Terms of Service

Last updated February 2021

These Terms of Service together with Privacy Policy (the “Terms”) form conditions for access to and use of www.LifeReady.io (the “Site”), and all products, services, websites, and mobile applications (together with the Site, the “Services”) that are owned and operated by LifeReady. (“LifeReady,” “we,” “us,” or “our”). Read these Terms fully and carefully before using the Services, because these Terms form a binding contract between you and LifeReady for your use of the Services. We provide you access to and use of the Services subject to your compliance with these Terms. By using the Services, you agree to be bound by these Terms. If you are an employer, benefits administrator, insurance company or any other third party institution accessing the Services on behalf of your customer or another entity, you represent and warrant that you have the authority to agree to these Terms on their behalf.

Eligibility
By registering for the Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not, under any circumstances or for any reason, use the Services. We reserve the right to change our eligibility criteria at any time, and to refuse to offer the Services to anyone for any reason or no reason at all. You are solely responsible for ensuring that these Terms comply with all applicable laws, rules and regulations (collectively, “Laws”), and your right to use the Services is revoked wherever these Terms, your use of the Services, or any part of the Services conflicts with any Laws. 

Registration and Responsibilities
You are solely responsible for keeping the email address associated with your Account accurate and up to date, since this is the primary way we can contact you about your Account and your use of the Services.

During your use of the Services you will not; intentionally impersonate another person by using their name and/or email address or use an email address for which you don’t have the proper authorization. 

You must keep your password secure and should never publish, distribute or post your Account login information, because you are responsible for any activity that occurs on your Account. You take full responsibility for permissions set relating to sharing or disclosing your Secure Information to another person or organization (each, a “Trusted Party”). You are prohibited from using another person’s account or registration information for the Services without their permission. You promise to immediately let us know if there is any unauthorized use of your Account, security breach, or change in your eligibility to use the Services. ​If you are any other third party institution accessing the Services on behalf of your customer or another entity, you represent and warrant that you have the authority to:add, create, upload, submit, distribute or post any and all Content to the Services on such customer or entity’s behalf and bind customers or entities to the licenses set forth in Section 3. 

Your Information
Overview. You are solely responsible for all Content (as defined below) that you add, create, upload, submit, distribute or post to the Services (collectively and together with Basic Information, Secure Information, Advisor Information, Cookie Information and Aggregate Information (each as explained below), “Your Information”), and you represent that all of Your Information provided or generated by you is accurate, complete, current and in compliance with all Laws. This agreement, in no way transfers rights to or ownership of Your Information to LifeReady. You guarantee that you have rights to grant such licenses to any Content to us without infringement or violation of any third party rights. 

Basic Information
“Basic Information” may include all or some of the following, first and last name of user, primary email address (“Primary Email”), gender, address and postcode, date of birth, date and time of account creation and (if applicable) deletion of your account, and Trusted Parties associated with your account on LifeReady. Basic Information is used to operate and provide the Services as well as to contact you if we need to send information about the Services. If you no longer want to receive email communications from us, follow the “unsubscribe” instructions at the bottom of any email message received. Certain types of important email communications need to always be sent to you (such as notifications about password changes, permissions changes, or changes to the Terms of Service or this Privacy Policy) and you may not be given an “unsubscribe” option while your account is active. 

Secure Information
“Secure Information” is any content that you submit through the Services, including health and medical information, personal information, financial information and legal information. By submitting Secure Information through the Services, you hereby grant LifeReady a worldwide, non-exclusive, royalty-free license to store, reproduce and display your Secure Information solely as necessary to operate the Services on your behalf. Full ownership of your Secure Information is still retained by you and in no way does this, or any other Terms or Policy transfer ownership of Secure Information to LifeReady.All Secure Information stored on LifeReady will be fully encrypted using LifeReady’s patented KeyCrypt™ security architecture meaning in no situation can LifeReady employees, contractors or other associated parties access any Secure Information users submit through the Services. LifeReady may collect data on a categorical basis solely as necessary to operate, provide and improve the Services, but never the content or details of Secure Information. 

Advisor Information
“Advisor Information” is only applicable if you are working with a financial advisor, an employer, benefits administrator, insurance company or any third party institution (collectively, a “Partner Provider”) to provide you access to the Services. Your Partner Provider may be able to see information about your use of and access to the Services but will not be visible to any other Partner Providers. This may include the type of LifeReady plan you select, details about the time and date you last logged in to the Services, your total logins to the Services, and an overview of sections of your LifeReady profile which have been partially or fully completed (collectively, the “Usage Information”). By accepting a Partner Provider’s invitation to sign up for the Services, (an “Invitation”), you hereby grant LifeReady a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to store, aggregate, reproduce and display User Information, internally or to your Partner Provider, solely as necessary to operate, provide and improve the Site, the Services and our businesses, including after termination of your Account or the Services. You also hereby grant your Partner Provider, a non-exclusive, perpetual license to access your Usage Information through the Services, and to use, prepare derivative works of, and display such Usage Information, including after termination of your Account or the Services. Usage Information may be personally identifiable and may be tied back to you, your Account and/or your web browser. Usage Information will never contain any Secure Information.

Aggregate Information
“Aggregate Information” is information about how you use the Services as well as some demographic information (such as age range, gender, country and state of residence). Through your use of the Services you grant LifeReady a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to truncate, aggregate, reproduce, distribute, prepare derivative works of, store, display and transmit Aggregate Information generated in connection to your use of the Service, including for promoting or marketing the Site or the Services in any media formats and through any media channels, and including after termination of your Account or the Services. Aggregate Information can never be linked back to you, your Account or your web browser and will never include Basic Information, Secure Information, or Advisor Information.

Cookie Information
“Cookie Information” is collected via cookies which enable  automated recognition of your web browser and tells us how and when you visit the Site and use the Services. Cookies stored through your web browser when you access a website and do not contain any Basic Information, Secure Information, or Advisor Information. 

The security, privacy, and confidentiality of your Secure Information are of utmost and critical importance to us. When we collect your Personal Information, including without limitation your Secured Information, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws. We use industry leading administrative, physical and technical protections to safeguard the security, privacy, confidentiality and integrity of your Personal Information, especially your Secure Information. We will never share Secure Information with third parties without your express permission, such as when you request Content to be shared with a Trusted Party. Our Services rely on the Patented KeyCrypt™ security architecture which provides industry leading end to end and client level encryption. 

​The security, privacy, and confidentiality of your Secure Information are of utmost and critical importance to us. When we collect your Personal Information, including without limitation your Secured Information, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws. We use industry leading administrative, physical and technical protections to safeguard the security, privacy, confidentiality and integrity of your Personal Information, especially your Secure Information. We will never share Secure Information with third parties without your express permission, such as when you request Content to be shared with a Trusted Party. Our Services rely on the Patented KeyCrypt™ security architecture which provides industry leading end to end and client level encryption. 

LifeReady’s Proprietary Rights
Any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise made accessible on or through the Services (collectively, “Documentation”) are LifeReady’s property or that of our suppliers or licencors, and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Documentation that you access through the Services. Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Documentation solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Documentation for purposes other than using the Services is expressly prohibited without our prior written permission. You shall not sell, license, rent, or otherwise use or exploit any Documentation for commercial use or in any way that violates any third party right. 

We can;
- remove, edit or modify any Documentation in our sole discretion at any time, without notice to you and for any reason (including without limitation if we think you may have violated these Terms or upon receipt of claims or allegations from third parties or authorities relating to such Documentation) or for no reason at all or 
- remove or block your access to any Documents available on the Services at any time for any reason or no reason at all.

Acceptable Use
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and Condition and all Laws. You also agree to respect the privacy and Secure Information of other users of the Services.

You agree not to, and shall not allow anyone else to take any action or upload, download, post, submit, distribute or facilitate the distribution of any Content, that:includes anyone else’s identification documents or sensitive financial information;infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity or violates any law or contractual duty;you know is false, misleading, untruthful or inaccurate;impersonates, intimidates or harasses any person or entity, including any of our employees or representatives;constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; oris unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

You are further prohibited from violating or attempting to violate the security of the Services or LifeReady’s other systems or network security, including without limitation the following:accessing data not intended for users of the Services;gaining unauthorized access to an account, server or any other computer system;attempting to or engaging in, directly or indirectly, probing, scanning or testing the vulnerability of a system or network or to breach security or authentication measures;attempting to interfere with the function of the Services or the Services’ host or network, including without limitation by submitting, directly or indirectly, any Content or Your Information that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;sending altered, deceptive or false source-identifying information, including without limitation “spoofing” or “phishing”; orforging any TCP/IP packet header.

Payments and Billing
Access to our Services may require payments and any payment terms presented to you in the process of using or signing up for Services are incorporated into these Terms. LifeReady accepts credit card payments for use of the Services through our third-party payment processor. The processing of payments will be subject to the terms, conditions and privacy policies of our third-party payment processor in addition to these Terms. By choosing to use the Services, you agree to pay us, all charges at the prices in effect for use of such Services and you authorize us to have your credit card charged. The terms of your payment may be determined by agreements between you and your credit card company. If we do not receive payment from you, you agree to pay any amounts due upon demand.LifeReady will bill any fees associated with your use of the Services plus applicable tax to the credit card you provide. By signing up for the Services, you acknowledge that the fees associated with your use of the Services will be automatically billed again on each renewal date thereafter unless and until you cancel your use of and access to the Services. You agree that consistent recurring subscription fees may be charged automatically by us without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your credit card information. Such notice will not affect charges submitted before we could reasonably act and will come into effect at the end of the applicable billing period. You are responsible for keeping your credit card information current, complete and updated. If your credit card reaches its expiration date, we may attempt to contact you to update your payment information using your primary email address associated with your Account. You agree to promptly notify us and your credit card company if your credit card is canceled or if you become aware of potential breach of security. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information you provided for payment, we reserve the right to suspend or terminate your access to the Services. All fees and charges are prepaid and nonrefundable. LifeReady may change the fees and charges in effect, or add new fees and charges from time to time, but we will notify you of any such changes in advance through your primary email address associated with your Account. Any free trial or other promotion that gives you access to the Services must be used within the specified time of the trial and you must stop using and cancel your access to the Services before the end of the applicable trial period to avoid being charged for the Services. 

Termination
You may terminate your Account and use of the Services at any time and termination will become effective at the end of the applicable billing period. You must terminate your Account before the start of a new renewal period to avoid having the next period’s fees billed to your credit card. Any charges submitted to or processed by us before we could reasonably act in response to such cancellation will not be affected. LifeReady will not issue a refund for any previously charged fees associated with the Services prior to any such termination. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, any licenses to Basic Information, Usage Information, or Aggregate Information, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

Warranty Disclaimer
You release us from all liability for any release of Your Information, including your Secure Information pursuant to; our receipt from you of any instructions or permissions authorizing such release, including actions taken by any Trusted Party you authorise, andany requirements by law for us comply with a subpoena or analogous legal process or governmental request.

The services, including without limitation all content, information, function, and materials, is provided “as is,” “as available” and without warranty of any kind, express or implied, including without limitation any warranties implied by any course of performance or usage of trade, any implied warranties of title, non-infringement, merchantability and fitness for a particular purpose.We have implemented industry leading administrative, physical and technical protections to safeguard the security, privacy, confidentiality and integrity of your Personal Information, especially your Secure Information. 
We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: the services will be timely, secure, free from hacking or other security intrusion, uninterrupted, error free, or available at any particular time or location;any defects or errors will be corrected; any content or software available at or through the services is free of viruses or other harmful components; or the results of using the services will meet your requirements or expectations. 

If you are dissatisfied with the services, your sole remedy is to discontinue using the services.

LifeReady is Not a Licensed Professional
LifeReady is not a licensed healthcare provider, medical professional, law firm, or financial advisory firm, and the employees of LifeReady are not acting as your healthcare providers, medical professionals, attorneys, or financial advisors. The information or materials that you obtain or receive from LifeReady, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on or through the Services is for informational purposes only. At no time does LifeReady review the information you provide us for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation. Neither LifeReady nor the Services are intended to provide personalized financial or tax advice, and you hereby agree that any information provided to or accessed by you from time to time on or through the Services is not developed or provided by LifeReady as investment advice and will not be used or treated by you as investment advice.

Indemnification
You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from Your Information, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.​

Limitation of Liability
To the greatest extent permitted under applicable law, in no event shall we, our affiliates, nor any of our or their respective directors, employees, agents, partners, suppliers or content providers, be liable to you or to your read or write access deputies, heirs, successors or your estate for any indirect, special, incidental, consequential, compensatory, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the services, content, materials and functions related thereto, unauthorized access to or loss, corruption or alteration of your information, data, transmissions, content or other information, any bugs, viruses, trojan horses, or the like (regardless of the source of origination) statements or conduct of any third party on or using the services, LifeReady’s actions or omissions in reliance upon your account or credit card information and any changes thereto or notices received therefrom, your failure to protect the confidentiality of your information or any passwords or access rights to your account, the acts or omissions of any third party using or integrating the services or any other matter relating to the services, including without limitation, loss of revenue, anticipated profits, goodwill, lost business, use, data, sales, cost of substitute services, or other intangible losses (however arising), even if LifeReady or its representative has been advised of the possibility of such damages; or any direct damages in excess of (in the aggregate) of the greater of fees paid to us for the particular services during the immediately previous three (3) month period or (b) $500.00.​

Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Australia. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Victoria, Australia.​

Modification
We can modify, amend, change or replace any of the terms, conditions or provisions of these Terms, or change, suspend or discontinue the Services (including without limitation the availability of any feature, database or content) at any time by replacing these Terms on the Site and by sending you a notice via email. It is your responsibility to check these Terms periodically for changes, and to keep your email address current.  We may also impose limits on certain features and services or restrict your access to part or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes. If you disagree with the new terms, please stop using the Services. In the unlikely event that we discontinue the Services, we will notify you and provide facilities for you to export and Your Information for a minimum period of 2 years. ​

Miscellaneous
These Terms and all other LifeReady agreements and policies expressly incorporated by reference, each as may be amended or modified by LifeReady in accordance with its terms from time to time, together constitute the entire agreement between you and us and govern your use of the Services, and supersede all prior or contemporaneous communications and agreements of any kind between you and us with respect to the Services. If any incorporated agreements or policies conflict with these Terms, these Terms shall control. The section headings are for convenience only and shall not affect their interpretation or legal and contractual effect. If the terms and conditions of these Terms and the section headings conflict, the terms and conditions of these Terms shall prevail. We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instances does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. These Terms are personal to you, and you may not assign, transfer or sub-license any of your rights or obligations under these Terms without LifeReady’ express prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. LifeReady may suspend or terminate your Account if you violate these Terms. We may attempt to notify you before suspending or terminating your Account so that you can export or delete your Secure Information, but we reserve the right to immediately suspend or terminate your Account in certain circumstances, such as causing harm to another user, disrupting other users’ use of the Services, or causing LifeReady potential legal liability. Unless otherwise specified in these Terms, all notices under these Terms will be delivered in writing and transmitted by email to your Primary Email.