Privacy Policy
1. Information we collect and how we use it
1.1. We collect and store information when you first use any of our applications, and when you create an account on our website. The information we collect is your child’s name and your email address. Any password you may create during sign-up will not be stored, instead we will create a unique hash code from your password and store that.
1.2. We will not store any payment details, such as name, address, and credit card numbers, that you provide during the subscription/checkout process. However, the payment providers we use may store some details, such as your name, address, and credit card details. The privacy policies of the respective payment providers govern the use of such data.
1.3. We use the name you give to your child’s device, your email address to establish your account with and the school grade/year your child/children use on any of their devices. We may from time to time communicate to you when new features are available, or provide otherwise information about our products and services and your use of our services.
1.4. We will collect and store the last login time of the account and the account’s subscription type and status to verity account status for accounts management purpose.
1.5. We will collect and store a device id for any device that you register under your account. The device id uniquely identifies the device and allows us to associate the device with your account and communicate with the device.
1.6. We will keep a record of the data that you and/or your child download from our applications and will use this data to produce reports and feedback for you and your child. We will also store the results of you and/or your child interactions with our applications which is necessary for us to provide the core functionality of our application to you and/or your child. This data is stored in the device locally, not in our database remotely.
1.7. We don’t collect any information about the 3rd party applications that are installed on a device. We may use data to support our app’s screen time allowance functions and relevant features, however this data is only used by our app inside the device itself and we do not store any of this data remotely.
1.8. We collect non-personal information from our websites through the use of Google Analytics. Non-personal information means data from which an individual cannot be identified. This includes data such as the number of visitors to our website, the particular pages visited, the browser and device type used, and other such technical data. We use this data to optimise our website and improve the user experience.
2. Disclosure of information to third parties
2.1. We may share your personal information (not your children’s) if we have obtained your explicit consent.
2.2. We may share limited personal information with payment providers as explained in paragraph 1.2 above.
2.3. We will share your personal information to comply with laws, or to respond to lawful request and legal process.
2.4. In an emergency we may share personal information to protect the personal safety of any person.
2.5. We may share information to protect the rights and property of Screen Time Master, our agents, customers, and others, to enforce our agreements, policies, and term of service.
2.6. We may share your personal information as part of a merger, acquisition, sale of company assets, or similar transactions. This includes, to the extend required, the event of bankruptcy, or receivership.
2.7. We will not sell your or your children’s personal information to any third party for whatever purpose except as outlined in paragraphs 2.1 to 2.6.
You have the ability to review and request amendments to the Personally Identifiable Information with respect to you collected by us or you may request to delete any information we hold in regard to you and the devices for which you installed Screen Time Master by contacting us. We shall use commercially reasonable efforts to delete such information but may retain information for the purposes of complying with any applicable legal obligation.
3. Children’s Privacy Rights
Screen Time Master does not sell products to children. Our services are not intended for children to submit personal information without the consent of their legal guardian.
3.1. The kind of personal information we collect from children is outlined in section 1 (Information we collect and how we use it)
3.2. We use children’s personal information for the purposes outlined below:
• Provide, develop, maintain, operate, and improve our services.
• To process and fulfill requests by legal guardians, for example for customer support.
• For other purposes see paragraphs 2.3 to 2.6
3.3. We will not collect any more information form your children than is reasonably necessary to provide our services.
In the event that a child chooses to access our services we believe that Screen Time Master and its privacy policy and procedures comply with the requirements of the Screen Time services and the Children’s Online Privacy Protection Act (COPPA).
4. Data Security
We maintain reasonable security practices to protect confidentiality, security, and integrity of all personal information we collect, including, but not limited to, encrypted communications between devices and our server infrastructure such as Secure Socket Layer (SSL), password protections, and other technical controls.
Screen Time Master cannot guarantee the security of information. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Screen Time Master to intercept or otherwise gain unlawful access to data. Neither Screen Time Master nor any of our service providers can ensure or warrant the security of any data you transmit to us over the internet. Any such transmission is done at your own risk.
5. Data Location
The personal information we collect from you will be processed and stored at a location either in Australia or in a data centre in another country utilised by a web hosting company.
6. Data Retention
When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information. However, most of the personal information is or will be stored as client data which will be kept by us for a minimum of seven years.
7. Access to your personal information
You may access the personal information we hold about you and to update/correct it, subject to certain exceptions as set out in Australian Privacy Principle 12 and 13. If you wish to access your personal information please send us an email to admin@screentimemaster.com.
8. Policy updates
This Privacy Policy will be updated from time to time and is available on our website. The date of the last update is clearly marked at the top of the Policy. We recommend you check for any updates from time to time.
9. Privacy Policy complaints and enquiries
If you have any queries or complaints about our privacy policy please contact us via email to admin@screentimemaster.com or by mail to: Screen Time Challenge P/L, Attn: Data Protection Officer, 200 Railway Parade, Kogarah NSW 2217, Australia.
10. Withdrawing Your Consent
You may at any time withdraw the consent you provide for the processing of your Personal Data for the purposes set forth in this Privacy Notice by contacting us at admin@screentimemaster.com, provided that we are not required by applicable law or professional standards to retain such information.
If you want to stop receiving future marketing messages and materials, you can do so by clicking the “unsubscribe” link included in our email marketing messages or by contacting us at admin@screentimemaster.com.
11. Notice to California Residents – Your California Privacy Rights
11.1. Shine the Light: We do not sell, disclose, trade, or rent your Personal Information to third parties to market their own products or services.
11.2. Do Not Track: Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.
11.3. California Consumer Privacy Act: The California Consumer Privacy Act (“CCPA”) affords California consumers certain rights over their Personal Information. To find out more about the CCPA please visit California Consumer Privacy Act (CCPA) | State of California - Department of Justice - Office of the Attorney General for an outline of those rights and an explanation of how such rights may be exercised.
11.4. Subject to certain exceptions, the CCPA affords California consumers the following rights:
a. Request to Know. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you any or all of the following, as requested by you:
• The specific pieces of personal information we collected about you.
• The categories of personal information we collected about you.
• The categories of sources from which we collect personal information about you.
• The categories of personal information that we have disclosed about you for a business purpose.
• The categories of third parties to whom we have disclosed your personal information for a business purpose.
• Our business or commercial purpose for collecting personal information.
b. Request to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete, as applicable) your personal information from our records, unless an exception applies.
c. Request to Opt-Out of the Sale of Personal Information. California consumers have the right to opt out of the sale of their personal information by a business. As noted above, however, Screen Time Master does not sell personal information.
d. No Discrimination. You have a right not to receive discriminatory treatment by Screen Time Master for the exercise of the privacy rights conferred by the CCPA.
The rights afforded to you by the CCPA can be exercised as follows:
• Submitting a Request to Know. You may submit a Request to Know by emailing us at admin@screentimemaster.com.
• Submitting a Request to Delete. You may submit a Request to Delete by emailing us at admin@screentimemaster.com.
• Verification Methods. Once you submit a request, we will verify that you are the consumer to which the request pertains by matching the identifying information provided by you (e.g. name, email address, account-related information) to the information we maintain. Depending on the type of request you submit, we will attempt to match either two or three of the data points you provided. If we are unable to verify your request with the data points you provided, we may reach out to you for additional information to verify your request.
12. Notice to European Union Data Subjects and Great Britain Data Subjects – General Data Protection Regulation
This Section (Notice to European Union Data Subjects and Great Britain Data Subjects – General Data Protection Regulation) applies specifically to European Union data subjects and Great Britain Data Subjects. For the purpose of this section, terms used but not defined shall have the meaning ascribed to them in the General Data Protection Regulation.
12.1. Data Subject Rights: You have the following rights with respect to your Personal Information where and to the extent they apply to your particular processing:
• The right to request a copy of your Personal Information which Screen Time Master holds about you;
• The right to request that Screen Time Master corrects any Personal Information if it is found to be inaccurate or out of date;
• The right to request your Personal Information is erased where it is no longer necessary for Screen Time Master to retain such data;
• The right to withdraw your consent to the processing of your Personal Information at any time;
• The right to request that Screen Time Master provide you with your Personal Information and where possible, to transmit that data directly to another data controller (where applicable);
• The right, where there is a dispute in relation to the accuracy or processing of your Personal Information, to request a restriction is placed on further processing; and
• The right to lodge a complaint with a European Union Data Protection, Great Britain Data Protection or Supervisory Authority.
12.2. Exercise of Data Subject Rights: You may let us know of your desire to enforce any of the rights described in this Privacy Policy by sending an email to Screen Time Master at admin@screentimemaster.com, and we will respond within the time required by applicable. Please note that we may ask you to verify your identity before taking further action on your request including referring to our Data Protection Representative for the European Union or Great Britain. Please also note that laws and contractual frameworks limit your exercise of these data rights; we welcome you to ask us questions any time, and we will answer them as described above.
12.3. Right to Withdraw Consent to Processing: Where you have provided your consent to the processing of your Personal Information by Screen Time Master you may withdraw your consent at any time by sending a communication to Screen Time Master specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your Personal Information, in particular where:
• you contest the accuracy of your Personal Information;
• the processing is unlawful, and you oppose the erasure of your Personal Information;
• we no longer need your Personal Information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or
• you have objected to the processing and pending the verification whether the legitimate grounds of Screen Time Master override your own.
12.4. Complaints to Supervisory Authorities: We invite you to let us know about any and all issues regarding our data processing activities or this Privacy Policy, and we will respond to you within 30 days of receipt of such notification. If you consider that our processing of your Personal Information infringes European Union data protection laws or Great Britain Data Protection Laws, in particular if you are an EU resident or resident of Great Britain, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work, or the place of the alleged infringement. For example, in the United Kingdom this is the Information Commissioner’s Office, and in Ireland this is the Data Protection Commissioner.
13. Contact for More Information
If you have any questions or concerns about our privacy policies and practices, please contact us at admin@screentimemaster.com or by mail to: Screen Time Challenge P/L, Attn: Data Protection Officer, 200 Railway Parade, Kogarah NSW 2217.
California Privacy Policy
1. What Information is Covered by this Notice?
This Notice relates to our collection, use, and disclosure of California consumers’ personal information. “Personal information,” as used herein, generally means information that relates to you or your household. The chart below identifies the categories of personal information we have collected about California consumers in the previous 12 months. We have also identified the categories of personal information that we have disclosed for a business purpose in the preceding 12 months and the categories of third parties to whom the information was disclosed.
2. What Are The Sources From Which Personal Information is Collected?
We have identified the categories of sources from which we collect personal information in Section 1 of our Privacy Policy (Information we collect and how we use it).
3. How Do We Use Personal Information?
We may use your personal information for a variety of business or commercial purposes. For a detailed list explaining how we may use personal information, please see Section 1 of our Privacy Policy (Information we collect and how we use it). For information relating to how we use the personal information we collect relating to children, please see Section 3 (Children’s Privacy Rights) of our Privacy Policy.
4. Who Do We Share Personal Information With?
Under certain circumstances, we may share your personal information with third parties. The chart above in Section 1 (What Information is Covered by this Notice) identifies the categories of personal information that we have disclosed for a business purpose in the preceding 12 months and the categories of third parties to whom the information was disclosed. Screen Time Master does not sell personal information including personal information of minors under 16 years of age.
5. Your CCPA Rights.
Subject to certain exceptions, the CCPA affords California consumers the following rights:
5.1. Request to Know. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you any or all of the following, as requested by you:
• The specific pieces of personal information we collected about you.
• The categories of personal information we collected about you.
• The categories of sources from which we collect personal information about you.
• The categories of personal information that we have disclosed about you for a business purpose.
• The categories of third parties to whom we have disclosed your personal information for a business purpose.
• Our business or commercial purpose for collecting personal information.
5.2. Request to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete, as applicable) your personal information from our records, unless an exception applies.
5.3. Request to Opt-Out of the Sale of Personal Information. California consumers have the right to opt out of the sale of their personal information by a business. As noted above, however, Screen Time Master does not sell personal information.
5.4. No Discrimination. You have a right not to receive discriminatory treatment by Screen Time Master for the exercise of the privacy rights conferred by the CCPA.
6. How to Exercise Your CCPA Rights
6.1. Submitting a Request to Know. You may submit a Request to Know by emailing us at admin@screentimemaster.com.
6.2. Submitting a Request to Delete. You may submit a Request to Delete by emailing us at admin@screentimemaster.com.
6.3. Verification Methods. Once you submit a request, we will verify that you are the consumer to which the request pertains by matching the identifying information provided by you (e.g. name, email address, account-related information) to the information we maintain. Depending on the type of request you submit, we will attempt to match either two or three of the data points you provided. If we are unable to verify your request with the data points you provided, we may reach out to you for additional information to verify your request.
7. Alternate Format of CCPA Notice.
If you have a disability that prevents or limits your ability to access this CCPA Notice, please email us at admin@screentimemaster.com. We will endeavour to work with you to provide this notice in an alternative format that is suitable to you.
8. Contact for More Information.
If you have any questions or concerns about our privacy policies and practices, please contact us at admin@screentimemaster.com or by mail to: Screen Time Challenge P/L, Attn: Data Protection Officer, 200 Railway Parade, Kogarah NSW 2217.
Terms of Use
1. The Services
1.1. In order to access the Services, you are required to register for an account through the Application (the 'Account').
1.2. As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as a username and an email address).
1.3. You warrant that any information you give to STM in the course of completing the registration process will always be accurate, correct and up to date.
1.4. Once you have completed the registration process, you will be a registered member of the Application ('Member').
1.5. You may not use the Services and may not accept this Agreement if:
a. you are not of legal age to form a binding contract with ; or
b. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
1.6. You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
1.7. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorised use of your password or email address or any breach of security of which you have become aware;
1.8. You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
1.9. Any content that you broadcast, publish, upload, transmit, post or distribute on the Application ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
1.10. You agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Member/s becomes available to you);
1.11. Access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;
1.12. STM has a provisional patent and you will not access or use the Services or the Application in connection with any commercial endeavours without approved in writing by the senior management of STM after receiving approval from the board and providing you with a copy of the minutes of same;
1.13. You agree not to copy, breach copyright, make derivative works, reproduce, reverse compile, reverse engineer, download, distribute, display or edit any part of the services without approved in writing by the senior management of STM after receiving approval from the board and providing you with a copy of the minutes of same;
1.14. This App is for personal/consumer use only and not for commercial purposes. You agree not to use more than the subscription service you have selected and paid for. No business or institution may access this service for commercial use, even if they remain under the subscription limit for the Services. By downloading and using the App and the Services, you represent that you are and will remain in compliance with the restrictions set forth in this Agreement.
1.15. You will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
1.16. You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by STM for any illegal or unauthorised use of the Application; and
1.17. You acknowledge and agree that any automated use of the Application or its Services is prohibited.
2. Refund Policy
2.1. Since Apple/Google is only a facilitator in introducing you to STM and providing a system to make safe payment, they do not hold any liability to you directly and will not personally refund you any payments made in the use of Services.
2.2. Notwithstanding the above clause, You may cancel your Subscription Services at any time. Your billing will continue until the end of the period you have selected. We do not provide refunds or credits for any retrospective period including non-use and/or partial time left on your account. To ensure proper cancellation of your service, please cancel at least 24 hours before the end of your next billing cycle. We are not responsible for any charges that are incurred as a result of failing to cancel your Subscription Services within 24 hours of your next billing cycle. To cancel, please access App Settings then Subscription and Account from within the STM Application. For assistance with your account or cancelling your subscription, please email your query to admin@screentimemaster.com.
3. Copyright and Intellectual Property and Acceptable Use
3.1. The Application, the Services and all of the related products of are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by or its contributors.
3.2. All trademarks, provisional patents, patents, service marks and trade names are owned, registered and/or licensed by STM , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a paid subscription Member to:
a. use the Application pursuant to the Terms;
b. download the Application and the material contained in the Application in your device; and
c. utilise the services that you have paid for.
3.3. STM retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
a. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
3.4. You may not, without the prior written permission of and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
3.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to STM a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
3.6. You acknowledge that you will only use the Services and any App, solely to monitor a device used by a person for which you are the legal parent or guardian. You acknowledge that you will not use the Services or any App, to monitor a device used by any person over the age of consent in the applicable jurisdiction. Further, for any individual using a device monitored through the use of the Services or any App, you acknowledge that all legal parents or guardians have provided informed consent for the monitoring taking place.
3.7. You agree not to use the Services to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
3.8. You agree not to use the Services to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bats, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Services or servers or networks connected to the Site (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Services, Site or any App.
4. Device Application
You may access the Services via a device (“Device Application"). To use the Device Application, you must have a device that is compatible with the Device Application and a device software version that is compatible with the Device Application. STM does not warrant that the Device Application will be compatible with your device. You may use mobile data in connection with the Device Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. STM hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Device Application as per your subscription. You agree not to: (i) modify, disassemble, decompile or reverse engineer the Device Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Device Application to any third party or use the Device Application to provide time sharing or similar services for any third party; (iii) make any copies of the Device Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Device Application, features that prevent or restrict use or copying of any content accessible through the Device Application, or features that enforce limitations on use of the Device Application; or (v) delete the copyright and other proprietary rights notices on the Device Application. You acknowledge that STM may from time to time issue upgraded versions of the Device Application, and may automatically electronically upgrade the version of the Device Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Device Application is covered by the applicable open source or third-party license EULA (End User Licence Agreement), if any, authorising the use of such code. The foregoing license grant is not a sale of the Device Application or any copy thereof, and STM or its third-party partners or suppliers retain all right, title, and interest in the Device Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. STM reserves all rights not expressly granted under this Agreement. The Device Application originates in Australia. You agree to comply with all Australian and foreign laws related to use of the Device Application and the Services.
5. Device Application downloaded from any application facilitators
The following applies to any Device Application you acquire from any application facilitators (“the facilitator"), including Apple App Store, Google Play and any other application facilitators: You acknowledge and agree that these Terms are solely between you and STM, not Apple, Google or any application facilitators (“the facilitator") and that the facilitator has no responsibility for the Application Store-Sourced Application or content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service. You acknowledge that the facilitator has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify the facilitator, and the facilitator may at their sole discretion refund the purchase price for the App Store-Sourced Application to you; to the maximum extent permitted by applicable law, the facilitator will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to STM as provider of the software. You acknowledge that the facilitator is not responsible for addressing any of your claims or those of any third party relating to the App Store-Sourced Application or your possession and/or use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to STM as a provider of the application. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, STM, not The facilitator, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and STM acknowledge and agree that the facilitator, and the facilitator’s subsidiaries, are third-party beneficiaries of this Agreement as it relates to your license of the App Store-Sourced Application, and that, upon your acceptance of this Agreement, The facilitator will have the right (and will be deemed to have accepted the right) to enforce this Agreement as it relates to your license of the App Store-Sourced Application against you as a third-party beneficiary thereof.
6. Privacy
STM takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to STM's Privacy Policy, which is available at Privacy Policy, and our California Privacy Notice, available at Californian Privacy Policy, is incorporated into this Agreement by reference.
You agree that personal information, technical information, User Content, other information, and to the degree described in the Privacy Policy, Personal Data collected or received by STM in connection with the Service, Site, and/or App may be transferred, stored and processed in Australia by STM, our affiliates, or our third party data processing partners pursuant to the legal requirements. By downloading, installing, using the Service, Site, and/or App, and providing consent as required, you agree to the processing of both technical and personal information in Australia and for STM to provide a copy of same to any of our Data Representatives or Data Protection Authorities who are legally required to request same.
7. General Disclaimer
7.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2. Subject to this clause, and to the extent permitted by law:
a. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
b. we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of STM) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
c. costs incurred as a result of you using the Application, the Services or any of the products of ; and
d. the Services or operation in respect to links which are provided for your convenience.
7.4. You acknowledge that Application and the Services are only intended to facilitate the interactions between STM and you and does not offer any services other than the Services and holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
8. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of STM. Competitors are not permitted to use or access any information or content on our Application or Services. If you breach this provision, STM will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
9. Limitation of Liability
STM's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you, or if you do not want the resupply of services to you. will at all times be limited to the greater of (a) sixty Australian dollars or (b) amounts you’ve paid STM in the prior 12 months (if any). in no event shall STM’s suppliers have any liability arising out of or in any way connected to this agreement.
9.1. You expressly understand and agree that, STM its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9.2. You acknowledge and agree that STM holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing the services to you.
9.3. STM is not responsible in any way for the performance of the Services which can be affected by many factors unknown to STM which includes, but is not limited to; your access to the internet, the device you use including but not limited to the condition of your device, the version of the software your device runs, the memory of your device, the way you interact with your device, any viruses past or present associated with your device, how you install updates on your device, the age of your device, the model of your device, the wear and tare of your device and all users of your device and their behaviours.
10. Termination of Contract
10.1. If you want to terminate the Services you may do so by providing STM with 14 (Fourteen) days' notice of your intention to terminate by sending notice of your intention to terminate to STM via the 'Contact Us' link on our homepage.
10.2. If you terminate the Services you agree that you will no longer be entitled to access the Services and will immediately cease access or use of the Services.
10.3. STM may at any time, terminate the Services with you if:
a. you have breached any provision of the Terms or intend to breach any provision;
b. is required to do so by law;
c. is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
d. the provision of the Services to you by STM is, in the opinion of STM at its absolute discretion no longer commercially viable.
10.4. Subject to local applicable laws, STM reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts 's STM’s name or reputation or violates the rights of those of another party.
10.5. When the Services come to an end, all of the legal rights, obligations and liabilities that you and have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
11. Indemnity
You agree to indemnify STM its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
11.1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Services;
11.2. any direct or indirect consequences of you accessing, using or transacting with the Services or attempts to do so; and/or
11.3. any breach of the Terms.
12. Dispute Resolution
12.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). The Personal Data rights of Data Subjects of the European Union and United Kingdom are not affected by the following paragraph.
12.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
12.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
a. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b. If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved (the Parties The Personal Data rights of Data Subjects of the European Union and United Kingdom are not affected by the following paragraph) shall be exclusively settled through binding arbitration through the Australian Centre for International Commercial Arbitration (“ACICA") pursuant to the ACICA’s then-current rules for commercial arbitration. Any such arbitration proceeding will be conducted solely in English. The seat of arbitration shall be Sydney, Australia and the law governing this Arbitration Agreement shall be the substantive law that applies in the seat of the arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND STM IRREVOCABLY AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION and notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, or, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the International Arbitration Act 1974 (Cth) (IAA). The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if STM makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to STM. Information on ACICA and how to start arbitration can be found at https://acica.org.au/ or by calling +61 (0) 2 9223 1099.
c. This Agreement is governed by the laws of New South Wales, Australia without regard to conflict of law principles. If the arbitration in this section provision is found unenforceable or not to apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in New South Wales, Australia.
d. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
12.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13. Governing Law
The Terms are governed by the laws of, New South Wales Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of, New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
15. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.