APP TERMS AND CONDITIONS

These Terms of Service (“Terms”) apply to all clients, or all potential clients of Pram Steps [ABN 66992471754] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website, app and services form an Agreement with us (“Agreement”). “You” could be any client of ours.

ONLINE SUBSCRIPTION WE WILL PROVIDE

By purchasing a subscription to our app (“Subscription”) you are entitled to use the Pram Steps app software (“Software”) and support services. The Software is a sports app that acknowledges,and tracks / records steps taken whilst out pushing a pram. The app also allows you to track and upload your route whilst also giving you the ability to connect to other users. You can do sport steps challenges and also upload symbols onto your routes to show other users facilities on that particular route.

BEFORE PURCHASE

Things you must do before purchasing a Subscription 

The app requires you to subscribe to continue to have full access to all features after your 7-day trial period. The subscription will be charged to your nominated payment method through your iTunes or android account and is for your nominated Subscription Period. 

Acknowledgements you make before purchasing a subscription

You acknowledge and agree that there may be:

• occasional errors or omissions in Subscription descriptions, prices, availability, and promotions;

• limits to certain regions or groups of people;

• technical problems and inherent risks associated with using the Software.

You further acknowledge and agree that it is your sole responsibility to ensure that the Subscription and Software meets your requirements, that they are appropriate for you and are within the laws and regulation of your jurisdiction. 

Except as required by law, we cannot guarantee the accuracy of the information about our Subscriptions, or the availability of the Software.

Location and Privacy Acknowledgment
You acknowledge and agree that by using the Pram Steps app, which includes step tracking and GPS functionalities (“Location Services”), your location information will be accessed and used by the Software to provide personalised services and content. You understand that the accuracy of the Location Services depends on various factors, including your device's GPS capabilities and network connectivity, and that there may be limitations to the accuracy and availability of such services.

You consent to the collection, use, and sharing of your location data in accordance with our Privacy Policy. You acknowledge that your location data is essential for the functionality of the step tracking and GPS features of the Software and that disabling or restricting access to location data for the Pram Steps app on your device may impair the functionality of these features.

We commit to using reasonable measures to protect your location information and to use it only for the purposes of providing and improving the Subscription Services. However, you acknowledge that no electronic transmission or storage of information can be entirely secure, and we cannot guarantee the absolute security of your personal information.

Community Features 
You acknowledge and agree that the Pram Steps app includes features that allow you to connect and communicate with other users ("Community Features"). You are solely responsible for your interactions with other users and for any content you post, share, or communicate through the Community Features. You understand that we do not monitor or control the content posted by users and, therefore, do not guarantee the accuracy, integrity, or quality of such content. You agree to use the Community Features in a manner consistent with all applicable laws and regulations and in a way that does not infringe on the rights of others or restrict or inhibit anyone's use and enjoyment of the Community Features.

You acknowledge that your use of the Community Features is at your own risk, including the risk of exposure to content that you may find offensive, indecent, or objectionable. You agree to take necessary precautions in all interactions with other users, especially if you decide to communicate off the app or meet in person. 

Health Challenge Participation Disclaimer
You acknowledge and agree that the Pram Steps app may offer features that enable you to participate in health challenges ("Health Challenges"). You understand that participation in any Health Challenges is entirely voluntary and at your own risk. You representand warrant that you are in suitable physical condition to participatein such Health Challenges and that you have consulted with a healthcare professional prior to participating, particularly if you are a new mother or have any existing health conditions that could be affected by such activities.

You acknowledge that while participating in any Health Challenges through the Pram Steps app, you are solely responsible for your own health and safety. You agree to comply with all instructions and guidelines provided by us in relation to the Health Challenges and to use your judgment and exercise care for your own well-being throughout the challenge.

Furthermore, you acknowledge that we do not provide medical advice, diagnosis, or treatment. The content provided through the Health Challenges, including but not limited to guided exercises, information, and recommendations, is for informational purposes only and is not intended to replace or substitute for any professional medical advice or treatment. 

It is your responsibility to ensure that you do not exceed your limits while participating in the Health Challenges and to discontinue any exercise that causes pain or severe discomfort and consult a medical professional.

Payments

The Subscription Fee is automatically deducted from your nominated payment method unless you or we cancel your Subscription in accordance with the cancellation or termination terms below. 
You authorise us to:

• deduct the Fee and all other accrued and owing fees from your debit or credit card; and

• deduct any applicable currency conversion fees or financial service provider fees where relevant. 

You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates for the Subscription Period. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you. 

If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively. 

Intellectual Property

All the Intellectual Property Rights in our Software and Materials are owned by or licensed by us. We grant you non-exclusive, non-transferable, revocable, limited permission to use the Software and Materials for your sole personal use only. This permission is for the period during which you are subscribed to the app; the duration of your Subscription only and is immediately terminated at the end of your Subscription upon which all Materials must be immediatelydeleted. You must not modify the Software or Materials in any way. You must not distribute, sell, sublicense, or otherwise transfer or make available the Software or Materials or any portion of it to any third party. You must not modify, adapt, translate, reverse engineer, decompile or derive the source code for the Software or the Materials or authorise a third party to do so, except as specifically permitted in the app.

Your Information

We agree to take reasonable precautions to protect Your Information, and not to use or divulge to any third person Your Information, except to perform our obligations under this Agreement, and in accordance with our Privacy Policy. This does not apply to any of Your Information that we are required todisclose by law. You will own all right, title and interest to Your Information.  We take our privacy obligations seriously and for more information on how we comply with the privacy laws, please see our Privacy Policy.  

AFTER PURCHASE

Things you must do after purchasing a Subscription

You must:

• maintain the confidentiality of your login, username, and password for your account;

• use and regularly update the password for your account and ensure that your password is unique and not from credentials available elsewhere;

• not allow other people to use your account;

• contact us by email at if you have any difficulty using the Software or Materials;

• contact us by email at if you have any issues and require a refund;

• seek our prior written consent before any publication of information about us; and 

• in the case of a dispute keep all communications confidential.

You acknowledge and agree that we may monitor your use from time to time of the Software to ensure compliance. 

Things we’d love you to do after purchasing your subscription

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions, and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials, and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify usimmediately. 

If you need to cancel your Subscription

If you need to cancel your Subscription, please cancel your account by using your iTunes or android account settings. You will not receive a refund or part refund for any payments made for your current Subscription Period but will continue to have access to the app until the end of the current Subscription Period. Where your subscription is terminated you will no longer have access to any of your data. Your Information will be immediately deleted. 

Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:

• to cancel this Agreement with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion. If you believe we have breached your consumer guarantees, please contact us and we will comply with the law. 

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information about our Subscriptions

Except as required by law, we may at any time, and without prior notice to you:

• change and update information including availability and promotions;

• change prices or descriptions of our Subscriptions; or

• discontinue the Software.

Refunds
The Software is provided on an “as is” basis and, to the extent permitted by law, we disclaim all warranties, express or implied in including any warranties of merchantability, fitness for purpose, and non-infringement. We will use reasonable endeavours to maintainthe Software to minimise errors and interruptions. At times, the Software may be temporarily unavailable for maintenance. Whilst we will endeavour to notify you, we may at times need to conduct emergency maintenance or be unable to notify you. We do not warrant that the Software is uninterrupted or error free, or secure, and we cannot warrant that it is compatible with any third-partyapplication, program, or software. 

We can refuse to serve you and provide Subscriptions any time

Where you breach this Agreement, we may immediately terminateyour account and Subscription. Where we terminate your Subscription for non-payment or any other breach of this Agreement, you will not be able to access the app or any of Your Information.

Force Majeure 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

LIABILITY AND INDEMNITY 

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Software, Materials,and your Subscription. This includes but is not limited to any modification to the Software other than by us, any accident, abuseor misapplication of the Software by you, any use of the Software with other software or equipment without our written consent, any use other than the latest, unaltered current release of Software, and any use other than in accordance with this Agreement.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law, or otherwise will be limited, at our option to: -

• the repair of the Software within a reasonable period; or

• the refund of the amount of your previous 12-monthSubscription if we are unable to make adequate repairs. 

In any case, our liability to you will not exceed the amount of $100. 

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with: your breach of this Agreement, including, but not limited to where you fail tocomply with our instructions or applicable laws and regulations, and any breach of our Intellectual Property Rights; your participation in any Health Challenge, and your access to, use of, or reliance on any content posted by other users or your interactions with other users of the Community Features. You further agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with the use of the Location Services, including but not limited to inaccuracies in your location data, unavailability of the Location Services, or any misuse of your location information by any third party who gains unauthorised access to such information.

IF THERE IS A DISPUTE 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS 

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010. 
“Agreement” means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website and app.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award, or costs. 

“Force Majeure” means an 'act of God' and including but not limited to natural disasters (like floods, earthquakes, hurricanes), wars, strikes, riots, pandemics, or any other severe events that are beyond the control of the contractual parties.

“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs. 
“Fee” means the subscription fee as advertised on our website from time to time. 

“Materials” means the materials available on the Software, including but not limited to all health challenges and information. 
“Software” means the Pram Steps website and app. 

“Subscription Period” means the period of one month or 12 months (annually) as elected by you.

“Subscription/ Subscription Services” means the Pram Stepswebsite and app platforms, and any associated materials and support services. 

“We, us, or our” means Felicity Rankin t/as Pram Steps [ABN 66992471754] and includes any of our directors, officers, employees, agents, partners, contractors. 
“Website and services” mean www.Pram Steps, and everything available on this website and app including, but not limited to, all Subscription Services.

“Your Information” means all messages or posts to other users you make on our Software or any content you may post on the app.