Introduction

1. Your use and participation in lyf is governed by these Terms of Service. These Terms of Service form a binding legal agreement between you and Lyf App Pty Ltd (ACN 165 855 185) (lyf).

2. By continuing to use lyf you are deemed to have accepted these Terms of Service including the terms of our privacy policy, which is carefully designed to protect your personal information. If you do not agree to these Terms of Service then please do not register to use lyf.

3. We may alter these Terms of Service at any time. The most current copy of these Terms of Service will be available at any time on our website.

Privacy and lyf community guidelines

4. These Terms of Service also include our privacy policy and our community guidelines. This means that by agreeing to use the lyf service in accordance with these Terms of Service, you acknowledge and agree:

a. we may collect and use your personal information in accordance with our privacy policy; and

b. you will participate and use the lyf service in accordance with our community guidelines, including any updates or amendments made to our privacy policy and/or community guidelines that may be made by us from time to time.

Lyf: a compliant forum

5. The social and interactive nature of lyf necessarily means we require all of our users to abide by the law and these Terms of Service. Set out below in these terms are details of the key Dos and Don’ts that apply to your participation in lyf.

6. By registering an lyf account and commencing your first journey you warrant to us that the content is lawful and does not, for example, infringe upon any person’s rights (including any person’s intellectual property rights).

We respect your content

7. You own all of the content and information that you contribute to your lyf account and your journeys under this Agreement. You may delete your content from your account at any time.

8. To enable us to provide the lyf service to you, you grant lyf a nonexclusive, worldwide, perpetual and royalty-free licence to use, copy, communicate online and publish the content you and your supporters have contributed to create.

A few things about you before we get started

9. By registering an lyf account you represent to us on a continuing basis that you:

a. have not previously been suspended from using lyf or otherwise had an lyf account terminated;

b. will only use your lyf account for the purpose of your personal journeys – i.e. you will not use your account for the purpose of promoting commercial ventures or journeys;

c. are at least eighteen years of age or otherwise, if you are a minor, you have obtained consent from a parent or guardian for the registration of your lyf account;

d. have authority to enter into the agreement represented by these Terms of Service;

e. will not infringe the rights, including intellectual property rights, of lyf or our licensors; and

f. understand that access to the lyf services involves the provision, at your cost, of all equipment, software, mobile access, and internet access necessary to use the services.

Security of your account

10. You must, at all times:

a. Use your correct first name and surname;

b. keep your lyf account password secure and confidential;

c. not permit others to use your account;

d. not use other lyf members’ accounts; and

e. not license or assign your account or otherwise seek to commercialise your lyf account.

Your rights to use the lyf service

11. Subject to your ongoing compliance with these Terms of Service, lyf grants to you a non-exclusive and revocable licence to use and access the lyf service via a generally available web browser or mobile device (your lyf licence).

12. Your lyf licence is not assignable and cannot be sublicensed. You must not use your lyf licence for any purpose other than its intended purpose. For example, and without limitation, you must not use your lyf licence for unauthorised data collection purposes through scraping, spidering, crawling or similar means.

Required to Do

13. When using lyf you must at all times:

a. Use lyf for lawful purposes only.

b. Provide accurate information to lyf.

c. Respect the intellectual property rights of others.

d. Only post original content (i.e. content that does not infringe another person’s copyright) to your lyf account.

e. Report to us any breaches (known or suspected) of another person’s rights that you may identify during your use of lyf.

f. Take appropriate steps to protect your own personal and sensitive information such as your address and telephone numbers, and otherwise review and comply with our privacy policy.

g. Review and comply with notices sent to you by lyf.

Please Don't ...

14. You must not:

a. Post content that is defamatory, untruthful, discriminatory or otherwise objectionable or otherwise designed (intentionally or otherwise) to injure a person’s reputation.

b. Harass or otherwise send unwelcome content to other lyf members.

c. Post content that infringes any person’s rights including their intellectual property rights.

d. Post content that you do not have the right to post – for example, you must not post content that would breach a contractual obligation owed to another party or content that would involve a breach of confidence.

e. Create false accounts or profiles for people other than yourself.

f. Post or send any unsolicited or unauthorised advertising, promotional materials, junk mail or spam via your account or the lyf service.

g. Introduce any software viruses or any other malicious computer code or file designed or intended to destroy, interrupt or limit lyf’s functionality and/or members’ access to their lyf accounts.

h. Use bots or other automated methods to access lyf.

i. Reverse engineer the lyf service. For example, you must not attempt to decompile, disassemble or otherwise derive our underlying source code in the lyf platform.

j. Attempt to (or actually) override any security measures within the lyf service or otherwise seek to interfere with or disrupt lyf’s services, including, but not limited to, any servers or networks connected to lyf.

k. Misrepresent an association, affiliation or sponsorship with lyf that you do not have.

l. Seek to loan, license, sell or otherwise monetise your lyf account or the lyf platform or associated services in any way.

m. Remove any copyright, trade mark or other proprietary rights notices contained in or on lyf.

Lyf Intellectual Property

15. You acknowledge and agree that the lyf service including all lyf trade marks, copyright and any patents (whether or not registered) represents the exclusive intellectual property rights of lyf. Lyf grants you a restricted, revocable and non-exclusive licence to use the lyf service (including all intellectual property rights in the service) subject to your compliance with these Terms of Service.

16. You must not infringe our intellectual property rights.

Reporting instances of copyright infringement

17. If you believe in good faith that content has been posted on lyf that infringes your copyright or is otherwise in breach of these Terms of Service then you may submit a take-down notice directly to lyf.

18. Please send your notice to lyf at copyright@lyfapp.com.au

19. Your take-down notice must contain the following minimum details:

a. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.

b. A description of the relevant copyright materials that you claim to have been infringed.

c. A description of the location on the lyf website (e.g. details of the relevant member’s account) of the allegedly infringing material.

d. Your contact details including your phone number and email address.

e. A signed statement by you that: (i) you have a good faith belief that the disputed use is unauthorised by you (or the relevant copyright owner you represent); and (ii) you understand that you may be liable for making false allegations or otherwise providing false information or falsely representing your authority to make the complaint.

Our liability to you

20. You acknowledge and agree that:

a. Lyf provides the lyf platform and service on an “as is” and “as available” basis.

b. Lyf does not control or vet user-generated content for accuracy. Further, we do not have an obligation to verify the identity of any registered user or to otherwise monitor the use of members’ accounts and their journey content.

c. Lyf does not provide any express warranties or representations regarding the lyf service. To the fullest extent permissible under applicable law lyf disclaims any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for purpose, title, and non-infringement.

d. Lyf does not guarantee that the lyf services (including your account) will function without interruption or errors. Specifically, lyf’s operation may be interrupted due to maintenance, updates, or system or network failures. We disclaim all liability for damages caused by any such interruption or errors in functioning.

21. If you are in any way dissatisfied with the lyf service you are free to close your lyf account at any time and to otherwise terminate this agreement in accordance with its terms.

22. Termination will be your sole and exclusive remedy against lyf and its officers, employees, agents and contractors.

23. To the maximum extent permitted by law Lyf App Pty Ltd and its officers, employees, contractors and agents exclude all liability to you arising from your use of lyf.

24. To the extent we cannot exclude liability to you, e.g. because of laws that prohibit the exclusion of liability for the breach of certain minimum implied warranties or guarantees then our liability to you is limited, at our option, to either:

a. the resupply of the relevant service to you; or

b. the cost of resupplying that service to you.

25. You indemnify Lyf App Pty Ltd and its officers, employees, contractors and agents against any and all damages, losses and costs (including but not limited to our reasonable legal fees) relating to all third party claims, proceedings and investigations arising from your use of lyf and any breach by you of these Terms of Service.

Termination

26. You may terminate your account with lyf at any time by notice to lyf.

27 We may temporarily suspend or permanently terminate your account at any time with or without notice to you if:

a. you breach these Terms of Service, or

b. we have reasonable grounds to suspect your material breaches any of these Terms of Service, or

c. we have reasonable grounds to suspect your use of lyf is contrary to any acceptable use policy relevant to the hosting and delivery of the lyf platform, or

d. we have reasonable grounds to suspect your use of lyf breaches any law in any jurisdiction.

28. Without limiting the above, lyf reserves the right to withhold, remove or discard any content available as part of your account in any or all jurisdictions in which the lyf service operates.

29. Upon termination of your lyf account for any reason, you will no longer have access to your account or the lyf services. The terms of this Agreement relating to your obligations, liability, indemnity, and intellectual property infringement will survive any termination.

General

30. These Terms of Service constitute the entire agreement between you and lyf with respect to its subject matter and supersedes all other oral or written representations, understandings or agreements relating to the subject matter.

31. Lyf reserves the right to modify, supplement, or replace these Terms of Service. Any such change will operate prospectively and will be communicated to you via posting on lyfapp.com. If you do not agree to any new modification or other change to these Terms of Service then you may terminate your account in accordance with these terms.

32. You may not assign or delegate any rights or obligations under these Terms of Service. Any purported assignment and delegation will be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Service, fully or partially without notice to you.

33. You are prohibited from seeking, or otherwise claiming an entitled to, rescission, injunctive or other equitable relief or from seeking to restrain the operation of the lyf service.

34. This Agreement takes effect, is governed by and will be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the Courts of that jurisdiction. You may not challenge the application of this jurisdiction on any grounds including on the basis that it is an inconvenient forum.