Provider means Realifex (ACN 600 050 440) of NSW, Australia, contactable on admin@realifex.com.
Users means you, the individual using the Interface as an End User or a Coaching Provider, contactable through the Interface, or via the email provided to Provider.

Please read this document carefully. Capitalised terms throughout the document are defined at the end of the document.

1. Introduction to terms

    • The Interfaces are owned and operated by Provider.
      • The Interfaces known as “RealifeChange” and “Personal RealifePortal” are applications designed for End Users to record, visualize, store, and process life events; and
      • The Interface known as “Coach | Mentor RealifePortal” is an application designed for Coaching Providers to provide services involving End Users’ life data.
    • Not all of the following terms are applicable to both Interfaces, but will be applicable to an individual Interface to the fullest extent that they are relevant.
    • This document will form an agreement between Users and Provider when Users:
      • click on the button “Enter”, “Log in securely” or “Sign in” to access the applications;
      • sign up for an Account;
      • click on the button “I agree to Terms and Privacy Policy”, or;
      • check the tick box that states: “I agree to the terms and privacy policy”.
    • By performing one of the actions listed above, Users warrant in their personal capacity that they currently have the authority to create a contractually binding relationship between themselves and Provider for the duration of the Terms.
    • Users agree not to use the Interface if Users do not agree to any part of the Terms.

2. Conditions of Use

Provider grants Users a limited and revocable license to view and use the Interface, and to register an Account, in accordance with the Terms if Users:

    • comply with the Terms;
    • are over the age of 18 years or if under the age of 18 years use the Interface with the supervision of a parent, legal guardian, or qualified teacher;
    • are capable of forming binding contracts;
    • are not breaking any law by accessing and using the Interface (by reference to laws in Users’ jurisdiction and Provider’s);
    • use the Interface only in the way that it is designed to be used; and
    • do not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Interface (as determined by Provider at its sole and absolute discretion).

At its discretion, Provider may immediately revoke the licence to use the Interface if Users breach any of the conditions above.

3. User categories

The Interface has the following categories of Users:

    • End Users; and
    • Coaching Providers.

4. Accounts

    • In order to access certain parts and functionality of the Interface, Users must register an Account. For example, without an account, Users cannot access their data on any device other than the device they first used to enter their data.
    • When Users register an Account, they undertake to:
      • provide information during the registration process that is accurate and complete in all respects; and
      • represent themselves only, and not impersonate any other person while using the Interface.
    • Users are solely responsible for:
      • the use of their Account, regardless of who is using it, even if it is used without their permission; and
      • keeping their username and password secure.

5. Account password retrieval

Provider is permitted to send password reset emails to Users.

6. Subscriptions

All payment and subscription information is available from: realifex.com/tc.

7. Provider’s relationship to transactions between users

    • Provider is not responsible for transactions or interactions that occur between Coaching Providers and End Users on the Interface.
    • Provider does not make any warranties in relation to any services rendered or information provided by, or transactions entered into between, Coaching Providers and End Users.
    • Users agree and acknowledge that Provider’s provision of the Interface does not constitute advice, medical or otherwise, by Provider and is to be relied on at Users’ risk.
    • Coaching Providers are responsible for ensuring that any services provided by them on the Interface are of the standard expected by End Users to whom the services are provided.
    • Provider has no responsibility for transactions or interactions that occur between Coaching Providers and End Users on the Interface.

8. Content on the Interface

    • All Content is for informational purposes only, does not constitute advice, and is to be used or relied on at Users’ own risk.
    • Any Content provided by Coaching Providers is accessed at End Users’ own risk. Any such Content does not constitute advice by the Provider.
    • Provider makes no warranty or representations as to the accuracy of the Content.
    • Users agree and acknowledge that by activating the ‘Share Life Data’ feature, their Data may be shared securely with other Users. For more information, please read Provider’s Privacy Policy at realifex.com/tc.
    • End Users may at their own risk activate ‘Offline Data Exporting’, which will allow Coaching Providers to obtain an offline copy of End Users’ Data.

9. Changes and errors by Provider

Provider reserves the right to do any of the following, at its absolute discretion, without notice:

    • change any price;
    • correct any errors in Content or on the Interface;
    • update the Interface; and
    • change the Interface or Content in any way.

10. Errors

Users agree and acknowledge that there may be technical or administrative errors in the information on the Interface, including but not limited to errors with respect to product description, pricing and availability.

Provider reserves the right to do any of the following, at its absolute discretion, without notice:

    • change any price;
    • correct any errors in Content or on the Interface;
    • update the Interface; and
    • change the Interface or Content in any way.

11. Payments

    • Payments for the “RealifeChange” Interface will be made through the Apple Store, in accordance with the Apple Store terms and conditions located at apple.com/legal/internet-services/itunes.
    • Payments for the “Coach | Mentor RealifePortal” Interface within the Interface will be facilitated through Third Party payment processors such as Stripe (stripe.com/legal) and Chargebee (chargebee.com/terms.html). All payments processed through Third Parties are subject to their terms and conditions.
    • Provider is not responsible for any Third Party terms.

12. Tax

This topic states that Users are responsible for paying all government charges or duties of any kind incurred in or in connection with purchases on the Interface. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.

13. Posted Content

In respect of Posted Content, Users warrant that it is not:

    • uploaded in breach of the Intellectual Property Rights of any third party;
    • uploaded in breach of any law under the Privacy Act 1988 (Cth);
    • affected by any computer virus or malicious code;
    • connected with “spam” or the process of “spamming”;
    • in breach of any other clause of the Terms; or
    • false, defamatory, misleading or otherwise deceptive in any way;
    • financial, legal, medical or other professional advice;
    • adult material; or
    • material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation.

Users agree that any comments or opinions that User expresses in Posted Content will be fair, accurate and genuinely held at the time of communication.

14. Provider not responsible for Posted Content

Provider makes no warranties as to the accuracy of any Posted Content, and will accept no liability for errors or omissions in general.

15. Licence of Posted Content and Provider powers

    • Users grants Provider a irrevocable, perpetual, transferrable, sub-licensable, non-exclusive, royalty free, and global licence to the Intellectual Property Rights in the Posted Content for the purpose of:
      • providing the Interface; and
      • providing analytical, statistical, trends and behavioural analysis, scoring, correlations, dashboards and reporting on Users’ data.
    • Provider reserves the right, at its absolute discretion, to remove, amend, edit or in any other way change any Posted Content, or to request Users to do so. Users agree to comply.

16. Comments, Reviews and Ratings

    • Users agree that any comments, reviews or feedback that they make will be fair, accurate and genuinely held by Users.
    • Provider reserves the right to remove any comments, feedback or ratings at Provider’s sole discretion.

17. Privacy and Data Retention

    • Provider may collect and store Data.
    • Provider’s Privacy Policy explains:
      • how Provider collects and stores Personal Information; and
      • under what conditions Provider shares such information.
    • Users acknowledge and agree to the terms and conditions of the Privacy Policy.
    • Provider reserves the right to share or disclose Users’ Data in order to maintain the Interface and comply with any relevant laws.
    • If Users activate the ‘Stay Connected’ feature, Users may access the Interface without entering a password. Users agree that they are wholly responsible for the security of their Data in ‘Stay Connected’ mode.
    • Users may use TouchID to access the Interface. Provider does not store this data, and Users acknowledge that their use of TouchID is governed by Apple’s terms.
    • Users who activate the “save password” feature on their browsers do so at their own risk, and under the terms of their web browser provider.

18. Intellectual Property Rights

    • All title, ownership rights and Intellectual Property Rights, including copyright, in the Interface is owned or used under licence by Provider.
    • Users may make whatever copies of the Interface are necessary for ordinary browsing.
    • Otherwise, without the express written permission of Provider, Users shall not:
      • replicate all or part of the Interface in any way, including for private and domestic use;
      • incorporate all or part of the Interface in any other webpage, site, application or other digital or non-digital format; or
      • copy, alter, use or otherwise deal in Provider’s trade marks without the prior written consent of Provider.

19. Complaints about the Interface

    • In the event of a dispute with another user, Users agree to work in good faith to resolve the dispute. Users agree and acknowledge that any such dispute is to be resolved by Users amongst themselves directly, without the involvement of Provider in any way whatsoever.
    • If Users have a complaint in connection with the Interface for which Users considers that Provider is liable, Users must report it in writing to Provider within 10 days of the circumstances giving rise to the complaint first occurring. Provider may or may not, at its sole discretion, investigate the complaint, depending on the nature of the complaint.
    • If Users are not satisfied with Provider’s action in relation to a complaint, Users must formally notify Provider of Users’ complaint with a written notice which includes, or is accompanied by, full and detailed particulars of the complaint.
    • Within 10 days after such a notice is given, a representative of Provider will respond to the Complaint Notice in writing.
    • In accordance with this section, and to the fullest extent available under the law, Users agree not to bring any court or tribunal proceedings against Provider in respect of any complaint unless Users complies with the requirements of this clause (but subject always to any rights Users may have under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).

20. Exclusion of express warranties

Users use the Interface at its own risk. Provider makes no warranties or guarantees, implied or express:

    • that the Interface will be accessible at all times, uninterrupted or error free;
    • that the Interface is without bugs or viruses;
    • that the Interface is immune to unauthorised access or security breach; and
    • in respect of the retention of, or continued accessibility of, any Data.

21. Limitation of liability

Implied Conditions

Provider excludes all implied guarantees, conditions and warranties from the Terms and the Interface, except any Non Excludable Condition.

Limitation of Liability

Provider excludes all other liability to Users for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by Users in connection with the Terms or the Interface, including in connection with:

    • failure of any third party component including, without limitation, software failure, hardware failure, network failure, or power failure;
    • Users’ failure to update the Interface to the most recent version;
    • the Interface being inaccessible to that Users for any reason;
    • incorrect or corrupt Data, lost Data, or any inputs or outputs of the Interface;
    • any harm or damage arising from the use of the “Stay Connected” feature, the save password feature on web browsers, or the Share Life Data feature;
    • any services rendered by Coaching Providers to End Users;
    • any information communicated in any manner by Users;
    • computer virus, trojan and other malware in connection with the Interface;
    • security vulnerabilities in Interface or any breach of security that results in unauthorised access to or corruption of Data;
    • any service provided by a Third Party;
    • failure of any third party software including, without limitation, the operating system and any other software;
    • failure of the Users to maintain hardware sufficient to meet minimum hardware requirements for the Interface;
    • failure of any third party component including, without limitation, hardware failure, network failure, or power failure;
    • Users’ participation in any experiments, beta software or pilots;
    • reliance on the Provider’s or other Users’ advice;
    • Users’ or personnel’s failure to follow the Provider’s advice or instructions;
    • Users’ failure to provide sufficient access or accurate information for the Provider to provide the Interface;
    • the infringement or claimed infringement of the Intellectual Property Rights or moral rights of any person in connection with the Terms or Interface;
    • any party’s failure to fulfil any formalities necessary to give full effect to an assignment of Intellectual Property Rights;
    • any harm to or claim by a third party in connection with the Interface or the Terms;
    • any personal injury or death arising directly or indirectly in connection with the Interface or the Terms;
    • any loss or damage to property arising directly or indirectly in connection with the Terms or the Interface;
    • any unauthorised activity in relation to the Interface or the Terms;
    • Users’ use of or reliance on the Interface for a purpose other than the business purposes of the Users or the reasonably expected purpose of the Interface;
    • any act or omission of the Provider, its personnel or any related body corporate under or in relation to the Terms or Interface;
    • the Provider’s breach of the Terms;
    • the termination of the Terms;
    • Users’ failure to fulfil its obligations under the Terms; and
    • any delay in the provision of the Interface.

Non Excludable Condition

Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, Provider limits its liability for any breach to:

    • in the case of goods:
      • the re-supply of the goods or payment of the cost of the re-supply of the goods; or
      • the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
    • in the case of services:
      • the re-supply of the services affected by the breach; or
      • the payment of the cost of such re-supply of the services.

22. Limitations and exclusions subject to the law

All limitations and exclusions in the Terms:

    • are subject to Non Excludable Conditions to the extent of any inconsistency;
    • apply to the fullest extent permissible by the law; and
    • apply however the excluded, limited, or indemnified Costs are caused, whether they arise in contract, tort (including by Provider’s negligence), or under statute.

23. Indemnity

Users indemnify the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Terms or Users’ use of the Interface, including any Costs arising directly or indirectly from:

    • Users’ breach of the Terms;
    • Users or any authorised Users’ infringement of any third party Intellectual Property Rights while using the Interface;
    • Users’ breach of the Terms;
    • the Provider’s enforcement of its rights in connection with the Terms or Interface, including legal costs on a full indemnity basis;
    • any harm to, claim or action by a third party arising directly or indirectly from Users’ use of the Interface;
    • any harm arising directly or indirectly from Coaching Providers’ interactions with End Users;
    • any personal injury or death arising directly or indirectly out of Users’ conduct;
    • any damage to property arising directly or indirectly out of Users’ conduct;
    • Users or any authorised Users’ infringement of any third party Intellectual Property Rights while using the Interface;
    • any claim, action or suit by a third party alleging infringement of their Intellectual Property Rights as a result of the conduct of Users;
    • any claim arising from a Coaching Provider, for any reason, against Provider;
    • any negligent or unlawful act or omission by the Users in connection with the Interface or Terms;
    • the Provider’s or a third party’s reliance on a misleading representation made by a Users;
    • a contract in force between the Users and a third party connected with the Interface;
    • Users’ breach of privacy law;
    • Users’ failure to fulfil any of its obligations in the “Privacy” clause of the Terms;
    • Users storing Data on the Interface;
    • providing access to Data, or a subset of the Data, to a person who has requested such access in accordance with privacy law;
    • the Provider being obligated to correct Data upon request by a person in accordance with privacy law;
    • any complaints process initiated by a person under privacy law; or
    • any other cost incurred by the Provider as a result of a person pursuing rights conferred upon them by privacy law.

24. Conditions of indemnity

    • The Indemnities in the Terms are subject to Non Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by law.
    • The Indemnified may make a claim under indemnities in the Terms in relation to a Cost before having incurred the Cost, or before making a payment in relation to the Cost.
    • The indemnities in the Terms shall be in addition to any damages for breach of contract to which Provider may be entitled. Nothing in the indemnities in the Terms will be construed so as to prevent Provider from claiming damages in relation to Users’ breach of any term of the Terms.

25. Remedies

    • The parties agree that any breach or threatened breach by Users of a Key Obligation may cause the Provider immediate and irreparable harm for which damages alone may not be an adequate remedy.
    • To make Users perform a Key Obligation, or to stop them from breaching a Key Obligation, the Provider has the right to apply to a court for:
      • an injunction;
      • an order of specific performance; or
      • another remedy available in law or in equity.
    • The Provider can make such an application before or after the breach takes place.

26. Termination

    • Users or Provider may end the agreement arising from the Terms immediately for any reason by giving the other party written notice.
    • Where the Terms have been terminated Users must immediately cease to use the Interface and delete it from Users’ devices.
    • Termination of the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.
    • After termination, Provider will continue to have the right, but not the obligation, to monitor Posted Content on the Interface, to determine compliance with the Terms and any other operating rules established by Provider.

27. Communications

    • Communications must be in writing.
    • Either party may serve any Communication on the other party by sending it to that party’s email address.
    • A Communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee’s domain specified in the email address.
    • The email for Provider is admin@realifex.com. The email for Users are the emails used by Users to setup an Account on the Interface.

28. Amendment

    • If Provider makes changes to the Agreement, Provider will notify Users of the changes within a reasonable period. Such notice will be provided with the release of a new version of, or update to, the Interface.
    • If the User does not regularly allow updates to the Interface, the Company will not have the ability to notify the User of changes to these Terms or the Privacy Policy and it will be the User’s responsibility to regularly check the Terms at realifex.com/tc
    • If Users choose to unsubscribe from notifications, Provider will not have the ability to notify Users of changes to the Terms, and it will be Users’ responsibility to regularly check the Terms at realifex.com/tc
    • By continuing to use the Interface after an amendment to the Terms, Users agree to be bound by the Terms as amended.

29. Relationship of parties

The relationship between Provider and Users under any Terms does not form a joint venture or partnership.

30. Assignment and novation

    • Users cannot assign, novate or otherwise transfer any of its rights or obligations under the Terms without the prior written consent of Provider.
    • Provider may assign, novate or otherwise transfer any of its rights or obligations under any Terms to a Third Party without notice to, or the prior consent of, Users, but if Provider requires, Users will sign any documents to give effect to an assignment, novation or transfer by Provider under this clause.

31. Governing law

The laws of the state of New South Wales govern the Terms and each party submits to the non-exclusive jurisdiction of the courts in that jurisdiction.

32. General and interpretation

Further assurances

The parties agree to do everything required to give full effect to the Terms.

Entire agreement

The Terms and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the terms of the Terms.

Counterparts

The documents constituting the Terms may be executed in multiple counterparts. The counterparts will be read as 1 legal document.

Waiver

No right or obligation under the Terms will be waived unless the waiver is explicitly waived in writing.

Severance

Any unenforceable or invalid term of the Terms will be severed to the extent of the unenforceability or invalidity without affecting any other term in the Terms.

Binding on successors

The Terms are binding on each party’s successors and permitted assigns.

Terms expenses

The parties will cover their own expenses in preparing the Terms documents.

Interpretation

Unless the terms and conditions of the Terms explicitly state otherwise, the Terms will be interpreted as follows:

    • a reference to a party includes that party’s permitted assigns, administrators, successors, executors, legal representatives and any novated party;
    • any reference to a trustee includes any substituted or additional trustee;
    • unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
    • “including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
    • where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
    • headings are for convenience and will not affect interpretation;
    • words in the singular will be taken to include the plural and also the opposite;
    • “$” means the Australian dollar;
    • a reference to a document will be to that document as updated, varied or amended;
    • a document referenced by the Terms will not take precedence over the referencing document;
    • when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
    • where a “URL” is mentioned, the non-operation of the “URL” will not render the rights and obligations associated with it invalid;
    • any referenced digital resource may be replaced with another digital resource that is a “copy” of the original resource;
    • a reference to a party’s conduct includes omissions as well as acts;
    • if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute; and
    • where a party is required to do “anything necessary”, this includes executing agreements and other legal instruments.

33. Definitions

Account, Accounts

means a membership account on the Interface.

Communication, Communications

means any written communication including each notice, consent, approval, request and demand under or in connection with the Terms.

Complaint Notice

means the notice provided by Users to Provider as described in the clause entitled “Complaints about the Interface”.

Consequential Loss

means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Content

means all information, graphics, HTML, text, software and materials on the Interface.

Cost, Costs

means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.

Data

means information that Users upload to the Interface including account registration information, Personal Information and Posted Content.

End User, End Users

means users of the Interfaces called “RealifeChange” and “Personal RealifePortal”.

Indemnified

means Provider and its directors, employees, contractors and agents.

Intellectual Property Right, Intellectual Property Rights

means all present and future rights conferred by statute, common law or equity in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Interface

means the applications called “RealifeChange”, “Personal RealifePortal” and “Coach | Mentor RealifePortal”. A reference to use of the Interface also refers to use of the Content.

Licence

means the licence in the Intellectual Property Rights to the Posted Content as granted by Users to Provider.

Non Excludable Condition, Non Excludable Conditions

means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Personal Information

has the meaning given to that term in the Privacy Act 1988 (Cth).

Posted Content

means any Content that Users upload to the Interface.

Privacy Policy

means the Provider’s privacy policy.

Coaching Providers

means any entity, excluding Provider, which uses the Interface known as “Coach | Mentor RealifePortal” to provide paid services to End Users.

Terms

means the legally binding contract arising between the parties composed of the terms and conditions in this document.

Third Party, Third Parties

means third party businesses that form part of the Interface.

Users, User

means any party using the interface as either:

    • an End User; or
    • a Coaching Provider.

For Realifex versions 3.0 and below

Users must pay the fee indicated on the Interface for a full access to the app features for a subscription period of either:

i. 3 months;
ii. 6 months; or
iii. 12 months.

The subscriptions offered will not automatically renew. If Users wish to continue their subscription, they must manually renew it in the Interface. If Users renew or upgrade a subscription during an existing subscription period, the term of the new subscription will begin immediately after the existing subscription expires. If Users renew or upgrade a subscription outside a subscription period (for example after Users’ subscription has expired), the term of the new subscription will begin when Realifex receives payment for the new subscription.

If Users do not update their subscription, they will only retain access in a read-only mode to the feature called Life Flow once their subscription expires. Users will be unable to create, manage or edit content and will no longer have access to any other services, features, dashboards or insights on the Interface.

For RealifeChange version 4.0

Users must pay the fee indicated on the App Store for a full and unlimited access to the app features (with the exception of the Life Autofocus feature).

Users may pay an additional subscription fee of the amount indicated on the Interface for access to the advanced Life Autofocus feature.

Users must pay a subscription fee in return for access to the Life Autofocus feature for a subscription period of either:

i. 3 months;
ii. 6 months; or
iii. 12 months.

The subscriptions offered will not automatically renew. If Users wish to continue their subscription, they must manually renew it in the Interface. If Users renew or upgrade a subscription during an existing subscription period, the term of the new subscription will begin immediately after the existing subscription expires. If Users renew or upgrade a subscription outside a subscription period (for example after Users’ subscription has expired), the term of the new subscription will begin when Realifex receives payment for the new subscription.

For RealifeChange versions 4.1 and above

Users must pay the fee indicated on the App Store for a full and unlimited access to the app features (with the exception of the Life Autofocus feature).

Users may pay an additional subscription fee of the amount indicated on the Interface for access to the advanced Life Autofocus feature.

Users must pay a subscription fee in return for access to the Life Autofocus feature for a subscription billing cycle of either:

i. Weekly;
ii. Monthly;
iii. Quarterly; or
iv. Yearly.

The subscriptions offered will automatically renew. If Users renew or upgrade a subscription during an existing subscription period, the new subscription goes into effect immediately. If Users downgrade a subscription during an existing subscription period, the new subscription goes into effect at the end of the current subscription period.

For Personal RealifePortal

Personal RealifePortal is free of charge.

For Coach | Mentor RealifePortal

Users must select a Plan, sign up to a Realifex Account and associate a valid payment method to their account. When the sign up process is complete, Users are allowed a free access period of 30 days.

After the 30-day period and if the subscription is not canceled by Users at least one working day before the 30-day free trial ends, Users will be automatically charged a subscription fee in return for access to the plan features for the upcoming monthly subscription billing cycle. The available plans are:

i. Basic;
ii. Standard;
iii. Pro; or
iv. Unlimited.

Each subscription Plan unlocks a series of features and entitles Coach | Mentor RealifePortal Users to activate a threshold of End Users, amongst those who have accepted to share their Life Data with them. When Users:

i. upgrade their subscription Plan, they unlock a greater threshold of End Users that can be activated;
ii. downgrade their subscription Plan, they reduce the threshold of End Users that can be activated;
iii. If they have already activated a number of End Users exceeding the threshold available in the Plan to which they intend to downgrade, a warning message will be prompted to Users explaining that the exceeding number of End Users will automatically and randomly be inactivated by the Interface. Users can then continue or cancel the downgrade process.

The subscriptions offered will automatically renew. Users will automatically be charged a subscription fee in return for access to the plan features and the associated End Users threshold for the upcoming monthly subscription billing cycle.

When Users downgrade or upgrade a subscription during an existing subscription period, the new subscription goes into effect immediately and the subscription fees are calculated on a pro-rata basis, based on the current billing cycle:

i. Each time Users upgrade, they receive an invoice calculated on a pro-rata basis, invoicing the difference between the new Plan and the current Plan in the current billing cycle;
ii. Each time Users downgrade, the amount will be adjusted on their next invoice at the end of the current billing cycle, reducing the amount to be paid for the upcoming monthly subscription billing cycle by the difference, on a pro-rata basis, between the current Plan and the new Plan in the current billing cycle.

Payments

All payments related to Realifex and RealifeChange versions, will be under the Apple Store terms and conditions for the User’s region (http://www.apple.com/legal/internet-services/itunes).

Realifex is not responsible for the Apple Store terms and conditions or any changes to them, and Users acknowledge that Realifex will not be liable for any loss suffered by Users as a result of such a change.

All payments related to Coach | Mentor RealifePortal will be processed by third-party systems, integrated with Coach | Mentor RealifePortal:

i. a secured subscription billing and invoicing service (Chargebee.com); and
ii. a secured payment gateway (Stripe)

All payments related to Coach | Mentor RealifePortal will be under the ChargeBee terms and conditions (https://www.chargebee.com/terms.html) and Stripe terms and conditions (https://stripe.com/legal). Realifex is not responsible for the Chargebee and Stripe terms and conditions or any changes to them, and Users acknowledge that Realifex will not be liable for any loss suffered by Users as a result of such a change.

Subject to the Limitation of Liability provisions in these terms, if Users delete the Interface from their device during a subscription period, cancel their subscription during a subscription period or ceases to use it during a subscription period, Users will not be entitled to any refund of the payment for the subscription.

For RealifeChange versions 4.1 and above

If Users want to choose a different subscription period or unsubscribe, they can follow the steps below (https://support.apple.com/en-au):

i. On the Home screen, tap Settings.
ii. Tap iTunes & App Store.
iii. Tap your Apple ID at the top of the screen.
iv. Tap View Apple ID. You might need to sign in.
v. Under Subscriptions, tap Manage.
vi. Tap the subscription that you want to manage.
vii. Use the options to manage your subscription. On that screen, Users can:

A. choose a different subscription period, or;
B. turn off Automatic Renewal. Turn off Automatic Renewal will cancel their subscription. A subscription will stop at the end of the current billing cycle.

For Coach | Mentor RealifePortal

If Users want to view or choose a different subscription Plan, cancel or reactivate their subscription Plan, they can follow the steps below:

i. Sign into Coach | Mentor RealifePortal.
ii. Go to the “Admin” menu.
iii. Go to the “Upgrade Plan” sub-menu. On that screen, Users can:

A. visualise their current plan and the associated automatic renewal date;
B. upgrade or downgrade their Plan at any time;
C. click on the link “Cancel My Subscription Plan” to automatically cancel their subscription. To avoid being automatically charged for the upcoming subscription billing cycle when cancelling their Plan, Users must cancel their Plan, using the “Cancel My Subscription Plan” link, at least one working day before the current subscription billing cycle ends. A cancelled subscription will only expire at the end of the current billing cycle;
D. click on the link “Reactivate My Subscription Plan” to reactivate their Plan at any time before their subscription Plan expires. After the expiry date, an email needs to be sent to admin@realifex.com if they wish to reactivate their Plan.

Provider means Realifex Pty Ltd (ACN 600 050 440) of NSW, Australia, contactable on admin@realifex.com.

Users means you, the individual using the Interface as an End User or a Coaching Provider, contactable through the Interface, or via the email or telephone number provided to Provider.

Please read this document carefully. Capitalised terms throughout the document are defined at the end of the document.

1. Introduction

Your privacy is important to us.
Realifex Pty Ltd (ACN 600 050 440) (Provider) has adopted this Privacy Policy, in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth) (APPs), to outline how we deal with “personal information”, which is information about an individual whose identity is apparent, or can reasonably be ascertained, from that information.

Most of the Personal Information that we collect is collected in conjunction with our web and mobile applications for desktops, laptops, smartphones, tablets and smartwatches called “RealifeChange”, “Personal RealifePortal” or “Coach | Mentor RealifePortal”. We provide an Interface into which you can post any information at your discretion. This means our system receives Personal Information of all kinds. It is your responsibility to decide what information you post into our Interface. The information you enter into the Interface is processed and presented within our Interface to allow you to reflect on your thoughts and feelings, which may include Personal and Sensitive Information.

2. Types of information collected

Provider may collect the following types of Personal Information about Users:

  • names and pseudonyms;
  • details of products or services that Provider has provided to Users;
  • records of, or notes on communications between Provider and Users;
  • whatever personal information is included in content Users posts on the Service or on the website of Provider;
  • email addresses;
  • telephone numbers;
  • addresses;
  • computer device information;
  • location information; and
  • IP addresses.

3. Sensitive Information

By posting Sensitive Information, User consents to Provider’s storage and management of their data in accordance with this document. Provider may consequently collect Sensitive Information about Users, including Personal Information about Users':

  • health data, as captured through the Interface’s integration with Healthkit;
  • ethnic origin;
  • political opinions;
  • religious beliefs;
  • sexual orientation;
  • criminal records;
  • biometric information;
  • political affiliations;
  • trade union membership; and
  • philosophical beliefs.

Contextual information associated with Users’ notes about health, such as heart rate, steps, calories burned, and sleep patterns is Sensitive Information and may be captured by Provider.

4. How information is collected

Provider may collect Personal Information about Users using the following methods:

  • customer surveys;
  • from Provider’s website;
  • from Users’ communications with Provider;
  • automated analysis of Users’ use of Provider’s services;
  • from job applications made to Provider; and
  • Users’ use of the Interface.

5. How information is held and secured

Provider may hold Personal Information about Users digitally. Provider ensures that Personal Information is protected from unauthorised access by:

  • industry standard data security techniques;
  • physical security surrounding hard copies of Personal Information;
  • through the use of User-specific passkeys; and
  • by logging users out of the Interface after a period of inactivity (5 minutes for “RealifeChange” and 30 minutes for “Personal RealifePortal” and “Coach | Mentor Realifeportal”). This will not apply in cases where users activate the ‘Stay Connected’ function in “RealifeChange”.

6. Deletion of Personal Information

Provider deletes Personal Information when:

  • it is no longer needed; or
  • Users request its deletion and it is reasonable to comply.

7. What information is used for

Provider may collect, use, hold and disclose Personal Information in order to:

  • enable Users to use Provider’s services;
  • perform analysis of the typical use of Provider’s services;
  • communicate with Users;
  • send marketing and promotional messages to Users;
  • consider employment applications;
  • comply with the law;
  • enforce agreements with third parties; and
  • process payments.

8. Disclosures of information

Provider may disclose Personal Information to:

  • Provider’s employees;
  • professional advisors;
  • third party service providers;
  • payment systems operators;
  • business partners;
  • regulatory bodies;
  • courts of law; and
  • Coaching Providers.

9. Life data sharing

End Users have the option of activating the ‘Life Data Sharing’ feature in “RealifeChange” and “Personal RealifePortal”. This feature allows End Users to share their data with Coaching Providers. Activating this feature will result in the disclosure of Personal Information and Sensitive Information to Coaching Providers and other third parties.

10. Life data export

  • End Users have the option of activating the ‘Offline Data Exporting’ feature in “RealifeChange” and “Personal RealifePortal”. This feature allows Users of “Coach | Mentor RealifePortal” to export and save an offline version of End Users’ Personal Information and Sensitive Information.
  • End Users who activate this feature will be sharing their data with Coaching Providers. Users activate this feature at their own risk. Provider accepts no responsibility for any offline copies of Users’ data.
  • End Users also have the option of using the ‘Export Life Data’ feature in “Personal RealifePortal”. This feature allows an End User to export their life data for offline use. Users use this feature at their own risk. Provider accepts no responsibility for any offline copies of Users’ data.

11. Disclosing information outside Australia

Provider may disclose personal information to organisations outside of Australia such as, cloud storage providers located in the United Kingdom, the United States, France and Germany. By using the Services, Users consent to the disclosure of their Personal Information to overseas recipients. Recipients include:

  1. (Hosting) Cloud and web hosting Providers;
  2. (SaaS) providers of software as a service;
  3. (Support) providers of IT support services, web and software development;
  4. (Data analytics) Google Analytics, whose privacy policy is available at (google.com/intl/en/policies/privacy);
  5. (Apple device functionality providers) Apple location services, Siri dictation, HealthKit, Apple Maps, Apple Notifications, Apple’s privacy policy is available at (apple.com/au/privacy); and
  6. (Weather forecast providers) Wunderground, which uses location to deliver Users local temperature and weather conditions.

Provider will make a good faith effort to ensure that overseas recipients deal with Personal Information in a way that is consistent with the principles of the Privacy Act, but Users will not have the same rights in relation to overseas recipients who handle their information as they would with Australian recipients.

12. Privacy contact

Questions or complaints from Users relating to Provider’s use of Personal Information should be directed to Provider’s privacy officer. Provider’s privacy officer, contactable on privacy@realifex.com.

When Users communicate a complaint to Provider, Provider will respond within 7 days, and seek to resolve the complaint entirely within 30 days if the nature of the complaint permits it.

Provider’s privacy officer will make a reasonable effort to address complaints or questions of Users, and where the privacy officer is unable to do so, the privacy officer will attempt to explain why it is unable to do so.

If Users are unsatisfied with the outcome of the complaints process, Users may complain to the OAIC (oaic.gov.au).

13. Accessing information

Under privacy law, Users have the right to contact the Provider to modify or obtain information held about them by the Provider.

14. Unknowingly collected information

Provider acknowledges that from time to time, Provider may come into possession of Personal Information without being directly aware of it, for example, from other Users or organisations using Provider’s service to store, process or publish data.

Provider will make a good faith effort to deal with such Personal Information in accordance with this privacy policy and the principles in the Privacy Act.

15. Disclosures during use of the services

During the use of the Services, Users may disclose Personal Information to Organisations. Provider will make a good faith effort to ensure that such disclosures are clear to Users, but how those Organisations handle Personal Information is beyond the control of Provider.

16. Changes to this policy

Provider reserves the right to make changes to this document in the future, either to comply with changes in Australian privacy law, or to reflect changing business practices. It is the responsibility of Users to regularly check this document for such changes.

17. Definitions

Agreement, Agreements

means the agreement arising between the parties in accordance with this document and the other documents referred to by this document.

Coaching Providers

means any entity, excluding Provider, which uses the Interface known as “Coaches | Mentors RealifePortal” to provide paid services to Users.

End User, End Users

means users of the Interfaces called “RealifeChange” and “Personal RealifePortal”

Organisation, Organisations

means an organisation using the Services.

Personal Information

means any information that is categorised as “personal information” under privacy law.

Privacy Act

means The Privacy Act 1988

Service, Services

means the Interface(s) called “RealifeChange”, “Personal RealifePortal” and “Coaches | Mentors RealifePortal”, provided by Realifex.

Users, User

means any party using the interface as either:

  • an End User; or
  • a Coaching Provider.

Your Personal Health Information is pulled from the Apple HealthKit Framework. Please find our Personal Health Record (PHR) Privacy Notice at http://www.realifex.com/tc/HealthPrivacyNotice.