TEMPL APP SUBSCRIPTION TERMS AND CONDITIONS

Please carefully read the following terms and conditions relating to your access and/or use of the Templ App mobile application (the “App”) and your access to and/or use of your subscription to the App (a “Subscription”) so that you are completely clear on the nature of our Agreement. If you have any questions or queries, please reach out to us at your convenience. By opening an Account (defined below) and signing up to a Subscription via the App, you agree to the terms and conditions set forth in this agreement (this "Agreement"). The App is owned and operated by Templ App Pty Ltd (ABN 93 652 280 218) (“we”, “us”, “our”, “Templ”).

Scope of Agreement

  1. This Agreement is effective from the date you open an Account and sign up to a Subscription. In order to validly open an Account, sign up to your Subscription and participate in any Content (defined below), you must be aged eighteen (18) years or over.
  2. If you are entering this Agreement on behalf of a business, company or other entity, you represent that you have the authority to, and do hereby, bind such entity to this Agreement, and references to “you” or “your” will refer to such entity. If you do not have such authority, or if you do not agree with the terms in this Agreement, you must not accept this Agreement and neither you nor such entity should use the App, open an Account or view or engage in any Content.
  3. For clarity, this Agreement relates to your Account, your Subscription, the App and all Content, now and in the future, unless Templ expressly specifies otherwise.
  4. This Agreement applies in conjunction with our Privacy Policy at https://templapp.com/privacy-policy, which should be read together with this Agreement, in addition to any end user licence agreement that may apply to the App itself (“EULA”). To the extent of any inconsistency between this Agreement and our Privacy Policy, Website Terms and Conditions or any EULA, this Agreement shall prevail to the extent of the inconsistency.
  5. We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By accessing your Account, using the App or accessing any Content after any changes are made to this Agreement and posted on our website/s or you are otherwise notified of such changes, you hereby agree to accept those changes, whether or not you have reviewed them. If you do not agree to this, you should not open or access an Account or view any Content and you should arrange to cancel your Account and delete the App.
  6. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, features or events ("Additional Terms"). Such Additional Terms may be placed on our website at https://templapp.com, or otherwise accessible, to be viewed in connection with the specific content, features or events and shall be identified as such. You understand and agree that any such Additional Terms are hereby incorporated by reference into this Agreement.

Your Use of the App, your Subscription and your Account

  1. By using or accessing your Subscription, you agree to be legally bound and to abide by this Agreement. If you do not comply with this Agreement at any time, Templ reserves the right to cancel or terminate your Account and/or your Subscription and/or access to the App (or any part thereof) or any other online tools we may provide. In its sole discretion and without prior notice or liability, Templ may discontinue, modify or alter any aspect of the App or the nature of Subscriptions, including, but not limited to, (i) restricting the time any Subscription, Content and/or the App is available, (ii) restricting the amount of use and/or access permitted, and (iii) restricting or terminating your right to use your Subscription and/or access to any Content and/or the App. You agree that any termination or cancellation of your access to or use of your Subscription, Content and/or the App may be effected without prior notice to you. We will always, at all times, act reasonably in enforcing these rights, however, must reserve all rights to do so to protect Templ and other users.
  2. Unless otherwise specified, by signing up to a Subscription, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Content and the subscription-related elements of the App and the material provided thereon for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a user of, or subscriber to, your Subscription, any Content and/or the App. You agree to be financially responsible for your Subscription.
  3. If you do not abide by the terms of this Agreement you agree that Templ may immediately deactivate or delete your Account and all related information and/or files in your Account and/or bar any further access by you to such information and/or files, Content and/or the App (or part thereof). Further, you agree that Templ shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, your Account, your Subscription, Content and/or the App, except for a refund of any fees or charges subject to law or any refund policy we may institute. You acknowledge that, subject to law, your only right with respect to any dissatisfaction with any modification or discontinuation of services provided by Templ pursuant to this Agreement, or any policies or practices by Templ in providing Subscriptions, Content and/or the App, including without limitation any change in Content or any change in the amount or type of fees or charges associated with the Content, is to cancel or terminate your Subscription.
  4. You understand that in order to use any of the App’s functions (including to sign up to a Subscription and access Content), you must create and register a user account on the App using a unique username and password (an “Account”). All information provided when registering an Account must be accurate and up-to-date.
  5. You agree not to make more than one (1) Account and you agree that you will never sell, trade or transfer your Account details.
  6. You are entirely responsible for maintaining the confidentiality of your log-in details including your username and password. You must notify us immediately in the event of any known or suspected unauthorised access or use of your Account including a breach of security (either known or suspected) or loss, theft, or unauthorised disclosure of your or anyone else's password, log-in details or credit card information. In the event of a breach of security by you or someone else, you will remain liable for any unauthorised use of your Account, including any payments made. You are entirely responsible for any and all access to any Subscription or the accessing of any Content which occurs from your Account.
  7. We reserve the right, in our complete discretion and without notice, to suspend or cancel any Subscription if we believe, for any reason, that you have misused your Account or have not adhered to this Agreement (or any part of this Agreement).
  8. You agree that any data from your Account (including data relating to your Subscription and/or use of Content) which does not constitute personally identifiable information may be used by us for marketing, business development and statistical purposes.

Subscription Fees and Payments

  1. You acknowledge that Subscriptions are subject to Templ’s pricing and other terms. Where applicable, Subscriptions can be paid for using a valid credit card (or other form of payment which Templ may accept from time to time) and include fixed charges, applicable taxes and other charges and fees incurred.
  2. Once you have opened an Account, you may have access to content on the App (including the Content) free of charge for a total of fourteen (14) days (the “Trial Period”). After the Trial Period concludes, your Subscription will be updated to a recurring plan for the plan you initially purchased (whether a monthly plan or a multiple period plan such as three (3) months or twelve (12) months). We will then automatically charge your credit card the applicable standard fee when it comes to renew your plan, repetitively, over the period of time you have selected, unless you cancel your Subscription.
  3. We reserve the right to increase any Subscription price, charge or fee, or to institute new charges or fees at any time, upon advance notice communicated to you by any means as we may reasonably deem appropriate from time to time (including electronic mail, text message or conventional mail).
  4. Payments via credit card are managed by a third-party processing service and Templ accepts a valid credit card, debit card or other payment account. Should your payment fail, you will be notified by email.
  5. In addition to the Subscription fees and charges (where applicable), you are responsible for all charges and fees associated with signing up for, using and in connection to your Subscription and connecting to the App, including without limitation Internet service provider fees, telephone, computer and printer equipment, sales taxes and any other fees and charges necessary to use or access your Account, your Subscription or the App. In addition, you may incur an additional processing and/or merchant charge from your financial institution on each payment you make for a Subscription.
  6. For the purposes of your access to Content and use of your Subscription, including identification and billing, you agree to provide us with true, accurate and complete information as required by the sign up process ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your Account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us, to keep it accurate at all times. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your Account or Subscription and refuse any and all current or future use and/or access by you to your Subscription (including any Content) or App (or any portion thereof). You are obligated to check your Account to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data. You agree not to open an Account on behalf of someone else, or create a false or misleading identity on the App.
  7. If your Account or Subscription is revoked for any reason, you agree not to register another Account using another username or through any other means unless approved by Templ. If we have reason to suspect, in our sole discretion, that your Account has previously been terminated, we reserve the right to terminate any new Account/s you have registered without any notice to you, or to exercise any other remedies available to Templ under this Agreement or by law.
  8. Certain portions, components and features of the App are only available if you have a valid Subscription. You are responsible for paying any amounts billed to your credit card by a third-party which were not authorised by you.

Cancellation of your Subscription

  1. Either you or we may terminate or cancel your Subscription at any time. Subject to law, should you wish to cancel your Subscription, refunds are not permitted (unless otherwise stated), and you shall be committed to the full term of your Subscription. A cancellation fee may apply to cover any administration costs incurred prior to cancellation of your Subscription.
  2. Except for your statutory rights, which are unaffected, you agree that all fees and charges assessed by Templ are non-refundable. Non-refundable fees include the full upfront Subscription fee paid in advance for any subscription period regardless of whether you have accessed the App or any Content during that period.

Availability of your Subscription

  1. The availability and use of your Account, your Subscription and access to Content, may be limited based on demographic, geographic, health or other criteria as Templ may establish from time to time. You understand and agree that Templ may disallow you from accessing your Account, your Subscription and/or Content (or any part thereof) or may terminate your Account and/or your Subscription at any time based on these criteria.

Content

  1. You understand that by signing up to a Subscription, you will have access to general health and wellbeing information and exercise related materials including, but not limited to, videos, classes, worksheets, programs and workbooks (collectively “Content”) to self-manage your health and (where relevant) existing health conditions. Content may be provided in the App or on other media we control such as our website or other online tools. You also understand that the App and Content have been developed to promote behavioural changes and improve general health and wellness. Without a Subscription, you will not have access to any Content.
  2. You understand that the App and any Content does not, and should never, replace the assessment and care of a healthcare professional (“HCP”). You should always seek the help of an HCP to diagnose, monitor, predict, prognose, treat or alleviate any disease, injury or disability and the App should only be used to assist in this regard, never as a replacement.
  3. We do not make any warranties or representations regarding the quality or accuracy of any information provided within the Content, including health information.
  4. We reserve the right to remove, alter, update or amend any Content at any time for any reason in our absolute discretion without prior notice.
  5. We take no responsibility and do not endorse any information, content, advertising, products, or other materials, goods or services that comes from any third-party website, application or resource even if we provide a link to such third-party website, application or resource. Furthermore, you acknowledge that we take no responsibility for the accuracy of the information or content available via third-party websites or resources, including, but not limited to, government websites, and will not be liable for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or access to any third-party website, application or resource.

Health Disclaimer

  1. The App is not a medical device or diagnostic tool and does not, and should never, substitute the professional diagnosis of an HCP. Your participation in or relating to any Content is done at your own risk and we do not take any responsibility for any liability arising from your use of the App to the extent permissible at law. If participation in any Content (or part thereof) causes pain or discomfort, you should immediately cease participation in the Content and contact your HCP.
  2. You agree that there is always a risk that your participation in any Content (or part thereof) may cause harm or injury. By participating in any Content, you agree that you are aware of such risks and that you have no health conditions or injuries preventing your participation.
  3. You are aware that all Content is for demonstration purposes only. You acknowledge that the Content has been created for general and personal use only. For specific exercises and specific information, you should always consult an HCP.
  4. Templ will not be liable for any direct, indirect, consequential or special damages arising from the use of the App, a Subscription or any Content, subject to law.

Intellectual Property

  1. Templ is the sole owner of all the copyright, trademarks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the App and Content unless otherwise specifically stated.
  2. By accessing the App, you agree that you will not republish, reproduce, copy, sell, modify or otherwise exploit (in full or in part) any material within the App without our express written consent.

Disclaimers of Warranties

  1. YOU AGREE THAT YOUR USE OF YOUR ACCOUNT, THE SUBSCRIPTION, THE CONTENT AND THE APP AND ANY OTHER ONLINE TOOLS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEMPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR SUBSCRIPTION, THE APP, THE CONTENT AND/OR ONLINE TOOLS AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, TEMPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OR INFORMATION CONTAINED IN ANY CONTENT AND/OR THE APP OR ONLINE TOOLS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF YOUR SUBSCRIPTION, THE APP, CONTENT AND/OR ONLINE TOOLS, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CONTENT AND/OR THE APP OR ONLINE TOOLS, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APP, THE CONTENT OR ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP OR ONLINE TOOLS. TEMPL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH ANY CONTENT AND/OR ONLINE TOOLS AND TEMPL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    TEMPL DOES NOT WARRANT THAT THE CONTENT, THE APP AND/OR ONLINE TOOLS, OR THE SERVERS ON WHICH THE APP, CONTENT AND/OR ONLINE TOOLS ARE HOSTED, ARE FREE OF SOFTWARE VIRUSES OR DEFECTS. ACCORDINGLY, TEMPL IS NOT LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF ANY SUCH VIRUSES OR DEFECTS.

Limitation of Liability

  1. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TEMPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT AND/OR INFORMATION CONTAINED IN CONTENT, THE APP AND/OR ONLINE TOOLS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF YOUR SUBSCRIPTION OR USE AND PARTICIPATION IN ANY CONTENT, THE APP, ONLINE TOOLS AND/OR ANY TEMPL SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY CONTENT, THE APP, ONLINE TOOLS AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CONTENT, THE APP AND/OR ONLINE TOOLS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF TEMPL, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. FOR CLARITY, NOTHING IN THESE TERMS PURPORTS TO OR DOES LIMIT THE APPLICATION OF ANY STATUTORY CONSUMER WARRANTIES OR RIGHTS.

    YOU SPECIFICALLY ACKNOWLEDGE THAT TEMPL SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

  1. To the extent permitted by law, you agree to defend, indemnify and hold harmless Templ, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to any Content, the App and online tools; (ii) your violation of any term of this Agreement; or (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Content, the App and/or online tools.

Governing Law and Choice of Forum

  1. This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Online Tools (including, without limitation, Content or any part of Content) or this Agreement shall be filed only in the state or federal courts located in Victoria, Australia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Miscellaneous Terms

  1. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement is the entire agreement between you and Templ relating to the subject matter herein.
  2. Templ may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Templ successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.