentiality and security of your account and to ensure there is no unauthorised access. You agree and accept all responsibility for the use of your child(rens) account(s). ScreenCoach waives all liability for unauthorized use of your’s or your child(rens) account(s).

Under 18 years: If you are under 18 years of age, you will need a parent or guardian over the age of 18 to create an account “parent account”. You may then download and install the App and register as a child under the parent account with their permission. You may not be able to access all features of the product as a child user.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site and App Download Area. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) and in the App are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site and App in accordance with these Terms. All other uses are prohibited without our prior written consent.

Email Communications and Push Notifications: When you create your account you will be asked if you agree to us sending you email notifications and communications to your chosen email address, including information and promotional material about our products. If you agree, you may choose to stop receiving them at any time by using the “unsubscribe” link at the bottom of our Emails.
After installing the App on your devices, you will also be asked if you would like Push Notifications sent with alerts pertaining to the use of the App for both parent and child. If you agree, you consent to receiving those notifications. You may opt out of Push Notifications by going to the App Settings.

Availability of App and Site: You may access and use the App under these terms at any time, unless we have restricted access to perform necessary upgrades, maintenance or updates. We will do our best to keep the Website and App operational at all times. Your ability to access the Website and App will otherwise depend on factors out of our control such as the quality of your internet connection, the device or operating system you are using to access the Website or App. We do not guarantee that the App will run on every device and every operating system.

Termination: We reserve the right to terminate your access to the Site and/or App for any reason, including but not limited to breaching these Terms. You have the right to terminate this agreement at any time by cancelling your account, deleting the App from all of your devices and ceasing to use the Site.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site and App; which we would consider inappropriate; or which might bring us or our Site or App into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b) using our Site or App to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Site or App;

(d) tampering with or modifying our Site or App, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site or App, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site or App;

(e) using our Site or App to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site or App, including the Content, in any way that competes with our business.

No commercial use: Our Site and App is for your personal, non-commercial use only. You must not use our Site or App, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content in the Site and App (Content) is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and App and all of the Content. Your use of our Site and App and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or App or the Content.
You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site or App. By making available any User Content on or through our Site or App, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site or App.

You agree that you are solely responsible for all User Content that you make available on or through our Site or App.

You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site or App, in whole or in part. We may also exclude any person from using our Site or App, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or App or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

(c) our Site and App will be secure.

You read, use and act on our Site, App and the Content at your own risk.

To the maximum extent permitted by law, we make no warranties or guarantees that the use of the Site or App will achieve your desired state of harmony, balance and contentment or improve your child’s well being or screen time habits. The information, courses and programs provided on the Site or in the App are intended for the benefit of the general public and are not medical advice or intended to replace or substitute advice from a qualified healthcare professional.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or App and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or App and/or any loss or corruption of data and/or equipment, costs of recovering the software, data or equipment, costs of substituting the software, data or equipment or other similar costs and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site and/or App or any breach of these Terms or any applicable laws by you or any third party. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive. It is recommended that you check our Site regularly for any updates to these Terms. Use of the Site and/or App will be deemed as agreement to these Terms.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the State of Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site and App may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site or App from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

LifeTech Balance Pty Ltd ABN 76 628 373 893

PO Box 2545 Regent West 3072 Victoria, Australia

Email: support@myscreencoach.com