Terms of Use

Updated 20 June 2023

Coobari’s sole intent is to educate and inspire. We do not offer any professional or medical advice. Seek help from a qualified health professional if you need to do so.

1. We respect your privacy

(a) Coobari respects your right to privacy and is committed to safeguarding the privacy of our customers and software application users. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

(b) "Personal information" is information we hold which is identifiable as being about you.

2. Collection of personal information

(a) Coobari will, from time to time, receive and store personal information you enter onto our software application Coobari, provide to us directly or give to us in other forms.

(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

3. How we collect your personal information

(a) Coobari collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our software application and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information

(a) Coobari may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

(b) The Application may make third party social media features available to its users.

We cannot ensure the security of any information you choose to make public in a social media feature. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy.

Coobari may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5. Disclosure of your personal information

(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Coobari, its application, website and customers or third parties.

(d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to United States of America.

(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

(f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6. Security of your personal information

(a) Coobari is committed to ensuring that the information you provide to us is secure.

In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

(b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information

(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988(Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@coobari.com.

(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act .

8. Complaints about privacy

(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO Box 82, Clontarf Beach, Queensland, 4019. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9. Op out right

(a) You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at info@coobari.com.

10. Changes to Privacy Policy

(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

11. Software Application

(a) When you use our Application

When you come to our application we may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

(b) Cookies

We may from time to time use cookies on our software application. Cookies are very small files which a website uses to identify you when you come back to the application and to store details about your use of the application. Cookies are not malicious programs that access or damage your computer, tablet or smartphone. Most devices automatically accept cookies but you can choose to reject cookies by changing your devise settings. However, this may prevent you from taking full advantage of our application.

The software Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

(d) Third parties

Our software application may from time to time have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that Coobari is not responsible for the privacy practises of other such applications or websites. We encourage our users to be aware, when they leave our application or website, to read the privacy statements of each and every application or website that collects personal identifiable information.

End-User License Agreement

Coobari (ABN 85702370053) THIS AGREEMENT made

BETWEEN

Coobari (ABN 85702370053) of P O Box 82, Clontarf Beach, Queensland, 4019 ("Licensor")

- and -
The Customer ("Licensee") (the "Parties")

1. Definitions and interpretation

(a) Definitions
In this Agreement (including the recitals) unless the context otherwise requires: Agreement means this agreement and its schedule;
Product means Coobari wellbeing for young people as detailed in Schedule 1;
Terms means the terms and conditions of this Agreement.

(b) Interpretation
In this Agreement unless the context otherwise requires:

(i) headings are for convenience only and do not affect its interpretation and construction;

(ii) the singular includes the plural and vice versa;

(iii) words importing a gender include other genders;

(iv) where any word or phrase is defined, any other part of speech or other
grammatical form of that word or phrase has a cognate meaning;

(v) a reference to any statute, proclamation, rule, code, regulation or
ordinance includes any amendment, consolidation, modification, re- enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;

(vi) "includes" is not a word of limitation;

(vii) a reference to any thing is a reference to the whole and each part of it;

(viii) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(ix) a reference to a document includes all amendments or supplements to, or replacements or novation of, that document.

2. Acceptance

(a) This Agreement is between you and the Licensor, and governs the Products made available to you.

(b) Upon:

(i) selecting the 'Accept' option;

(ii) payment of the license fee for the Product at the point of purchasing the
licence for the Product; or

(iii) upon downloading, installing or using the Product (whichever comes first),

you are granted a revocable, non-transferable, non-exclusive and limited licence ("Licence") strictly in accordance with the Terms of this Agreement.

3. License grant

(a) This Agreement entitles you to

(i) install and use the Product on a single computer or mobile device

(b) This Agreement does not permit the installation of the Product

(i) on more than one computer or mobile device at any given time;

(ii) on a system that allows shared use of applications;

(iii) on a multi-user network; or

(iv) on any configuration or system of computers that allow multiple users

unless you have a license for each separate computer on which the product is installed and run.

4. Limitations

(a) Limitations on transfer

You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Products.

(b) Limitations on use You may not:

(i) share the Licence, or contents of the Product, with others;
(ii) copy, install or use the Product on any system with more than one computer or mobile device; or
(iii) permit the use, copying or installation of the Product by more than one user or on more than one computer or mobile device.

unless you hold multiple, validly, licensed copies.

You may not:

(iv) decompile, "reverse engineer", disassemble, or otherwise attempt to derive the source code for the Product;
(v) broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the product
(vi) post the Product or part of the Product on any website; or
(vii) use the Product for commercial purposes.

You may not modify the Product, create derivative works based upon the Product, or use the Product to develop any product having the same primary function as the Product.

(d) Limitations on alteration You may not:
- (i) modify the Product or create any derivative work of the Product or its accompanying documentation. Derivative works include but are not limited to translations; or
- (ii) alter any files or libraries in any portion of the Product.
(e) Limitations on copying
You may not copy any part of the product except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.

5. Ownership

Coobari or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Product and all copies thereof.

6. Warranties and exclusions

(a) Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on Coobari and its subsidiaries, affiliates, and suppliers ("Implied Terms"). If these Implied Terms apply, Coobari's liability will be limited at its option to resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement, to the extent permitted by law.

(b) Unless otherwise explicitly agreed to in writing by Coobari, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.

7. Exclusion of damages

Subject to any Implied Term, Coobari, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

8. Limitation of liability and remedies

To the extent that the applicable jurisdiction limits Coobari's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

9. Licensee indemnity

You will indemnify Coobari, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Product, including but not limited to, any modification by you of the Product which causes the Product to infringe the intellectual property rights of a third party.

10. Variation of Terms

Coobari reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Product or download the Product whichever is applicable.

11. Termination

Without prejudice to any other rights, Coobari may terminate this Agreement immediately and without further notice if you fail to comply with the Terms of this Agreement. In such event, you must destroy all copies of the Product.

12. General provisions

(a) Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

(b) Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

(c) The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.

(d) This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.

(e) If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

(f) This Agreement shall be governed by and construed in accordance with the laws of Queensland.

Executed as an Agreement on 10 November 2021

Executed by Coobari, in accordance with section 127 of the Corporations Act 2001

Name of Director : Kelcy van Koersveld

SCHEDULE 1 PRODUCT
Name of Product: Coobari

Details of Product: A mindfulness app for kids and teens