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    1. Introduction

    People Diagnostix Pty Limited (People Diagnostix) is a privately held entity which provides FlourishDx (FDx), a cloud and smartphone based software solution for workplaces, universities and schools wanting to understand and promote positive mental health. Based in Western Australia, People Diagnostix provides services and solutions internationally.

    People Diagnostix (Our) FDx product is provided primarily for educational purposes, to teach users (You) evidence based approaches to stay mentally healthy and optimise wellbeing. Email is an integral part of Our product functionality and an important means of communicating with clients, service providers and third parties. Please also see Our Email Legal Notice and Privacy Policy and Collection Statement published at www.peoplediagnostix.com.au and www.flourishdx.com which are related notices.

    This Terms of Use Agreement (Agreement) is a legal Agreement between You as a user of FlourishDx and Us, the registered owners of the product. If You do not agree to these terms, You must not use FlourishDx. Continued use means that You agree.

    People Diagnostix Pty Limited (People Diagnostix) is a privately held entity which provides FlourishDx (FDx) and Flourishing at School (FAS) which are cloud and smartphone based software solution for workplaces, universities and schools wanting to understand and promote positive mental health. Based in Western Australia, People Diagnostix provides services and solutions internationally.

    People Diagnostix (Our) FDx product is provided primarily for educational purposes, to teach users (You) evidence based approaches to stay mentally healthy and optimise wellbeing. Email is an integral part of Our product functionality and an important means of communicating with clients, service providers and third parties. Please also see Our Email Legal Notice and Privacy Policy and Collection Statement published at http://www.peoplediagnostix.com.au/, www.flourishdx.com, http://www.flourishingatschool.com which are related notices.

    This Terms of Use Agreement (Agreement) is a legal Agreement between You as a user of Flourishing at School and Us, the registered owners of the product. If You do not agree to these terms, You must not use Flourishing at School. Continued use means that You agree.

    2. Commencement, Availability, Termination

    This Agreement commences when You first visit the Website and/or download the App and continues until changed or terminated by Us. We reserve Our rights to change or discontinue any aspect of the App and/or Website including the Terms of Use. It is Your responsibility to ensure that You read and understand the Terms of Use which are made available by Us only in English.

    3. Intellectual Property

    The App and Website includes intellectual property such as domain name, copyright, trade mark, and design, protected under Australian law and international agreements. We own or are licensed to use this intellectual property. We grant You a limited license to make a temporary electronic copy of all or part of the Website, download the App to your smartphone, and to print limited hard copy versions for Your personal use providing that all material is properly attributed. You may not commercially exploit, modify, claim ownership of, link to or incorporate Our App or Website content elsewhere without Our prior written consent.

    4. Website Information and Records

    We are committed to complying with legal, business and evidential requirements for information and records. We make reasonable efforts to ensure that the information You provide to Us through the App, Website and related email functionality is secure and processed in accordance with Our Privacy Policy. It is Your responsibility to keep records and backups of Your information.

    5. Acceptable Use of App, Website and Email Functionality

    You agree to the acceptable use of Our App and Website and the email functionality connected with the FDx product. You undertake not to use these services in an unlawful way or in any way that interferes with Our or other visitors’ use and enjoyment of, or access to these services. You agree that You are personally liable for the consequences of the improper use of these services and failure to comply with relevant law. If You are aware of unacceptable use by a third party, please contact Us at reception@peoplediagnostix.com.au and tell Us about it.

    7. Communication

    You agree that We may approach You or send You information including, information about Our services. You will always have the choice to inform Us in writing that You do not want Us to communicate with You and/or to opt-out of these communications.

    8. Damages Arising from Email from People Diagnostix

    Information technologies including telecommunication systems and networks expose People Diagnostix to dynamic security and business risk. People Diagnostix manages this risk in accordance with Australia law and through its policies, procedures and guidelines to prevent unauthorised access to or abuse of its systems and networks. While People Diagnostix is committed a reasonable standard care and diligence, People Diagnostix cannot and will not be liable for damages arising from the use of its Website which are beyond its control.

    9. Complaints and Alternative Dispute Resolution

    You agree to submit all complaints relating to this Agreement to Us first, so that We have an opportunity to resolve Your complaint before You proceed to any relevant authority. Please direct all complaints to reception@peoplediagnostix.com.au Subject to the above, You agree to confidential arbitration prior to proceeding to court or other forum. You expressly acknowledge that the arbitration proceeding agreed to prevent You from entering into a class action lawsuit against Us in relation to any dispute arising from this Agreement. Nothing in this Agreement prevents either Us or You from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.

    10. Enforceability

    You Agree that any electronic record, message, copy, printout or extract of these, signed by one of Our personnel will be absolute proof of the contents of the record, message, copy, printout or extract. No failure or delay by Us or You to exercise a right in this Agreement shall prevent Us or You from exercising Our rights in future. If a term of this Agreement is invalid, unenforceable or illegal, the remaining terms shall continue in full force and effect unless the invalidity, unenforceability or illegality goes to the root of this Agreement.

    11. Limitation of Liability, Indemnity, No Warranty

    You agree that the App and Website is provided on an “as is” and “as available” basis and that Your use of this App and Website is at Your sole discretion and risk. You agree that We will not be liable for any direct, indirect or consequential damages suffered by You arising from Your visit to the App, Website, this Agreement or otherwise. We will take reasonable care to ensure the accuracy of information and the availability of the App and Website, but make no representations, warranties or guarantees in any way because it is provided for general information purposes only and at Our discretion alone. To the fullest extent permissible in law, You hereby unconditionally and unreservedly indemnify and hold Us, Our directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising.

    12. Links to External Third Party Websites and Social Media

    For Your convenience, We provide links to external third party websites and various social media resources. You agree that this does not mean that We endorse these and that You are entirely responsible for Your use and access to all other websites and media. The terms and conditions pertaining to the external third party Websites and media themselves will prevail where relevant.

    13. Governing Law

    This Agreement shall be governed by and interpreted in accordance with the laws of Western Australia.

    14. Skill, Diligence, Care

    We will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.

    15. Company Information

    NamePeople Diagnostix Pty Ltd
    Physical address and the address for receipt of legal service of documentsEnterprise Unit 3, Suite 4, 9 De Laeter Way, Technology Park, Bentley, Western Australia, 6102
    Postal addressPO Box 63, Rockingham, Western Australia, 6968
    Phone numbers +61 (0) 1300 739 426
    Website address www.peoplediagnostix.com.au
    Email address reception@peoplediagnostix.com.au
    ABN 16 642 096 142
    Directors J van Schie, C van der Veen