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Terms of Service

  1. INTRODUCTION

    1. The Life I Live App and the Services made available through the Life I Live App are created and controlled by Life I Live Pty Ltd (ACN 683 650 231) (Life I Live, we, us, or our). 

    2. By downloading, using, browsing, or accessing the Life I Live App, you acknowledge that you have read, understood, and accept these Life I Live App User Terms and Conditions (agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this agreement, you must not access and use the Life I Live App and Services. 

    3. In this agreement, Account Holder, you, and your means the person who downloads, accesses, or uses the Life I Live App and who creates an Account on the Life I Live App (and includes anyone acting on your behalf or with your express or implied authority).

  2. LIFE I LIVE APP

    1. The Life I Live App is a mobile application that allows Account Holders to capture, store, and preserve meaningful life moments and document their personal stories through text entries, video and voice recordings, and photographs (collectively, the Services). The Account Holder can grant Authorised Users the right to access the User Content of the Account Holder after the Account Holder has died. Our role in providing you with access and use of the Life I Live App and the Services should be construed strictly in this context only.
       
    2. By downloading, accessing, and using the Life I Live App, we grant you a non-exclusive, non-transferable, personal, revocable, and non-sublicensable licence to download, install, access, and use the Life I Live App and Services. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.

  3. TERM

    This agreement will commence on the date you download, access, and sign up to the Life I Live App (Commencement Date) and shall continue until terminated in accordance with clause 15 (Term).

  4. REGISTRATION AND ACCESS
     
    1. To access and use the Life I Live App, you must:

      1. download the Life I Live App from the Apple Store; and 

      2. create and setup an account on the Life I Live App (Account). Your Account will be operated by using your email address (Account Name) and password. When you setup your Account, we will send you a verification code by email, which you must input into the Life I Live App to complete the verification process. The verification code expires after 5 minutes, and if you fail to input the verification code into the Life I Live App within this time, you will need to request a new verification code to complete the verification process.. You can change your Account Name and password at any time by accessing the Profile Settings.

    2. To setup an Account on the Life I Live App, you:

      1. will be required to provide, and keep us up-to-date with, accurate registration information and Personal Information (including full name, email address, and phone number. All Personal Information, as well as the information you provide to setup your Account, is subject to our Privacy Policy; and
         
      2. be over 15 years of age, and legally able to enter into contractual relations. If you are under the age of 15 years, you must not access and use the Life I Live App and the Services. Your continued use of the Account constitutes an acknowledgement by you that you are over 15 years of age. We reserve the right to ask for proof of age from you, and your Account may be suspended until satisfactory proof of age is provided.

    3. You are responsible for:
       
      1. maintaining control over, and the confidentiality of, your Account, Account Name, and password;
         
      2. keeping your registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the Life I Live App;
         
      3. notifying us in writing of any unauthorised access to, or use of, your Account, Account Name or password; and
         
      4. for all activities or transactions that occur using your Account. We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of your Account, Account Name, and password.

  5. Authorised Users

    1.  An Authorised User accesses the Account of the Account Holder after the Account Holder has died or for the duration set by the Account Holder via the ‘Add Authorised User’ function within the Life I Live App. When you invite an Authorised User, the Life I Live App will send the Authorised User an email containing an activation hyperlink to the Life I Live App.
       
    2. Once the Authorised User has clicked on the hyperlink, the Authorised User will:

      1. be instructed to download the Life I Live App; and
         
      2. once the Life I Live App has been downloaded onto the Authorised User’s device, the Authorised User will be directed to create and setup an account on the Life I Live App (User Profile). The User Profile will be operated by the email address of the Authorised User and a password. When the Authorised User setup their User Profile, we will send the Authorised User a verification code by email, which the Authorised User must input into the Life I Live App to complete the verification process. The verification code expires after 5 minutes, and if the Authorised User fails to input the verification code into the Life I Live App within this time, the Authorised User will need to request a new verification code to complete the verification process. The Authorised User can change their User Name and password at any time by accessing the Profile Settings. All Personal Information, as well as the information an Authorised User provides to setup their User Profile, is subject to our Privacy Policy

    3. Authorised Users will only be able to:

      1. access and view the Account of an Account Holder on the earlier of the date specified by the Account Holder in the Life I Live App or following the death of the Account Holder. To access the Account of the Account Holder following the death of the Account Holder, the Authorised User must provide Life I Live with a copy of the death certificate of the Account Holder; and
         
      2. authorised Users will not be permitted to create, edit, delete, or upload User Content to the Account of the Account Holder. 

    4. You acknowledge and agree that:

      1. you can revoke or change an Authorised User’s access at any time and for any reason or no reason at all, by using the ‘remove Authorised User’ function in the Life I Live App, in which case that person will cease to be an Authorised User; and
         
      2. if there is any dispute between you and an Authorised User regarding access to the Life I Live App or use of the Services, you shall decide whether the Authorised User shall have access to the Life I Live App.

  6. YOUR OBLIGATION
     
    1. When accessing and using the Life I Live App, you must:

      1. obtain and maintain all hardware, software, and communications equipment necessary to download, access, and use the Life I Live App; 

      2. comply with all Relevant Laws with respect to your obligations under this agreement; and
         
      3. comply with all of our directions, policies and guidelines as advised in writing to you or as displayed on the Life I Live App from time to time; and
         
      4. use the Life I Live App and Services responsibly and respectfully; and
         
      5. nominate and invite Authorised Users to access and use the Life I Live App, and you must keep the registration information of Authorised Users accurate and up-to-date at all times. 

    2. Life I Live will not be liable to you or anyone else if, for any reason, the Life I Live App is unavailable at any time or for any period. From time to time, Life I Live may suspend or restrict access to all or some parts of the Life I Live App. You are responsible for making all arrangements necessary for you to download, access, and use the Life I Live App.

    3. You (and your Authorised Users) must not:

      1. use the Life I Live App to create an unwritten or informal will (for example, by uploading a video or audio will (or expression of wishes) onto the Life I Live App). The Life I Live App is not a substitute for creating a valid written will. We recommend that you seek legal advice from a will and estate lawyer in relation to your estate planning requirements. 

      2. introduce, access, store, distribute, or transmit any viruses, worms, trojan, or other malicious code into the Life I Live App;
         
      3. violate any Life I Live IP or any third party’s Intellectual Property Rights;
         
      4. copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit, or distribute all or any portion of the Life I Live App, or any other third-party software that you may access or use through the Life I Live App, in any way; 

      5. access all or any part of the Life I Live App in order to build a product, service or code which competes or reproduces the Life I Live App (in full or part); 

      6. modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Life I Live App in any way, or otherwise learn the source code or algorithms underlying the Life I Live App.
         
      7. license, sell, rent, lease, sub-let, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, encumber or otherwise make the Life I Live App available to any third party;
         
      8. use the Life I Live App for any unlawful purpose or other purpose not authorised by Life I Live in writing; and
         
      9. share your credentials or transfer your Account to others;
         
      10. share the User Content with any third party, other than another Authorised User; and
         
      11. engage in any activity or conduct that is in breach of any Relevant Laws. 

    4. Life I Live has the right to suspend or terminate your Account or the Account Holders (or any Authorised User’s) access or use of all or any part of the Life I Live App and/or the Services, at any time, if, in our opinion, the Account Holder (or any of your Authorised Users) have failed to comply with any of the provisions of this agreement. 

  7. USER CONTENT
     
    1. When you create your Account and access the Life I Live App, you will be required to provide User Content to Life I Live. The Account Holder (and the beneficiaries of your estate after you have died) will retain ownership of your User Content, and you (and not Life I Live) will have sole responsibility for the legality, reliability, integrity, accuracy, and quality of your User Content. To the maximum extent permitted by Relevant Laws, we do not warrant that any User Content displayed on the Life I Live App by you is accurate, complete, reliable, current, or error-free, nor do we make any warranty about the standard or quality of any User Content displayed on, or via, the Life I Live App.  

    2. You grant Life I Live a worldwide, non-recoverable, non-exclusive, royalty-free and perpetual licence to use, disclose, share, reproduce, store, distribute, publish, export, adapt, edit, translate or copy the User Content (and all Intellectual Property Rights contained therein) for any purpose, including for the purpose of:
       
      1. enabling Life I Live to provide the Life I Live App and Services to you and your Authorised Users and to otherwise perform our obligations and exercise our rights under this agreement; 

      2. informing you and your Authorised Users of other products or services that Life I Live (or third parties) may offer from time to time; 

      3. complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request;
         
      4. using usage patterns, trends, and other statistical or behavioural data derived from use of the Life I Live App and Services for the purposes of providing, operating, maintaining, or improving the Life I Live App and Services;
         
      5. sharing User Content with an Affiliate or other third party (with whom Life I Live may contract or be affiliated with from time to time) for the purposes of performing or improving the Life I Live App and/or the Services.

    3. In the event of any Loss to User Content, your sole and exclusive remedy shall be for Life I Live to use reasonable endeavours to restore the User Content, that is lost or damaged, from the latest back-up of User Content maintained by Life I Live in accordance with our standard archiving and backup procedures.
       
    4. Life I Live shall not be responsible for any Loss, destruction, alteration, corruption or disclosure of User Content caused by us, your acts or omissions or the acts or omissions of your Authorised Users or other users of the Life I Live App or any third party.
       
    5. You agree to make your own enquiries to verify information displayed on, or via, Life I Live App and to assess the suitability of any information before relying upon such information. If you choose to rely upon any information displayed or listed on, or via, the Life I Live App, you do so at your own risk. We make no representations or warranties that use of User Content will not infringe any third party’s Intellectual Property Rights.

  8. NO CHARGES

    1. We do not charge Account Holders or Authorised Users a fee to download, access and use the Life I Live App and Services. However, we reserve the right at any time to charge Account Holders a fee to access and use the Life I Live App and Services (including any advanced or premium features and functions of the Life I Live App) by giving you at least 30 days’ written notice, or by otherwise posting it on the Life I Live App or the https://www.lifeilive.com.au/. If you do not agree to pay a fee to access and use Life I Live App and Services (including any advanced or premium features and functions of the Life I Live App), you should terminate the agreement in accordance with clause 15, no later than 30 days after the date you received written notice of the fee changes or the fee changes were posted on the Life I Live App or the https://www.lifeilive.com.au/.

  9. INTELLECTUAL PROPERTY
     
    1. You acknowledge that we, or our licensors, are the owner of the Life I Live App and the Services (or any Intellectual Property Rights contained therein) including any information, data or Content that may be provided to, or accessed by, you (or your Authorised Users) in connection with your (and your Authorised Users’) use of the Life I Live App and the Services (including any modifications and/or enhancements of the foregoing) (collectively, the Life I Live IP). Accessing and using the Life I Live App and the Services do not give you, your Authorised Users (or anyone else) ownership of, or any right, title or interest in the Life I Live IP. 

    2. Ownership of any User Content will vest in the creator of that User Content, but excluding Life I Live IP. 

  10. OUR OBLIGATIONS
     
    1. Subject to your compliance with the terms of this agreement, Life I Live shall use reasonable endeavours to provide you (and your Authorised Users) with access to and use of the Life I Live App and the Services.

    2. In the event that we fail to provide you with access and use of the Life I Live App and the Services accordance with clause 10.1, we shall use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 10.1.

    3. The undertaking in clause 10.1 shall not apply in the event of:
       
      1. any non-conformance which is caused, or contributed, by use of the Services and the Life I Live App contrary to our instructions or the terms of this agreement; 

      2. modification or alteration of the Services and the Life I Live App by any party other than us or our duly authorised Personnel;

      3. the unsuitability or malfunction of the Life I Live App and/or the Services when used in conjunction with any software, platforms, applications and tools supplied by a third-party provider; and

      4. Force Majeure Events.

  11. NO WARRANTIES
     
    1. To the maximum extent permitted by Relevant Laws, Life I Live exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the Life I Live App and the Services.

    2. Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other international, national, State or Territory legislation where to do so is unlawful. 

    3. You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, Life I Live make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency, validity or security of the Life I Live App and the Services (or any User Content generated by you through the Life I Live App and Services) and Life I Live will not be liable if the Life I Live App or the Services, becomes unavailable for any reason, including directly, or indirectly as a result of:
       
      1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault; 

      2. negligent, malicious, willful acts or omissions of third parties (including third party service providers) or other users;
         
      3. maintenance or repairs carried out by Life I Live or any third party service provider in respect of any of the systems used in connection with the provision of the Services or the Life I Live App; 

      4. services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
         
      5. a Force Majeure Event.

    4. You acknowledge that, to the maximum extent permitted by Relevant Laws, Life I Live do not make any warranty or representation that:
       
      1. your access to, and use of, the Life I Live App and the Services will be uninterrupted, virus-free or error-free; and/or
         
      2. the Life I Live App and the Services (or any User Content), will be accurate, complete, reliable, current or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” basis.

    5. You acknowledge that your access to, and use of, the Life I Live App and Services may be interrupted or unavailable during scheduled or unscheduled maintenance.

  12. LIMITATION OF LIABILITY
     
    1. To the maximum extent permitted by Relevant Laws, Life I Live will not be liable to the Account Holder, your estate, executors and beneficiaries, your Authorised Users or any third party for:
       
      1. any Claims or Losses (including Consequential Loss); or
         
      2. loss of, or damage to, any property or any personal injury, illness or death to you, any third person,

        arising out of, relating or connected to, the provision or use of the Life I Live App and Services (including any User Content uploaded to the Life I Live App and/or any Third Party Products and Services generated or made available through the Life I Live App or the Services) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring. 

    2. All risk in using the Life I Live App and the Services passes to you on creating an Account, or otherwise using the Life I Live App and the Services (whichever is earlier). Life I Live assumes no responsibility and Life I Live has no liability to you, your Authorised Users, or anyone else for any use of, or reliance on, any User Content and/or Third Party Products and Services obtained or generated from your access to, and use of, the Life I Live App and the Services. 

    3. To the maximum extent permitted by Relevant Laws, under no circumstances will Life I Live’s aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the amount you paid to Life I Live under this agreement in the one month immediately preceding the date on which the Claim giving rise to such liability arose.

    4. You agree to defend, indemnify and hold Life I Live, our Affiliates, and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims or Losses that may be brought against the Indemnified or which the Indemnified may pay, sustain, or incur as a direct or indirect result of or arising out of:
       
      1. the access to, and use of, the Life I Live App and/or the Services by you, your Authorised Users or any other third party (including, the use of any User Content, Third Party Products and Services published, displayed or made available to you on, or via, the Life I Live App and the Services);
         
      2. any breach by you (or your Authorised Users) of any Privacy Laws;
         
      3. any breach of any third party’s Intellectual Property Rights or other rights caused by you (or your Authorised Users); or
         
      4. any breach by you (or your Authorised Users) of this agreement.

  13. THIRD PARTY PRODUCTS AND SERVICES

    1. You acknowledge that Life I Live App and Services may require you to use or access Third Party Products and Services and that you do so solely at its own risk. 

    2. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such Third Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services. 

    3. Life I Live recommends that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services.
       
    4. Life I Live does not endorse, sponsor or approve any Third Party Products and Services used in conjunction with the Life I Live App and Services. It your sole responsibility to determine that specific products or services, meet your business and are suitable for the purposes for which they are used.
       
    5. Any rights you may have to access Third Party Products and Services shall be limited to:
       
      1. the extent of Life I Live’s ability to pass on such rights to you; or 

      2. the relevant third party licensor terms. 

  14. PRIVACY
     
    1. All Personal Information you provide to us to download, access and use the Life I Live App and the Services, are subject to our Privacy Policy, which is incorporated into this agreement. You warrant that, in relation to any Personal Information comprising User Content or any other information disclosed to us by you (or your Authorised Users) on, or via, the Life I Live App and the Services:

      1. it has been collected in accordance with Privacy Laws; 

      2. you (or your Authorised Users) have the authority to upload, post, publish or otherwise transmit such information on, or via, the Life I Live App; and
         
      3. you (or your Authorised Users) have obtained the informed consent of the individuals who are the subject of such Personal Information in order for us to use, disclose, store, transfer, process or handle it. 

  15. TERMINATION 
     
    1. During the Term the Account Holder may terminate this agreement at any time by selecting the ‘delete Account’ function in the Profile Settings page in the Life I Live App.

    2. We may terminate or discontinue the Life I Live App or any major functions or features of the Life I Live App and/or the Services at any time by e.g. 30 days’ written notice to you, or by otherwise posting it on the Life I Live App.

    3. You agree that we may, at any time and our sole discretion, with or without cause or any notice to you, terminate, suspend, or block access to (either temporarily or permanently):

      1. your Account and password;
         
      2. any User Profile; 

      3. the Life I Live App and/or the Services; and/or
         
      4. any social media pages, products, and/or services offered on, or via the Life I Live App and/or the Services.

    4. Cause for such suspension or termination under clause 15.3 may include, but are not limited to:

      1. any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy), and any other agreements entered into between the parties;
         
      2. serious or repeated breaches or violations of Life I Live’s or another person’s Intellectual Property Rights or privacy rights;
         
      3. your (or your Authorised Users) activities, conduct or transactions on, or via, the Life I Live App, that bring, or have the capacity to bring, Life I Live into disrepute; 

      4. requests by law enforcement or other government agencies. 

    5. You agree that all such suspensions or terminations shall be made at Life I Live’s sole discretion and that Life I Live shall not be liable to you, your Authorised Users or any third party for any such suspension or termination.

  16. EFFECT OF TERMINATION

    On termination of this agreement for any reason:  

    (a) we may (without liability to you, your Authorised Users, or any third party) delete, de-identify, or otherwise dispose of: (i) your Account; (ii) the User Profiles of your Authorised Users; and (iii) any or all of your User Content in our possession or control. However, we may retain your (and your Authorised Users’) registration information (including Personal Information) in accordance with any limitation periods and records retention obligations that are imposed by Relevant Laws; and

    (b) all licences to use the Life I Live App and the Services and rights of access granted under this agreement to you and your Authorised Users will immediately terminate.

  17. FORCE MAJEURE

    Life I Live shall not be responsible to you (or anyone else) if Life I Live are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, hacker attacks, denial of service attacks, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).

  18. DISPUTE RESOLUTION
     
    1. Any party claiming a dispute exists under the agreement must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought. 

    2. The parties must in good faith attempt to resolve any dispute between them.  

    3. If the dispute cannot by resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.  

    4. Each party must continue to perform its obligations under this agreement notwithstanding the existence of any unresolved dispute.  

  19. UPDATES AND VARIATIONS
     
    1. Without notice to you, Life I Live may, at our absolute discretion, from time to time:

      1. change, add or delete the functions, features, performance, or other characteristics of the Life I Live App and Services; or
         
      2. apply or install updates to, or new versions of, the Life I Live App.

    2. You acknowledge that the Content on the Life I Live App are subject to change at any time and may be out of date at any given time. Life I Live are under no obligation to:

      1. update, correct or fix any Content or errors in the Life I Live App; and/or
         
      2. notify you of any changes to the Content or the Life I Live App unless required by a Relevant Law to do so. 

    3. Some of the provisions contained in this agreement may also be superseded by provisions or notices published elsewhere on the Life I Live App. Any changes are effective immediately upon posting to the Life I Live App. Your continued use of Life I Live App thereafter constitutes your acceptance of all such changes to the agreement. 

    4. Please read this agreement before using the Life I Live App as the agreement may have changed since the last time you accessed and used the Life I Live App. If you do not agree to any change, then you must immediately stop using the Life I Live App and the Services.

  20. SUPPORT SERVICES

    1. Life I Live may, at our absolute discretion, provide you with customer support services during Business Hours in accordance with the Life I Live’s standard support services and maintenance policy (as amended from time to time). 

    2. If you require customer support services or you are having difficulties accessing and using the Life I Live App and the Services, you may contact us by email at info@lifeilive.com.au. 

  21. SEVERABILITY

    If any provision in this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.

  22. RELATIONSHIP

    No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by this agreement.

  23. ASSIGNMENT

    You may not assign, transfer or deal in any other manner with, all or any of your rights or obligations under this agreement without our prior written consent. To the extent permitted by Relevant Laws, we may, at our absolute discretion, assign, transfer or deal in any other manner with all or any of our rights or obligations under this agreement without your prior written consent.

  24. SURVIVAL

    Clauses 7, 9, 10.2, 11, 12, 13, 15, 17, 18, 21, 22, 23, 24, 25, 26  and any other obligation which is expressed to, or by its nature, survive expiry or termination of this agreement, will survive expiry or termination of this agreement and are enforceable at any time at law or in equity. 

  25. ENTIRE AGREEMENT

    This agreement, and any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).

  26. JURISDICTION AND APPLICABLE LAW

    The laws of Queensland, Australia, govern this agreement. You agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia.

  27. DEFINITIONS

    In this agreement, the following words shall have the following meanings:

    (a) Account has the meaning in clause 4.1(b).

    (b) Account Holder, you or your has the meaning in clause 1.3.

    (c) Account Name has the meaning in clause 4.1(b).

    (d) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.

    (e) Authorised User means a person who is authorised or invited by you (as the account holder) to access and use the Life I Live App.

    (f) Business Day means any day which is not a Saturday, Sunday, or public holiday in Queensland.

    (g)     Business Hours means 9:00 am to 5:00 pm on Business Days.

    (h) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

    (i) Commencement Date has the meaning in clause 3.

    (j) Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the Life I Live App.

    (k) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties on the Commencement Date as a likely result of breach of the agreement:

              (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;

              (ii) loss of revenue, profit, income, bargain, opportunity (including marketing or advertising opportunity), use, production, customers, business, contract, goodwill, or          anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data and loss of personal enjoyment;

              (iii) loss of inheritance, loss of opportunity to inherit, loss of bequeathment or legacy, loss of opportunity to receive a bequeathment or legacy, costs (including legal costs) to apply for probate or letters of administration, guardianship or administration, costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by you, your executors, an actual or potential beneficiaries or third party;
               
              (iv) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or

              (v) loss or damage of the nature set out above in clauses (i) to (iv) (inclusive) that is incurred or suffered by or to a third party.

    (l) Force Majeure Event has the meaning in clause 17.

    (m) Intellectual Property Rightsmeans designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.

    (n) Life I Live, our, us or we has the meaning in clause 1.1, and where the context permits, includes our Personnel and Affiliates.

    (o) Life I Live App     means the software made available through the mobile application, and used by Life I Live to provide you with Services, including the application and database software for the Services, the system and server software used to provide the Services, the computer hardware on which that application, database, system and server software is installed, and all Intellectual Property Rights contained therein, provided or otherwise made available by us on, or via, the Life I Live App.

    (p) Life I Live IP has the meaning given to it by clause 9.1.

    (q) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.

    (r) Personnel means any director, officer, or employee or contractor, of a party.

    (s) Personal Information     has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.

    (t) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.

    (u) Privacy Policy means our privacy policy available on the Life I Live App or Website (or such other web address notified by us to you from time to time), which is incorporated into this agreement.

    (v) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.

    (w) Services has the meaning in clause 2.1.

    (x) Term has the meaning in clause 3.

    (y) Third Party Products and Services means any software, products, services or content (including all Intellectual Property Rights contained therein) that:

              (i) are provided by third party providers;

              (ii) interoperate with the Life I Live App or Services; or

              (iii) may be identified as third party products or services.

    (z) Profile Settings means the page or function within the Life I Live App that allows you to manage your Account, Personal Information, preference and other settings within the Life I Live App.

    (aa) User Content means all data, content, materials and information (including information, text, images, graphics, logos, video and audio clips and links):

              (vi) uploaded to, or stored on, the Life I Live App by you;

              (vii) transmitted by the Life I Live App at your instigation;
     
              (viii) supplied by you for uploading to, transmission by, or storage on, the Life I Live App; or
             
              (ix) generated by the Life I Live App as a result of the use of the Services by you, but excluding Life I Live IP.

    (bb) User Name has the meaning in clause 5.2(b).

    (cc) User Profile has the meaning in clause 5.2(b).

    (dd) Website means the website located at www.lifeilive.com.au, and any other website notified by us from time to time. 

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