The SimpleReflect Application (“App”) and the Simple Reflect website www.simplereflect.com.au(“Website”) are owned and operated by Simple Reflect Pty Ltd (ACN 163 195 499) of 5/44-48 Cowper Street, Randwick NSW 2031 (“we”, “us” or “SimpleReflect”).References to “you” or “User” are references to individuals who are users of the Website and/or the App, and SimpleReflect customers.
Please read the following Terms & Conditions of Use (‘the Agreement’) carefully before using the Website and the App. By visiting the Website and by using the App, you are agreeing to be bound by terms & conditions of use, which shall form a legally binding agreement between you and SimpleReflect.
Part A. User agreement governing use of website
1. User agreement
If you do not agree to the terms and conditions as set out in this Agreement, you must not use the Website or the App.
2. Modification of Terms and Conditions
SimpleReflect reserves the right to amend, vary and or replace the Agreement at any time, and from time to time, at SimpleReflect’s sole discretion. We are under no obligation to notify you of any changes to the Agreement, so it is important for you to consistently review these terms. Your continued use of the SimpleReflect Website and/or the App will be deemed to be your acceptance of any amendment, variation, and/or replacement of the Agreement.
3. Legal capacity
By registering as a user on the SimpleReflect website, you warrant to SimpleReflect that you are:
– these Terms & Conditions of Use; and/or
– entering into a legally binding contract with SimpleReflect with respect to the software services it provides
4 Unauthorized use of the Website and the App
You agree to use this Website only for purposes that are permitted by:
– eighteen (18) years of age or above; and
– any applicable laws or regulations.
You agree not to engage in any activity that interferes with or disrupts the Website, the App or the servers and networks that host the Website and the App. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website and the App.
You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from SimpleReflect (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of SimpleReflect.
Any fraudulent, illegal or unauthorized use of the Website and the App shall constitute a violation of these Terms & Conditions of Use. You understand and agree that SimpleReflect may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
5 Limitation Of Liability
Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“The Australian Consumer Laws”) grant you certain rights and protections related to the provision of goods and services that cannot be excluded. Nothing in this Agreement can exclude or restrict the application of such laws but, to the extent that it can under these laws, SimpleReflect does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website or the App outside these consumer laws. Subject to claims available under consumer protection laws, neither SimpleReflect nor its directors are liable:
– to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website or the App.
– for disruptions to this Website or to the App; and
– to you or anyone else if interference with or damage to your computer or tablet occurs in connection with use of this Website, an external website or the App. You must take your own precautions to ensure that whatever you select for use from this Website and the App is free of viruses or anything else that may interfere with or damage the operation of your computer or tablet.
For claims that cannot be excluded or restricted under consumer protection laws, the liability of SimpleReflect for such a claim will (at SimpleReflect’s option and to the extent permitted by law) be limited to:
in the case of goods:
– repairing or replacing those goods; or
– paying the cost of having those goods repaired or replaced; and
if the breach relates to services:
– resupplying those or equivalent services; or
– paying the cost of having those services resupplied.
You will at all times indemnify, and keep indemnified, SimpleReflect and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by SimpleReflect arising from any claim, demand, suit, action or proceeding by any person against you or SimpleReflect where such loss or liability arose out of, in connection with or in respect of your use of the Website or the App, your conduct and/or your breach of these Terms & Conditions of Use.
7 Links To Third Party Websites
8 Intellectual Property
The intellectual property rights in the software made available for your use as part of the App remain SimpleReflect’s property, and are protected by intellectual property laws.
You are permitted to use, print and display the software for your own personal use. You are not permitted to manipulate, distribute or otherwise reproduce, in any format, the software which forms part of the App in connection with any business or commercial purpose.
9 Reporting obligations
SimpleReflect does not give any guarantee or warranties, or make any representation of any kind, express or implied, that your use of the App will fulfill your reporting requirements under any applicable regulatory framework including, without limitation, Early Years Learning Framework, National Quality Standard Professional Learning Program and My Time, Our Place – Framework for School Age Care.
Neither SimpleReflect nor its directors are liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with you failing to meet your requirements under any applicable regulatory frameworks.
10 Member Account Validity and Termination
You must be a resident of Australia to register for a SimpleReflect account and download the App.
SimpleReflect reserves the right to terminate any User account at any time. SimpleReflect also reserves the right to refuse membership.
11 Transactions and accounts
11.1 Fraudulent Transactions
If a User’s account is found to be connected with any fraudulent activity, the account may be terminated without notice and any fees or charges paid will not be refundable.
If an account is found to be used for spamming purposes, the account may be terminated without notice and any fees or charges paid will not be refundable. Spamming is defined as publishing SimpleReflect links with an account ID outside of the SimpleReflect website (http://www.SimpleReflect.com.au).
11.3 Dormant Accounts
If an account is found to be dormant (no recorded login for a period of 12 months) the account may be terminated without notice.
11.4 Activities affecting SimpleReflect's reputation
SimpleReflect reserves the right to terminate a User’s account without notice if a User is found to be operating their account in a manner which is deemed by SimpleReflect as damaging to its reputation. This includes, but is not limited to, activities that have a detrimental effect on the service that SimpleReflect can offer to all its members.
12 Payment terms
Your credit card will be billed monthly or yearly as per your subscription plan. If the transaction fails for any reason, you will need to take complete the transaction within 14 days.
If a User has not paid their outstanding account balance within 14 days from date of transaction failure, SimpleReflect reserve the right to restrict access to the User’s account on the App without further notice.
If an outstanding account balance remains unpaid after 90 days, SimpleReflect reserve the right to terminate the User’s account without further notice. From this point in time the user's account will be restricted such that no further entries can be made but allowing access to previous entries such as observations and reflections.
13 Refund Policy
We do our very best to consistently deliver quality products to you. If you are facing any problems with the App or the Website, we ask that you let us know by contacting us at firstname.lastname@example.org and giving a chance to fix the issue. We’re always looking for ways to improve, so your feedback is always important for us.
If you are still not satisfied with the App after we have tried to address your concerns, we will refund your most recent payment in full.For example, if you have been a customer of ours for 3 years and have just pre-purchased a 4th year of subscription when you decide you would like a refund, we are happy to refund this 4th year of subscription fees.
SimpleReflect reserves the right to refuse any refund if we believe that, without limitation, the request to terminate is vexatious or there are no reasonable grounds for the request.
14 Data on Termination
If a User cancels their subscription to the App, or if a User’s account is terminated pursuant to this Agreement, then:
– SimpleReflect may make the User’s reflections and observations from the App available for download in PDF format, for a maximum of 30 days after the date of termination
– SimpleReflect reserves the right to pass on to the User any data storage costs associated with retaining any of the User’s data if it is not downloaded within the 30 day period.
15 General Terms
Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and SimpleReflect.
SimpleReflect will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside SimpleReflect’s control which is not due to any lack of reasonable prudence or foresight.
Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effectSimpleReflect’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision or any other provision of this Agreement.
These Terms & Conditions of Use are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.