For internal pilot use only

LEVELUP MOBILE APPLICATION – USER TERMS

Effective August 2022

PLEASE READ THESE TERMS CAREFULLY

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BE LEGALLY BINDING ON YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.

Who we are

When reference is made to “we” or “us” or “our” in these terms and conditions (“User Terms”), it means VIAUP Pty Ltd, an Australian company with registered number 624186296, who is part of LevelUp group of companies (“LevelUp”).

Application

These User Terms govern your access and use of:

  • LEVELUP mobile application software, the data supplied with the software (“App”) and any updates or supplements to it;
  • The related electronic documentation (“Documentation”), including the documentation accessed via the App site at https://levelupapp.com/; and
  • The service you connect to via the App and the content we provide to you through it (“Service”).

You are an employee, contractor or a person otherwise engaged by LevelUp and you are granted access to the App and the Services pursuant to your agreement to participate in an internal testing and assessment of the App (“Project”).

These User Terms will apply from the beginning of your participation in the Project as the User, which occurs as soon as you access the App or the Services. Please read these User Terms carefully, as they are legally binding upon you.

Headings are used for convenience only and do not affect the interpretation of these User Terms.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy [INSERT LINK TO PRIVACY POLICY].

You acknowledge that you have read our Privacy Policy and that you agree with the content of and to be bound by the Privacy Policy, which is incorporated by reference into these User Terms.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Appstore’s terms also apply

The App is available via Apple and Android appstores. The ways in which you can use the App and Documentation may also be controlled by the rules and policies of these appstores, which will apply instead of these terms where there are differences between the two.

Operating system requirements

The App requires an IOS or Android device without any limitation as to amount of memory and type of operating system.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at the App’s site at https://levelupapp.com/.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@levelupapp.com.

How we will communicate with you. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these User Terms you may:

  • download a copy of the App onto your device and view, use and display the App and the Service on such devices exclusively for the purpose of your participation in the Project;
  • use any Documentation to support your permitted use of the App and the Service; and
  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 to accept these terms and use the app

You must be 18 or over to accept these terms and buy the App. You represent, warrant and covenant that you are over the age of 18.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above in these User Terms. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

We reserve the right in our sole discretion to modify and/or make changes to these User Terms at any time during the Project. If we make any material change to these User Terms, we will notify you using prominent means, such as by email notice sent to the latest email address that we have on record for you, or by posting a notice through our Services or the App. Modifications will become effective on the day they are posted or otherwise published, unless stated otherwise.

Your continued use of our Services after changes become effective will mean that you accept those changes.

Update to the App and changes to the Service

From time to time for the duration of the Project, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data (but you can turn location services off)

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.

We are not responsible for other websites you link to

The website for the App may contain links and pointers to other websites operated by third parties, which are included solely for your convenience. Links to third party websites do not constitute endorsement, sponsorship or approval by us of the content, policies or practices of those third parties, nor the content available on or for download from those third party sites.

You agree that, by accessing any third party linked website, you do so at entirely your own risk. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any third party website.

Use restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App for the purposes of the Project or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these User Terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these User Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Confidentiality and proprietary rights

You agree to take reasonable precautions to protect our non-public information regarding features, functionality and performance of the App, the Services and our Intellectual Property (“Our Proprietary Information”) and to comply with all lawful and reasonable directions given to you by us with respect to Our Proprietary Information.

We own (or license as applicable) and retain all right, title and interest in and to and throughout the world (a) the Services and App (including all improvements, enhancements or modifications to the Services and App), (b) any software, applications, inventions or other technology developed in connection with the Services or support, (c) the Documentation, and (d) all Intellectual Property in or related to any of the foregoing.

Our Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers, as is relevant) and is protected, without limitation, under applicable laws. We have not agreed to and do not agree to treat as confidential any suggestion or idea provided by you (“Feedback”) and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you.

We have granted a limited, non-exclusive, non-transferable license for you to access and use the App, Documentation and Services, solely for the purpose of your participation in the Project in accordance with these User Terms. All other uses are prohibited without our express written consent. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility and general exclusions

We do not guarantee that information provided to you by the App or information otherwise otherwise communicated is accurate, complete or up to date. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable) or fraud or fraudulent misrepresentation.

We make no guarantee as to the usefulness of the App or Services. You also understand that, by using the Services, you may be exposed to content that you consider objectionable. We have no responsibility to keep such content from you and no liability for your access or use of any content, to the extent permissible under applicable law.

Damage to your property. We do not represent or warrant (expressly or impliedly) that the App and Our Content, or the facilities that make the App and Our Content available, will not cause damage or are free from any computer virus or any other defects or errors.

Liability for indirect or consequential losses. In no circumstances, will we be liable whether in contract, tort (including negligence), for indirect or consequential losses, including (without limitation) loss of profits, loss of anticipated savings, loss of use or corruption to software, data or information, loss of opportunity or contract.

Limitations to the App and the Services. The App and the Services are provided for the purposes of your participation in the Project only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

Term and termination

Your use of the App and the Services is permitted only for as long as the Project is in operation.

We may choose to end your rights to use the App and Services at any time and without cause by giving you a notice in writing.

At the end of the Project or if we end your rights to use the App and Services (whichever is earlier):

  • You must stop all activities authorised by these User Terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these User Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms.

If a court finds part of these terms illegal, the rest will continue in force

Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these terms, we can still enforce them later

Even if we delay in enforcing these User Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of your breaking these User Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These User Terms are governed by the laws of the Applicable Jurisdiction, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Applicable Jurisdiction.

Other Definitions

The following definitions definitions apply:

“Applicable Jurisdiction” means:

  1. England and Wales if the Services are supplied in any country within the United Kingdom or Europe;

  2. the State of Delaware in the United States of America (“US”) if the Services are supplied in the US; or

  3. the State of Queensland, Australia if the Services are supplied in any other country.

“Content” means all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including its selection and arrangements.

“Our Content” means Content published or otherwise provided by us using the App, Documentation or Services.

Intellectual Property means all intellectual property rights, including the following rights:

  1. patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;

  2. any application or right to apply for registration of any of the rights referred to in paragraph (1); and

  3. all rights of a similar nature to any of the rights in paragraphs (1) and (2) that may subsist anywhere in the world, whether or not such rights are registered or capable of being registered.