TERMS OF USE AND APP CUSTOM END-USER LICENCE AGREEMENT
1. Your acceptance of these Terms of Use
These Terms of Use (“Terms”) apply to your / your minor’s access and use of the app known as Zown (“App”) and the websites accessed via domains zown.app and parents.zown.app (“the Websites”) (collectively “the Sites”), operated by Zown Pty Ltd (ACN 658 764 455) (“Zown”, “we” or “us”). By accessing any of the Sites, you agree to accept and be bound by the Terms as they appear on the Sites from time to time.
To the maximum extent permissible by law, we may revise the Terms from time to time by posting a revised version of the Terms on the Sites. Unless otherwise stated at the time, the revised Terms will take effect when they are posted and your continued use of the Sites after that date will constitute your acceptance of the revised Terms.
The App is intended for use by minors under the age of 18 years. By authorising the subscription to the App through your Apple ID, you:
warrant that you are the parent or legal guardian of the child / minor who you will allow to access and use the App on the device linked to your Apple ID;
approve the subscription for your child’s / minor’s access to, and use of, the App;
accept these Terms on your own behalf and on behalf of your children / minors who use the App; and
agree to pay the subscription fees referred to in clause 3(F) of these Terms (if purchasing a premium subscription) through the credit card linked to your Apple ID account and being charged in accordance with these Terms.
After downloading the App, users of the App are again required to accept the Terms when creating an account to use the App.
Unless otherwise stated in these Terms, “you”, “your” or “user” means the parent / guardian and / or their children who are accessing or using any of the Sites, as the case may be.
2. Content on the Sites
Content appearing on the App may cover, but is not limited to:
Fitness (exercise ideas, goal setting, nutrition for fitness, sports tips and preparation, meditation);
Tween and Teen Years (puberty, navigating social media, transitions and change, body image);
School (exam prep, friendship, bullying, study techniques, how to get help);
Good News (recommendations, happy stories, good stuff, random acts of kindness, boredom busters, environmental);
Health (body image, mental health, mindfulness, sex education, drugs, alcohol and other substances, puberty, how to get help);
Recipes; and
Topical news and trends.
Content appearing on the Sites may cover, but is not limited to:
Body image;
eSafety;
Tips for raising teens and tweens;
Drugs, alcohol and other substances;
Health;
Fitness;
Friendship and Bullying;
Mental Health;
Puberty;
Recommendations; and
Self esteem.
The content and any features or functionality appearing on the Sites from time to time is subject to change at any time.
Zown and its officers, employees or representatives are not the author of all of the pieces of content appearing on the Sites. Zown locates and compiles (as permitted) content from various other sources to create a pool of resources which may be of interest or relevance to parents / guardians and their children / minors during their children’s / minor’s teenage years.
Zown attempts to keep the content appearing on the Sites relevant and up to date, however, except as otherwise required by law, or set out herein, Zown does not warrant the accuracy, currency or continuity of the content appearing on the Sites (or any linked websites) at any time.
If you consider any content that has been posted to, or linked to, any of the Sites is offensive, unsuitable or has in some other way breached these Terms, please report it via the “Report” functionality on the App, or email us at hello@zown.app with a link to, or a screen shot of, the relevant content and your reasons for objecting to it. We will consider your objection and determine whether the content should be removed from the App and / or the Site/s at our sole discretion.
When you click a link on any of the Sites, you may be taken to another website which may be operated by a third party and outside of Zown’s control. You should review the privacy practices and terms of use available on that website.
Zown’s decision to include a link to any piece of content on any of the Sites does not constitute Zown’s recommendation or endorsement of the content, the taking of any actions recommended in the content in any circumstance, the third-party websites to which the content links, or the products and / or services those third-parties provide or offer. You access those third-party websites, use or rely on any of the content, and use or buy their products and services solely at your own risk.
Content available on any of the Sites is for information purposes only. Your use of that content and decisions made by you after having viewed that content is at your own risk and discretion.
Save as otherwise required by law, Zown does not warrant the accuracy or suitability for use of any content appearing on any of the Sites.
Some of the content appearing on the Sites may appear there because it is sponsored by a third-party, for example, when a third party provides information on a topic that is typically covered on any of the Sites, and includes their name, logos, branding and other marketing material on that information. Third parties may pay us a sponsorship fee to feature this sort of content on the Sites.
3. Subscriptions
When subscribing to use the App, you acknowledge and agree that the App is licensed to you as set out in clause 3(B) of these Terms, and not sold to you.
Some of the content appearing on the Sites may only be available to you if you purchase a premium subscription to the App. When subscribing to the App, subject to your ongoing compliance with these Terms:
Zown grants to you a limited, non-transferrable, non-assignable, non-exclusive, non-sublicensable, revocable right to:
access the free features of the App (as advertised on the Sites from time to time) on the relevant device used to subscribe to use the App and to create an account personal to you on the App;
view the content freely available to all non-premium subscription users of the App; and
input your data into your personal account on the App, as permitted by these Terms;
if and only if you purchase a premium subscription to the App, and pay to Zown the premium subscription fees set out in clause 3(F) of these Terms, Zown grants to you a limited, non-transferrable, non-assignable, non-exclusive, non-sublicensable, revocable right to access the premium subscription features available through the App from time to time as advertised on the Sites.
If you subscribe to access and use the App, your subscription commences on the date on which you subscribe through the relevant app store, and continues:
on a monthly basis, which automatically and continually renews for further monthly terms immediately prior to conclusion of the relevant month, until terminated in accordance with these Terms if you select a monthly subscription (“Monthly Subscription”); or
on an annual basis, which automatically and continually renews for further annual terms immediately prior to conclusion of the relevant year until terminated in accordance with these Terms if you select an annual subscription (“Annual Subscription”).
You may switch between a Monthly Subscription and an Annual Subscription at any time by making the relevant request through your account settings on the App.
Zown provides you with a free trial period when you subscribe to the premium version of the App, being 7 days if you opt for a Monthly Subscription or 14 days if you opt for an Annual Subscription. If you delete the App prior to expiry of the relevant trial period, you will not be charged any of the subscription fees set out in clause 3(F) of these Terms.
In consideration of your access to, and use of the premium version of the App, and only following the relevant trial period referred to in clause 3(E) of these Terms, you agree to pay to Zown:
AUD $3.99 per month, or such other fee advertised at the time of subscribing, if you opt for a Monthly Subscription; or
AUD $39.99 per year, or such other fee advertised at the time of subscribing, if you opt for an Annual Subscription;
in subscription fees (“Subscription Fees”).
Unless you delete the premium version of the App prior to the conclusion of the relevant trial period, if you opt for a:
Monthly Subscription of the premium version of the App then the first monthly payment of the Subscription Fees is payable on the date which is 8 days after you subscribe, and each subsequent payment of the monthly Subscription Fees is due on the monthly anniversary of your subscription date until such time as you delete the App, or vary your subscription as contemplated under these Terms; or
Annual Subscription of the premium version of the App then the first annual payment of the Subscription Fees is payable on the date which is 15 days after you subscribe, and each subsequent payment of the annual Subscription Fees is due on the annual anniversary of your subscription date until such time as you delete the App, or vary your subscription as contemplated in these Terms;
You may elect to change your subscription from monthly to annual, or annual to monthly, through the App at any time. If you elect to make any such change, your next scheduled payment of your Subscription Fees (if applicable) will be varied to reflect your request, and the monthly or annual (as applicable) Subscription Fee thereafter will be due on the monthly or annual (as applicable) anniversary of that date.
If you have subscribed to the premium version of the App, Zown will notify you [seven (7)] days prior to your monthly or annual renewal that your subscription is due to automatically renew, and provide you with the option to change your renewal term from monthly to annual, or annual to monthly, as applicable. If you do not request any changes in this regard, or delete the App, prior to the automatic renewal date, your subscription will automatically renew for the same term (being either monthly or annual) as your previous term. If you delete the App prior to the due date for renewal of your subscription, no additional Subscription Fees will be charged to you for that subscription.
Regardless of whether you have the free or premium version of the App, some of the features or benefits of the App may only be available to you if you pay an additional fee to access them (“In-App Purchases”). If Zown provides you with an opportunity to make any In-App Purchases, then additional terms and conditions (“In-App Purchase Terms”) may apply in relation to those In-App Purchases, which will be made available to you prior to your purchase. Any In-App Purchase Terms will be incorporated into, and form part of, these Terms at the time of your purchase. If there are any inconsistencies between these Terms and any In-App Purchase Terms, then the In-App Purchase Terms will prevail to the extent of any inconsistency.
Subscription Fees are paid directly via the relevant app store you use to gain access to the App.
Subscription Fees are stated in Australian dollars and may be subject to Australian GST.
You represent and warrant to us that any credit card or payment information you use to pay the Subscription Fees is accurate and complete and that you are duly authorised to make payment of the Subscription Fees using that credit card. You agree to immediately update your credit card details if they change at any time during which your subscription continues.
Zown may suspend your use of the premium version of the App (downgrading you to the free version of the App) during any time that Subscription Fees are outstanding for payment, until payment of all outstanding Subscription Fees have been paid by you, and Zown is not liable for any loss that you suffer as a result of such suspension.
Zown reserves the right, at any time, to vary the price of the Subscription Fees by providing at least [30] days written notice to you. If you do not accept the variation to the Subscription Fees as notified to you, you may delete the App [(or downgrade to the free version of the App by making that request through the App settings)] prior to the effective date of the variation of the Subscription Fees. If you fail to delete the App [(or downgrade to the free version of the App)] prior to the effective date of the variation of the Subscription Fees, you will be deemed to accept the variation of the Subscription Fees as notified to you.
Any variation to the Subscription Fees will be reflected in your next payment of the Subscription Fees provided it is following the notice period set out clause 3(M) of these Terms.
By accessing any of the Sites and regardless whether you have the free or premium version of the App, you agree that we can show you ads that third parties pay us to promote through the Sites. You further agree that we may use aggregated data collected from your use of any of the Sites, and any content that you interact with on any of the Sites, for the purpose of reporting to any of our advertisers. In doing so, we do not sell or provide any of your personal information to our advertisers.
4. App Usage
You can only gain access to the App if you subscribe to use the App via the relevant app store and, if you subscribe to the premium version of the App, following any initial trial period, pay the Subscription Fees as required.
Users of the App will be assigned a user number, which will be used to identify the users of the App.
Personal information such as names, email address and contact information will not be publicly displayed on the App to other App users.
Users of the App may request to contribute content for publishing on the App via the Contributor’s Corner section of the App. When doing so, users agree:
to only upload content in which the user owns all intellectual property rights;
to provide Zown with a royalty free, non-exclusive, sub-licensable, transferrable right to display the content on the App, display the content on any of the Sites, display the content on any social media account used by Zown or its officers or personnel, use the content either alone or combined with other materials in any advertising or marketing materials created by or on behalf of Zown to promote Zown and / or the App, or any other related purpose;
not to upload any content which could be considered to be harmful, offensive, unlawful, abusive, derogatory or obscene;
not to upload any content which might infringe on any right of any third-party; and
if the content contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the user has obtained the authority of that person, or that person’s legal guardian if that person is a minor, to make use of his/her name or representation or the copy as intended.
Zown is not required to publish any content submitted through the Contributor’s Corner on the App, and may decline to publish any content without assigning any reason for doing so.
Zown may remove any content published by Zown which has been submitted by any user to Zown for publishing on the App at any time.
In order to protect your privacy, you will not be personally identified by name (rather by user number) as the author of the content you submit to Zown for publishing on any of the Sites, and you consent to Zown publishing the content on any of the Sites without attribution to you by legal name as the author.
You agree that Zown may edit any content that you submit to Zown for publishing on any of the Sites prior to publishing that content.
You expressly consent to Zown undertaking any act or omission in relation to content submitted by you for publishing on any of the Sites which might otherwise constitute an infringement of your moral rights.
You as the user of the App are responsible for creating a secure username and password for accessing the App, and for protecting your login details from unauthorised use. Zown accepts no responsibility for any unauthorised use of the App due to your failure to properly secure your login details. You are liable for all actions taken on the App using your login details.
You must not share your login details with any third party, or allow any third party to log in to your account on the App using your login details.
When first logging onto the App, you as the user of the App will be shown images and requested to select images that you like. Zown will use that data to show you content which Zown considers is likely to be of most interest to you based on your selections.
You as the user of the App agree that if you submit content to Zown via the App, including, but not limited to, via the Contributor’s Corner, which Zown considers may warrant forwarding to any relevant authority, Zown may forward that content to the relevant authority without notice to you.
Zown may collect data about your use of the App and combine that data with data collected from all users of the App for the purpose of disclosing statistics extracted from the aggregated data publicly on the Websites or social media accounts operated by Zown.
You acknowledge and agree that if you submit a question through the “Ask Me Anything” functionality on the App, your question and any answer provided by or on behalf of Zown, or any third party assigned to answer the question, will be publicly displayed on the App next to your user number, without reference to your legal name.
You acknowledge and agree that there is no functionality within the App for connecting with other users of the App.
You must not interfere with or impede on any other users of the App or any of the Sites in any way.
5. Termination of Subscription
You may:
terminate your subscription to the App at any time by deleting the App; or
if you have a premium version of the App, downgrade your subscription to the free version of the App at any time by making that request through the App settings, in which case your access to the features associated with the premium version of the App will cease on conclusion of the relevant period for which you have paid Subscription Fees;
Zown may terminate your subscription to the App and revoke your access at any time if:
you breach these Terms, and if capable of remedy, you fail to remedy the breach within 14 days of notice by Zown to remedy the breach;
Zown reasonably suspects that you are acting fraudulently (such as using an alias name or contact details, or credit card without proper authorisation); or
If Zown is otherwise unable or unwilling to continue to provide the App;
Zown may downgrade your subscription to the App by removing your access to the features associated with the premium version of the App at any time if your Subscription Fees remain outstanding for payment for more than [seven (7) consecutive days];
Termination of your subscription to the App does not affect the accrued rights of either party prior to termination.
Following termination of your subscription by you or Zown, Zown may immediately, or anytime thereafter, delete or erase any of your data input by you into your account on the App and, unless otherwise required by law, Zown will not provide you with a copy of that data prior to its deletion or erasure.
6. Intellectual Property Rights
You acknowledge that the Sites, and the content appearing on the Sites, are subject to copyright and features common law and / or registered trade marks, owned by, or licensed to, Zown.
Zown reserves all rights in relation to the Zown copyright and trade marks. You agree not to use any of the Zown copyright or trade marks without our prior written consent.
Nothing herein, and nothing you do on or in relation to the Sites will transfer any intellectual property rights in any of the Sites, or any content appearing on any of the Sites, to you or, except as otherwise expressly stated herein, license to you any intellectual property rights.
You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the content on the Sites, except as permitted by these Terms or as agreed by Zown in writing.
The use of any trade marks on the Sites that are not owned or licensed by Zown is not intended to indicate any association with, or endorsement by, the owner of that trade mark.
The Site may contain graphics and other visual representations of products protected by law. Zown takes active steps to protect its rights in its copyrights and designs and strictly enforces these rights pursuant to the applicable laws.
Making electronic, or other, copies of any content displayed on the Sites, or the Sites themselves, with the intent of reproducing them in whole or in part is strictly prohibited.
7. Special Promotions
Zown may from time to time run special promotions through any of the Sites or any social media account operated by Zown (collectively the “Promotion Sites”).
Zown may also conduct trade promotion competitions through the Promotion Sites. You should review the full terms and conditions of any trade promotion available on the Promotion Sites (“Competition Terms”), which are incorporated into these Terms by reference, prior to submitting an entry to the competition. If there are any inconsistencies between these Terms and the Competition Terms, the Competition Terms will apply to the extent of any inconsistencies with these Terms in relation to the competition.
8. User Generated Content
We may ask our Site users and social media followers to share content on their social media accounts (“UGC”) using specific hashtags.
By using the specific hashtag, you acknowledge, agree and warrant in favour of Zown that:
you own all rights in the UGC and/or have obtained appropriate rights and consents from any other persons featured in the UGC to share the UGC with Zown and for Zown to use that UGC in accordance with these Terms.
the UGC may be saved by Zown and the UGC and / or a reference to your social media handle may be posted by us across any of the Promotion Sites and used in any of our marketing materials at any time after you have shared it;
we may enhance, adapt, crop or otherwise modify the UGC for our own desired use across any of the Sites;
the UGC complies with the terms of use and all applicable policies on the platform on which you share it; and
you are responsible for the UGC and you release and indemnify us on a full indemnity basis from any liability for any demands by a third party related to Zown’s use of the UGC in accordance with these Terms.
9. Liability
To the maximum extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to the Sites or these Terms that are not otherwise expressly contained in these Terms are excluded.
Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited.
If any guarantee, term, condition or warranty is implied or imposed into these Terms (a Non-Excludable Provision) and Zown is able to limit your remedy for a breach of such a Non-Excludable Provision, then Zown’s liability for breach of the Non-Excludable Provision is limited to (at Zown’s option), the replacement of the goods or services or the supply of an equivalent good or service, the repair of the goods or services, the payment of the cost of replacing the goods or services or of acquiring goods or services, or the payment of the cost of having the goods or services repaired.
Subject to Zown’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of Zown for all claims under or relating to these Terms or your use of the Sites, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the Subscription Fees actually paid by you to Zown (if any).
In calculating Zown’s aggregate liability to you, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by Zown under any Non-Excludable Provision.
Subject to Zown’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, Zown is not liable for, and no measure of damages will, under any circumstances, include:
special, indirect, consequential, incidental or punitive damages; or
damages for loss of data, profits, revenue, goodwill or anticipated savings, or damage to reputation, whether in contract, tort (including negligence), in equity, under statute or on any other basis.
Zown’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
Your use of the Sites generally is at your own risk. Except in the case of statements made by Zown about access to or use of the Sites, you must not rely on any statement published on or linked to the Sites without first making your own enquiries to verify the information.
To the extent permitted by law, all information on or linked to on the Sites, save for information about access to or use of the Sites, is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quality, freedom from defects or non-infringement.
To the extent permitted by law, except as expressly stated herein, Zown does not accept any responsibility or liability for:
any statement in the material on or linked to the Sites; or
any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Sites and its content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
You agree to indemnify and hold Zown and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of, or in connection with, content you submit, post, transmit or otherwise make available through the Sites or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
You as a parent or guardian acknowledge and agree that except as otherwise expressly set out herein, Zown accepts no liability for communicating with parents about their child’s use of the App, or any content or materials submitted by their child through the App, and you as the parent or guardian irrevocably release and hold Zown harmless from any claims for such liability.
10. Your Use of the Sites
In accessing and using the Sites, you must not post or transmit on any part of the Sites which:
breaches any laws or regulations or are contrary to any relevant standard or codes;
interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site users from using the Sites;
constitutes the promotion of gambling, the promotion of another website or commercial advertising;
infringes anyone else’s copyright or other intellectual property rights;
tampers with, hinders or modifies the Sites or any feature on the Sites; or
knowingly transmits any viruses or other disabling features to any of the Sites.
When providing us with information through the Sites, you understand and agree not to provide false information about yourself, not to impersonate another individual or provide misleading or false content.
Whilst we take steps to maintain the Sites, we do not warrant that your access to or use of the Sites will be uninterrupted or error free, or that the Sites or any material on or accessible through the Sites is free from errors, viruses, worms, trojan horses or other harmful components.
You agree that we may run updates to any of the Sites at any time, which may include removing an existing feature on any of the Sites, varying a feature or adding new features in an effort to improve the Sites or your use of the Sites.
In order to access the parents.zown.app website, you as the parent will be required to register by providing your name and email address. You must provide a valid email address and your full legal name when doing so.
11. Privacy
When you access the Sites, subscribe to the App, or otherwise provide us with any information about you or anyone else, you agree that we will handle that information in accordance with our Privacy Policy and you consent to us collecting, using and disclosing that information accordingly.
12. Security of Information
No data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us over the internet. For this reason, any information which you transmit to us is transmitted at your own risk. We will however take reasonable steps to preserve the security of such information once we receive your transmission.
If you create an account on the App, you are responsible for creating a secure password and for keeping your username and password confidential. You indemnify and release Zown from any loss suffered by you arising out of or related to any use of your account where a third-party has accessed your account using your username and password.
13. General
If any part of the Terms would, but for this clause 13(A) be void, unenforceable or illegal in a jurisdiction;
the provision is read down to the extent necessary to avoid that result; and
if the provision cannot be read down, to that extent, it is severed in that jurisdiction.
These Terms will be governed by the laws of New South Wales, Australia and by continuing to use any of the Sites, or by subscribing to the App, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.
You agree that Zown may assign its rights and obligations under these Terms on a sale of the App and the Zown business, or a restructure of the Zown business.
Your subscription to the App is personal to you, and you may not assign your rights or obligations under these Terms without our prior written consent.
No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
Each and all of the provisions of these Terms shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.
Each of the parties agree to use reasonable endeavours to resolve any dispute that arises in connection with these Terms by mediation before bringing a legal claim or starting legal proceedings against the other.
Nothing in this Agreement prevents any party from seeking any urgent relief in relation to that party’s rights under these Terms.
All notices required or permitted to be made pursuant to these Terms shall be sufficiently given by:
if providing notice to us, email to hello@zown.app or such other email address as may be substituted by written notification to you; or
if providing notice to you, email to the email address that you provide to us.
Nothing in these Terms shall be construed to be inconsistent with any required minimum terms of developer's end-user license agreement on any app store used to purchase a subscription to the App, which is incorporated by reference, and in the event of any conflict, the terms of the latter shall prevail where required by the app store.