This Application Terms and Conditions (Terms) is between Dolly Bhargava t/a Behaviour Help Pty Ltd (ABN 74612728275) (referred to as Behaviour Help Pty Ltd) and the entity or individual agreeing to these Terms (referred to as you or your), collectively referred to as the Parties and each a Party. These Terms governs the access and use of the Behaviour Help Pty Ltd software application and services (App) and any related services made available to you (together with the App referred to as Services). You can access the Services by accessing the Behaviour Help App on any mobile, tablet, console or such other devices which supports the App (Device). The App is available for download on the Behaviour Help Pty Ltd website at www.behaviourhelp.com and related websites (Site).
Behaviour Help Pty Ltd has implemented and will maintain security systems for the transmission of User Information consisting of encryption and "firewall" technologies that are understood in the industry to provide adequate security for the transmission of such information over the Internet.
Behaviour Help Pty Ltd agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines, as set out in Behaviour Help Pty Ltd’s privacy policy which is available on the App and Site. 10.2 You will be taken to have read the terms of the Privacy Policy when you accept these Terms.
11.1 Title to, and all Intellectual Property rights in the Site, and the App, and any documentation relating to the Services, remain the property of Behaviour Help Pty Ltd and its successors and permitted assigns. Your right to use such Intellectual Property is subject to these Terms.
11.2 You grant Behaviour Help Pty Ltd a non-exclusive, worldwide licence to use any Intellectual Property which subsists in the Data you provide in connection with the use of your Account and the provision of the Services, including copyright in any third party logos or other materials.
11.3 Title to and all Intellectual Property rights in any Data you input into the App remain your property. However, your access to the Data and continued use of the App and Services is contingent on payment of your Subscription Fee.
11.4 You grant Behaviour Help Pty Ltd a licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling you to access and use the App and for any other purpose related to provision of Services to you and the performance of Behaviour Help Pty Ltd’s obligations under these Terms.
11.5 It is the responsibility of the User to maintain copies of any data which is inputted into the App. Behaviour Help Pty Ltd will endeavour to prevent data loss, however, as data submitted via the App is hosted by third parties, Behaviour Help Pty Ltd does not make any guarantees that there will be no loss of data and does not represent or warrant that access to the App, Services the Data or an Account will be available without interruption.
11.6 If the User enables third-party applications for use in conjunction with the App, the User acknowledges that Behaviour Help Pty Ltd may allow the providers of those third-party applications to access any inputted data as required for the interoperation of such third-party applications with the App. Behaviour Help Pty Ltd is not responsible for any disclosure, modification or deletion of data resulting from any such access by third-party application providers.
12.1 Behaviour Help Pty Ltd may, from time to time, issue updated versions of the App and the App may automatically connect to Behaviour Help Pty Ltd’s or third-party servers via the internet to check for available updates to the App, and may either (i) automatically electronically update the version of the App that you are using on your Device or (ii) give you the option of downloading it. By installing the App you hereby agree to automatically request and receive updates from Behaviour Help Pty Ltd or third-party servers. You acknowledge and agree that these Terms will apply to all such updates unless separate terms are provided with the update and by downloading the update those supplementary terms will apply.
12.2 The App may contain automatic communications features which relay certain non-personally identifiable information to Behaviour Help Pty Ltd in connection with the operation of the App. This information may include your App settings and what version of the App you are using. Behaviour Help Pty Ltd may use this information for research purposes including statistical analysis of aggregate customer behaviour.
12.3 Behaviour Help Pty Ltd may provide support to the User. If you require technical support, please contact Behaviour Help Pty Ltd using the details at the bottom of these Terms.
13.1 Whilst Behaviour Help Pty Ltd intends that access to the App and Services should be available on a full-time basis, it is possible that the Site, App or Services is unavailable to due to maintenance or other development activity.
13.2 Where possible, Behaviour Help Pty Ltd will provide notice to its Users of any maintenance or development activity in advance by providing Users notice via email.
14.1 Your feedback is important to Behaviour Help Pty Ltd. Behaviour Help Pty Ltd seeks to resolve your concerns quickly and effectively. If you have any feedback or questions about the App or Services, please contact Behaviour Help Pty Ltd using the contact details at the bottom of these Terms.
14.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
14.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
15.1 The Parties agree that to the fullest extent applicable, Behaviour Help Pty Ltd’s liability for the Services provided via the Site and the App is governed by the Australian Consumer Law to the extent applicable.
15.2 Behaviour Help Pty Ltd’s liability is covered by the relevant insurance policy. Behaviour Help Pty Ltd will take steps to maintain such policies after the completion of the Services and termination of these Terms, for period as Behaviour Help Pty Ltd may be required under law.
15.3 You acknowledge that whilst Behaviour Help Pty Ltd will take reasonable steps to ensure that the Services will be fit for the purposes as advertised, Behaviour Help Pty Ltd gives no guarantees that:
15.4 The Services uses third party hosting services which are provided without any sort of warranties, and Behaviour Help Pty Ltd cannot ensure that these third party hosting services are provided free of defect or without interruption.
15.5 Behaviour Help Pty Ltd does not warrant that use of the Services will be uninterrupted or error free. The operation of the App is dependent on public telephone services, computer networks, the Internet, which can be unpredictable and may from time to time interfere with the use of the Services. Behaviour Help Pty Ltd accepts no responsibility for any such interference or prevention of your use of the Services.
15.6 Behaviour Help Pty Ltd does not provide any medical, psychological, health or related advice. You agree and will procure the Users (as applicable) to agree that any information, insights or guidance contained on the Site, App or otherwise provided as part of the Services are not an attempt to practise medicine, psychology or health science or provide any medical, psychological or health advice. The Services must not be used or relied on for any diagnostic or treatment purpose and should not be used as a substitute for professional diagnosis and treatment. Any information that is contained in any of our materials, whether provided by Behaviour Help Pty Ltd via the Site, App or through the provision of Services or by contract from any third parties, is simply for your convenience. The Information contained in our Site, App and Services is general information only and not intended to be relied upon and is not a substitute for professional medical, psychological or health advice based on personal circumstances.
15.7 You are solely responsible for determining the suitability of any Services and you rely on any information provided to you through the Site, App and Services at your own risk.
15.8 All risk arising out of the use or performance of the Services remains with you. You understand and agree that the use of the Services, material or data downloaded or otherwise obtained through the use of the Services, is at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your computer, system or network. Behaviour Help Pty Ltd is not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Services, any third party software or operating system.
15.9 To the maximum extent permitted by applicable law, Behaviour Help Pty Ltd and its licensors disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the App and Services. In no event will Behaviour Help Pty Ltd or its licensors be liable for any incidental, consequential, or cover damages, arising out of your use of or inability to use the App and Services, or any third-party software or services, even if advised of the possibility of such damages. In no event shall Behaviour Help Pty Ltd’s or its licensors’ liability for damages exceed the fees paid by you for your Account during the 12 months immediately preceding the incident.
15.10 The User acknowledges that Behaviour Help Pty Ltd may pursue any available equitable or other remedy against you as a result of a breach by the User of any provision of these Terms.
15.11 Behaviour Help Pty Ltd or its licensors’ liability for breach of any of its obligations under these Terms for the Services, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid for the Subscription to execute the App and use the Services. Behaviour Help Pty Ltd’s total liability to you for all damages in connection with the Services will not exceed the price paid by you under these Terms for the Services. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15.12 The User acknowledges and agrees that Behaviour Help Pty Ltd will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquated or any other non-compensatory damages or the consequences of non-payment.
16.1 Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
16.2 Nothing in these Terms removes your Statutory Rights as a consumer under the ACL. You agree that Behaviour Help Pty Ltd’s liability for Services provided to consumers is governed solely by the ACL and these Terms. Behaviour Help Pty Ltd excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
16.3 Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and Behaviour Help Pty Ltd expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
16.4 If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.
17.1 You will be liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms; (iii) and any misuse of the Services and/or Licence; from or by you, your employees, contractors or agents.
17.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services and Licence including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
17.3 The obligations under this clause will survive termination of these Terms.
18.1 Any notice required or permitted to be given to the User under these Terms will be addressed to the User at the email address provided by the User when requesting a Licence.
19.1 Neither Party is authorised to bind the other Party in any way without prior written consent of the other Party.
19.2 The Parties acknowledge and agree that they will not seek to bind the other Party other than with the prior written consent of the other Party.
20.1 Any person or entity who is not a party to these Terms has no right to benefit under or to enforce any of these Terms.
21.1 These Terms are personal to you. You must not assign or deal with the whole or any part of its rights and/or obligations under these Terms without the prior written consent of Behaviour Help Pty Ltd.
21.2 Any purported dealing in breach of this clause is of no effect.
22.1 Except as expressly stated to the contrary in these Terms, the powers, rights and/or remedies of a Party under these Terms are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in these Terms merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to these Terms or any other person.
23.1 If performance of the Services or any obligation under these Terms is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (Force Majeure), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
24.1 Each Party must from time to time and in a timely manner do all things reasonably required of it by another Party to give effect to these Terms.
25.1 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question will not be affected.
26.1 In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
27.1 These Terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
Insolvency Event means the occurrence of any of the following events in which a Party:
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
For any questions or notice, please contact us at:
Dolly Bhargava t/a Behaviour Help Pty Ltd (ABN 74612728275)
5 A Hartnett Close
Mulgrave, Victoria 3170, Australia
Email: dolly@behaviourhelp.com
Last update: 02 October 2024