L2B Terms & Conditions

Life2B Terms of Use

Background

In a Nutshell: You can access and use the Life2B website and application if you agree to these terms of use.

These Terms of Use (“Terms”) govern your use of the website located at https://www.life2b.com and any subdomains and any other websites through which we make our services available to you (collectively “Website”), any mobile, tablet or smart device applications and application program interfaces (collectively “Application”) where the Website and Application together are referred to as the “Platform” and form a binding contractual agreement between you, the user of the Platform and Life2B Pty Limited ACN 616 535 383 (“us”, “we” or “our”).
For that reason these Terms are important and you should ensure that you read them carefully. You may contact us with any questions before you use the Platform by accessing our Life2B ‘Get in touch’ page on our website (https://life2b.com/contact.php) and requesting assistance.
The Platform is a secure media platform allowing Users to capture, store and keep life stories, memories and moments safe in various forms of media including but not limited to photos, videos, audio and text. The Platform also allows Users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material.
By using the Platform you acknowledge and agree that you have read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Platform.

Definitions

In a Nutshell: A few common terms you’ll find across these terms of use.
1. “Confidential Information” means any of our information or information about a User which is designated as confidential or which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential.
2. “Content” means anything that is uploaded, posted or otherwise transmitted through the Platform, including without limitation all information, data, text, photos, images, music and audio, and when it is introduced to the Platform by you, it is your Content.
3. “Fee” means any applicable fees in United States Dollars that may be payable by the User as set out on the Platform from time to time.
4. “Intellectual Property” means all intellectual property rights (including, without limitation, copyright, designs, all registered and unregistered trade marks and designs, patents, source code, software data, solutions, all existing and future code) of any nature in any technology, trade secrets, lists, User details (including, but not limited to, User emails, telephone numbers and addresses) and User-related information, software, program, inventions, designs, works and subject matter belonging to us.
5. “Membership” means an application through the Platform, for a User name, account and password.
6. “Membership Data” means any information provided by you to us in any registration form on the Platform or otherwise.
7. “Platform” means the use of any of the Website, Application or Services.
8. “Services” means the continued use of any further features or functions of the Platform which require the payment of a Fee by way of subscription.
9. “Third Party” means any individual or entity other than us.
10. “Third Party Platform” means any products, services, applications and platforms including services supplied by any entity to you other than us.
11. “User” means any person or any other party who accesses the Platform and/or uses the Services, regardless of the nature of that access or if that party is or is not identified to us.
12. “You” means a User or any other party currently accessing the Platform and/or using the Services on your behalf.
General

In a Nutshell: These are general terms to assist you interpret the various clauses and obligations included in the terms of use.
1. These Terms prevail in the event that anything in, or associated with, the Platform and/or Services is inconsistent with these Terms.
2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
3. Headings and “In a Nutshell” summaries in the Terms and Privacy Policy are for convenience only and do not affect interpretation and are not intended in any way to substitute the substantive provisions and clauses of the Terms.
4. We are not liable whatsoever to you for any direct or indirect losses and/or expense suffered by you arising out of a breach by us of these Terms, including our negligence in the delivery of the Services and/or our failure in making the Platform available or accessible.
5. Our failure to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
6. We may provide any notice required under these Terms by publishing the notice on the Platform (“Notice”).
7. We may amend or vary these Terms at our sole discretion by giving Notice and the varied Terms are to take effect immediately upon Notice being given. Your continued use of the Platform and/or the Service after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please immediately cease using your use of the Platform and/or terminate your Membership.
8. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us and supersede any prior versions of these Terms and all other communications whether oral or written, express or implied.
9. You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professionals in relation to these Terms.
Use of Platform

In a Nutshell: You may use the Life2B website and app (including our free features offer) but you agree that we are not responsible for certain things about the website or app (for example any content published or any third party platform).
1. We grant you a non-exclusive, non-transferable licence to use the Platform and Services in accordance with the terms and conditions set out in these Terms.
2. We may, at our sole discretion, offer free access to the Services for a limited period of time or data storage consumption which is subject to change from time to time and as notified on the Platform (“Free Features”). At any time and without notice, we reserve the right to modify the terms and conditions of the Free Features or cancel such Free Features at our sole discretion.
3. You will be required to enter your billing information in order to be entitled to the Free Features. If you do enter your billing information when signing up for the Free Features, you will not be charged by us until the Free Features period has expired or the data storage threshold is reached. Unless you cancel your Membership on the last day of the Free Features period, you will automatically be charged the applicable Fee for the type of subscription you have selected.
4. The Website, Applications, or the Platform may contain links to other websites and contain Content added by Third Parties or use a Third Party Platform. We do not endorse, sponsor or approve any content available on any linked website.
5. If you enable Third Party applications for use in conjunction with the Platform, you acknowledge that we may allow the providers of those Third Party applications to access your Content as required for the interoperation of such Third Party applications with the Platform. We will not be responsible for any disclosure, modification or deletion of your Content including your personal information resulting from any such access by Third Party application providers.
6. We expressly exclude all liability for: any Content transmitted or posted on the Platform, any Content transmitted to any User by any other means, or by any person, including your reliance on such Content; or any Third Party Platform which is available on the Platform or required for the use and access of the Services.
7. You acknowledge and agree that:
  1. by using the Platform, you authorise us to collect, host, transfer, process, analyse, communicate and store your personal information in accordance with our Privacy Policy;
  2. we retain complete editorial control over any Content on the Platform and may alter, amend or remove any Content on the Platform at any time in our sole discretion;
  3. the Platform may not operate on a continuous basis and may be unavailable from time to time (including, but not limited to malfunction, updates, maintenance or repair purposes, or for any reason within or outside our control); and
  4. we may use Third Party vendors and hosting partners to provide the necessary hardware, software, networking, storage, web cloud services and related technology required to run the Platform and store and manage the Content.
User Conduct

In a Nutshell: You may use the Life2B website or app, but you agree to comply with the rules contained in the terms of use.
1. By accepting these Terms, you are representing that you:
  1. have the capacity to accept these Terms;
  2. will maintain the security and confidentiality of your account, login details, password and identification;
  3. understand and accept all risks associated with the use of the Platform and/or the Services; and
  4. will provide, or have provided and will maintain and promptly update the Membership Data and ensure that information provided is accurate, current and complete.
2. You must not upload, post, or otherwise transmit Content that:
  1. is inaccurate, harmful, obscene, pornographic, defamatory, racist, sexist, threatening, violent, offensive, abusive, vulgar, profane, indecent, unlawful, harassing, or otherwise objectionable to us or other Users of the Platform, including any Content which is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation and/or any physical or mental disability;
  2. exploits another person in any manner;
  3. includes unauthorised disclosure of personal information;
  4. advertises services for non-individuals or for any other reason which is not aligned to the purposes for which the Platform or the Services are intended;
  5. violates the privacy rights, publicity rights, contractual rights, or infringe copyrights, intellectual property rights or any other rights of any person;
  6. will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
  7. is unsolicited, undisclosed or unauthorised advertising;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  9. will bring us, the Platform or the Services into disrepute.
3. You are solely responsible for the Content and all activities that occur under your Membership.
4. You must immediately notify us of any unauthorised use of your account, login and/or password.
5. You must ensure you completely sign out of your account at the end of every session where you use the Platform and ensure that all personal data has been deleted from the system.
6. We may, but are not obliged to, at any time request a form of identification to verify your identity and/or your compliance with these Terms.
Violation of Terms

In a Nutshell: If you violate or fail to follow these terms of use, we may remove content published, suspend or terminate your membership and assist authorities with any of their investigation from your violation of these terms of use.
1. We reserve the right to edit or remove Content that violates these Terms, that contains Third Party commercial advertisements, or for any other reason it deems necessary in its absolute discretion.
2. We may restrict, suspend or cancel a contravening User’s Membership in our sole discretion.
3. We may store information relating to your Membership and reserve the right to disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or request from a Government authority. For further information, please read our Privacy Policy.
Fees

In a Nutshell: We will charge you for your continued use of the Life2B website and platform, otherwise some features will not be accessible.
1. We may charge a Fee for the use of the Platform or certain functions and features of the Platform such as the Services. If a feature of the Platform requires payment of a Fee, we will disclose the Fee prior to your access to that feature of the Platform.
2. All Fees are quoted in United States Dollars and are GST inclusive. We reserve the right to change the Fees for any chargeable service or feature on the Platform at any time and will provide Notice in accordance with these Terms where the price is varied.
3. The Fees are non-refundable and you are responsible for paying them when they become due. If you do not pay the Fee, your ability to use the Platform including the Services may be restricted or terminated in accordance with clause 9.3.
4. A valid payment method, including credit card, is required to process any payment for the Services. By making any payment via the Platform and submitting information required to process the payment, you:
  1. represent and warrant that:
    1. you have the legal right to use any credit card(s) or make payment through any other method(s) that is accessible in the Platform; and
    2. the information you supply to us is true, correct and complete, including, but not limited to accurate billing information such as your full name, address, state, postcode, telephone number, email and a valid payment method information; and
  2. you authorise us:
    1. to provide the information to a Third Party for the purpose of facilitating the completion of payment; and
    2. to charge all subscription Fees incurred through your Membership account via the payment method.
5. The Services are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis and billing cycle. Billing cycles are set on a weekly, monthly or yearly basis. If you do not want to be billed on a subscription basis, you may make a request in writing by accessing our Life2B ‘Get in touch’ page on our Website (https://life2b.com/contact.php), and we will notify you of an alternative payment method.
6. At the end of each billing cycle, your subscription will automatically be renewed for another period of the same duration as the previous period pursuant to these Terms unless you cancel it, or we cancel it. You may cancel your subscription renewal either through your online Membership account management page or by contacting our customer support team and making a written request by accessing our Life2B ‘Get in touch’ page on our Website (https://life2b.com/contact.php).
7. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed with the payment manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Confidential Information

In a Nutshell: You agree to keep any of the confidential information private and will not disclose such information unless we agree.
1. You agree to keep our Confidential Information confidential and to use or disclose such information only for the purposes as authorised by the owner of the Confidential Information.
2. The obligations of confidentiality in clause 7.1 will not apply to information which:
  1. is generally available in the public domain except where such availability is as a result of a breach of these Terms;
  2. was known prior to the disclosure of the information by you; or
  3. is required to be disclosed by an applicable law or court order.
Intellectual Property Rights

In a Nutshell: You agree that you will not use any of our intellectual property (e.g. copyright or trade mark) unless we provide you with permission. You also agree that we are allowed to use your content for various things. Make sure that you are allowed to use and publish any of the content you use (e.g. images or music).
1. The Platform and its features, functionality, original content (excluding Content provided by Users), including but not limited to images, photographs, animations, video, audio, text, code, software or application functionality, interface and marketing material, are and will remain our exclusive property (or our licensors). The Platform and the Services are protected by copyright, trademark and other laws (including other intellectual property laws) of both the Australia and foreign countries.
2. Nothing in these Terms constitutes a transfer of any Intellectual Property rights. You acknowledge and agree that, as between you and us, we own all Intellectual Property rights in the Platform.
3. Title to, and intellectual property rights in, the Content published by you remain your property. However, your continued access to the Content is contingent on full payment of the Fee when due.
4. By using the Platform, posting or adding any Content onto the Platform, you grant us a perpetual, non-exclusive, royalty-free, sub-licensable, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, distributing, modifying, copying, transmitting, storing, reproducing, backing-up, changing, creating derivative works of your Content and/or communicating or publishing the Content to the public) and permit us to authorise any other User to do the same thing if we choose to do this.
5. You represent and warrant to us that:
  1. you have all necessary rights to grant the licences and consents set out in clause 8.3;
  2. the Content you publish on the Platform is yours or you have the right to use it;
  3. the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, contractual rights, or infringe copyrights, intellectual property rights or any other rights of any person;
  4. the Content you publish will not cause you or us to breach any law, regulation, rule, code or other legal obligation; and
  5. the Content you publish does not contain personal information that you are not otherwise authorised to disclose or publish.
6. You must obtain express written permission from us if you wish to reproduce any aspect of the Platform or other Intellectual Property owned by us.
7. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Website or Application which constitute the Platform.
Termination and Suspension

In a Nutshell: You are entitled to terminate your membership at any time, but you agree that we will not be responsible to you for your termination including for example any loss of your content.
1. The Terms will continue in force until such time that they are varied or replaced, but we may terminate the Terms or your access to the Platform and/or the Services at any time and without prior notice in our sole discretion, We may restrict, suspend or terminate your access or use of the Platform without notice in our sole discretion for any reason whatsoever, including without limitation by your breach of the Terms.
2. Without limiting clause 9.2 above, if you fail to pay the Fee in accordance with these Terms, we may elect to terminate these Terms (including terminating your membership and your access and use of the Platform and the Services) by providing one month’s advance written notice. You will remain liable to pay all relevant Fees up to and including the day of termination of these Terms.
3. We reserve the right to change or discontinue any service (including the Services) or feature on the Platform in whole or in part at any time in our sole discretion.
4. You may terminate your Membership at any time, or alternatively elect to suspend your Membership for twelve (12) months (allowing you to view your account but not publish further Content).
5. You acknowledge and agree that we are not liable to you in relation to any claim you may otherwise have arising from these Terms, the Platform, or any of the Services as a result of the termination of your Membership, including, but not limited to, your loss of Content, data, and information.
6. If you are not satisfied with the Service or the Platform, your sole and exclusive remedy is to terminate these Terms.
Limitation of Liability

In a Nutshell: You agree that we are not responsible to you or to others, to the maximum extent at law, from your use of the Life2B website or app.
1. You must maintain copies of all your Content inputted into the Platform. We adhere to best practice policies and procedures to prevent data loss, including a data back-up regime, but we do not make any guarantees that there will be no loss of your Content. We expressly exclude liability for any loss of Content no matter how caused.
2. To the maximum extent permitted by law, we exclude all liability and responsibility to you (or any other User or Third Party) for any kind of legal claim or action however arising in law or equity, including without limitation in contract, tort (including negligence), any applicable legislation and regulations, for any loss or damage suffered by you or any Third Party (including but not limited to loss of Content, data, information, or breaches of privacy) resulting, directly or indirectly, from or in connection with your use of, or reliance on, the Platform, the Service, any Content, our negligence or failure to comply with these Terms, or hacking, password mining or any other illegitimate interference to the Platform and Services by unauthorised persons.
3. You will be responsible for and will indemnify us against liability for all loss, damage or injury to persons or property caused by you and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by us in respect of any such loss, damage or injury will be made good at your expense.
4. Without limiting the generality of clause 10.2, you are liable for all loss, damage or injury to any party or parties (including to us, other Users, and Third Parties) resulting from your acts or omissions through your use of the Platform and/or the Services and agree to indemnify and keep us indemnified against any claim or claims made against us.
5. To the maximum extent permitted by law including, the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), we exclude all liability in respect of:
  1. all warranties whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, acceptable quality, matches description, or that the Services will correspond to demonstrations; and
  2. any consequential or incidental damage incurred by you in relation to the Platform or the Services.
6. In no event shall we be liable for any claims by you or a Third Party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading statements made and/or incorporated into any Content provided by you, any User, or any other Third Party.
7. We reserve the right, but have no obligation, to monitor disputes between Users of the Platform. You agree to hold us harmless in connection with any dispute or claim that you make against any other User of the Platform.
8. Without limitation to the foregoing, you agree that our liability for any alleged loss or damage suffered by you and arising out of any kind of legal claim or action in any way connected to the Services, the Platform, or our negligence or failure to comply with these Terms will be limited at our sole discretion to the following:
  1. for any claims relating to the Platform – one month’s Fee; or
  2. in the case of Services – the resupply of the Services, or the refund of the Fees for the remaining duration of the subscription already paid.
Disclaimer of Warranties

In a Nutshell: We do not make any promises to you about the Life2B website or app.
1. You acknowledge that we make no representation or warranty:
  1. that your access to the Platform (including any Third Party Platforms or payment gateways on the Platform) will be, timely, secure, uninterrupted, will function accurately or correctly and/or error-free;
  2. that any defects on the Platform will be corrected;
  3. that any data, statistics or information disclosed, or Content published on the Platform will be accurate, up to date, complete or useful; or
  4. that the Platform or the server which stores and transmits the Platform to you are free from viruses or any other harmful components.
Assumption of Risk

In a Nutshell: By using the Life2B website or app you agree that you are responsible for all risks associated with that use.
1. You agree, understand and acknowledge that you assume all risks when using the Platform and/or our Services, including without limitation any and all of the risks associated with any online or offline interfaces with other Users or Third Party Platforms and all risk for any damage or loss (including but not limited to loss of Content, data, information, or breaches of privacy) whether such damage or loss arises from our negligence or failure to comply with these Terms, or by hacking, password mining, and any other illegitimate interference to the Platform and Services by unauthorised persons.
Indemnification

In a Nutshell: You agree that you will be responsible for any claims made against us by you, other people, or organisations because of your use of the Life2B website and app.
1. You agree to indemnify and continually indemnify, us (including our employees, officers, subcontractors, contractors, advisers, representatives and agents) in relation to all claims, actions, liabilities, damages, costs, losses and expenses (including legal costs on a full indemnity basis) that we incur, whether the claim was made by you or a Third Party, arising from or as a result of your use of the Services, your use of the Platform, your use of Third Party Platforms and/or from your failure to comply with these Terms.
2. You agree that we reserve the right, at our sole discretion, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so is not a waiver nor will it excuse you of any indemnity obligations.
Third Parties

In a Nutshell: If you use any platform or pay for goods or services with any person or organisation that is not part of Life2B, you will deal directly with that person or organisation.
1. By using the Platform, you may have dealings with a Third Party including Third Party Platforms and services rendered by a Third Party. Your correspondence or business dealings with, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with any Third Party.
Currency
1. These Terms are effective as and from 31 July 2018.
Governing Law
1. These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.