Terms and Conditions

Membership

Terms and Conditions

 

Effective Date: 1 November 2020

1. Overview 

1.1 This agreement sets out the terms and conditions (“Terms”) that govern your subscription to the Flamingo Life Services (“Subscription”) facilitated and run by Grey Matter ABN 71 629 174 518 (“Grey Matter”, “We”, “Us”, or “Our”).

1.2 These Terms are a legal agreement between you (“You” or “Your”) and Us, and signing up for an annual Subscription and paying us, You agree to be bound by these Terms, so it is important that You read these Terms carefully before signing up.  

2. Subscription

2.1 You may apply to become a member by signing up for an annual Subscription on Our Website www.flamingolife.com.au (“Website”). 

2.2 You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy.  We have the right to suspend or terminate your Subscription if We suspect that such information is inaccurate or incomplete. 

2.3 Subscriptions are open only to persons aged above 18 years and You must have the necessary power and authority to enter into these Terms.  

2.4 Your Subscription commences when Your application has been accepted by Us and You pay the price as displayed on Our Website and in accordance with these Terms (“Subscription Fees”).

2.5 We may review and approve or deny Your Subscription application at Our sole discretion.

2.6 Your Subscription continues until terminated in accordance with these Terms.

2.7 To access the Subscription and use the services, you are required to create an account and in doing so, you must give us accurate information including your name, address, a valid email address and telephone number and you must be at least 18 years old.   You warrant that any information You provide during the account set up process is accurate and correct at the time you provide the information and that You’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account so keep your account password secure. 

2.8 We reserve the right to: 

• limit the number of applicants and subscriptions; and/or
• suspend or cancel your account at any time, at our sole discretion, including if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation. 

Membership Fees

2.9 You will pay Us the Subscription Fees as advertised on our Website in full upfront and the Subscription will renew automatically at the end of twelve (12) months and Your debit/credit card will be charged the Membership Fee stated on the Website at the time of renewal.  Please note that renewal pricing may differ to your initial price.

2.10 We reserve the right to increase our Subscription Fees in our sole discretion, however, where you have purchased a Subscription prior to the Fee increase, you will not be required to pay the increased amount until the next renewal.  If however you cancel your Subscription and decide to purchase a new Subscription, you will incur the increased price.

Free Trial Period

2.11 Where you have entered into a “free trial period”, for a period set by Us in Our sole discretion as advertised, you agree that you have entered into a Subscription.  

2.12 Your subscription will renew on the first day following the free trial period in accordance with the above paragraph and will continue as a paid Subscription until it is terminated in accordance with these Terms. 

Cancellations and Refunds

2.13 If You would like to cancel Your Subscription, You may do so at any time.  You must provide at least 14 business days written notice prior to your renewal date to prevent the automatic renewal of the Membership.  The Annual Subscription Fee is non-refundable except as required by law.  We do not provide refunds simply because Your situation has changed or You have changed Your mind. 

2.14 Once cancelled, You will not be charged following that date.  If You fail to provide sufficient notice or no notice, you will incur a Membership Fee for the next billing cycle which is non-refundable.  

3. Subscription Activities

Membership Benefits/ Entitlements

3.1 During your Subscription, We will provide You with certain Subscription entitlements and benefits as notified from time to time.  Note however, Subscription Fees are payable irrespective of whether You use Your Subscription entitlements or benefits.  We cannot guarantee the duration for which these entitlements and benefits will be available for.

3.2 Our Subscription entitlements may include third party services and content, however, to the extent You opt to use such entitlements, You agree that we cannot guarantee the accuracy or quality of such third party services or content and shall not be liable for such third party services and/or content.

3.3 You are granted access to the Subscription until such time as these Terms are terminated or the Subscription is taken down.  If the Subscription is taken down, We will provide You with [30] days notice.

Complaints Procedure

3.4 We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through Our Contact Us Form, which can be accessed here OR contact@flamingolife.com.au.

3.5 Any complaint submitted in accordance with clause 3.4 above must include the following information at a minimum:

• Your name;
• the email address You used to apply for the Membership;
• details of Your concern or complaint;
• details of what You would like Us to do to resolve the matter; and 
• copies of any relevant correspondence.

3.6 We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint. 

3.7 Any dispute that cannot be resolved will be submitted for mediation in accordance with and subject to The Arbitrators and Mediators Australian Mediation and Conciliation Rules.

Prohibited Subscription Use

3.8 In addition to any other prohibitions, you must not, under any circumstances use the Membership, the Membership entitlements or benefits, the Website or any thing or any content provided to you through out, in the course of or because of the Membership:

• for any unlawful purpose, including any fraudulent purpose or to facilitate or perform any assisted suicide attempts; 
• to solicit others to perform or participate in any unlawful acts, including any fraudulent acts or to facilitate or perform any assisted suicide attempts; 
• to violate any international, federal, or state regulations, rules, laws, or local ordinances; 
• attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displaced on the Website; 
• hack into any aspect of the Service; corrupt data; cause annoyance to other users; 
• infringe upon the rights of any other person's proprietary rights; 
• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 
• attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or Your Subscription

3.9 In the interests of clarity, We specifically prohibit any actions referred to above, in clause 3.8.

4 Intellectual Property Rights

4.1 In relation to the Subscription Materials:

• We retain ownership of all Intellectual Property Rights (including Moral Rights) in Subscription Materials; 
• the Subscription services to the extent they contain Subscription Materials, You are granted (subject to You paying Subscription Fees) a limited right to use Subscription Materials and:
  1. it may only be used for the purposes set out in the Terms, as part of Your Membership;
  2. You will not modify the Subscription Materials, except to the extent expressly permitted by Us; and 
  3. You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties; and 
  4. where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our Websites, and other media (including social media channels) for the sole purpose of promoting Our Subscription.

4.2 For the purposes of this clause and the Terms, (“Subscription Materials”) means all tools developed and/or utilised by Us in performing the Subscription services, including, without limitation, templates, web content, blog content, forms, audio and video content.

Consent and Indemnity

4.3 You represent and warrant that you are the owner of any content You provide to Us (Subscriber Content) or that you have the necessary right and consent in the Subscriber Content.  You will indemnify Us  against any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of any breach arising from Our use of the Subscriber Content.

4.4 By submitting your application and participating in our Subscription, you grant us the right to to use, reproduce or communicate, your Subscriber Content to the extent required to provide the Subscription.

5. Termination

5.1 We may terminate the Terms with immediate effect, by giving You written notice if:

• You do not pay the Subscription Fees when due;
• You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under this agreement;
• engaging in conduct injurious or potentially harmful to Our reputation;
• disclosing Confidential Information without consent.
• You fail to conform or abide by Our applicable rules, policies or procedures;
• Your actions are contrary to Our interests; or
• We consider that mutual trust and/or confidence no longer exists.

5.2 If We terminate Your Subscription, We may, but are not obliged to, refund any prorated balance of the Subscription Fee already paid by You.

6. Disclaimer, Warranties and Indemnities

6.1 You and We agree that:

• The Website, Subscription, materials, information and content is provided on an ‘as is’ basis;
• You use the Website and Subscription at your own risk;
• You are responsible for maintaining the security of your account and access to the Website and Subscription including by maintaining the security of your password and account log in details.

6.2 The information and materials provided during Your Subscription is intended to be for the purposes of You expressing your future wishes only and no warranty or condition of any kind (either express or implied), or fitness for a particular purpose or that any result or objective can or will be achieved or attained at all.

6.3 We do not provide any legal, tax, medical or other professional advice and would advise that you seek expert professional or medical advice before completing any forms.

6.4 We do not provide insurance or in any way act as an insurer.

6.5 We cannot guarantee that third parties have validly executed or dealt with documents in order to maintain their validity. 

6.6 We cannot guarantee any specific results from using our services or that the directives relating to your future wishes and decision will be followed.  This is entirely the responsibility of medical professionals at the time of decision making and in accordance with applicable laws in Australia.

6.7 All express or implied warranties, representations, statements, terms and conditions relating to the Terms or its subject matter which are not contained in the Terms are excluded from the Terms to the maximum extent permitted by law.

6.8 By referencing any products or services throughout the Subscription, including any processes or other information, this does not constitute or imply Our endorsement, sponsorship or recommendation of the products or services.

6.9 We do not guarantee that the services will be error free, or that errors will be corrected, uninterrupted, free from hacking, or that any software or systems used is free from any viruses or other harmful components.

6.10 You and We agree that:

• We and Our directors, agents, contractors, suppliers or associates shall not be responsible or liable for any loss or damage resulting from Your Subscription, except as expressly permitted by law and as set out in these Terms. 
• You have a number of rights and consumer guarantees under Australian Consumer Law, including that Our services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.
• If during Your Subscription, We do not meet the guarantees above, please contact Us immediately and provide Us with details and evidence (if possible) of the problem, in accordance with Clause 3.
• If Our services are confirmed to have a major problem, We will re-supply the services or refund all or part of the Subscription Fee paid in the immediately preceding 12 month period (as applicable) to Your original payment method. The applicable refund amount will be determined by the nature of the problem and the degree to which You may have been partially responsible for the problem.  
• We do not offer refunds where You insisted on having the Subscription services provided in a way that is contrary to Our instructions, failed to clearly explain Your needs to Us or simply changed Your mind. 
• You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these Terms.

6.11 Without limiting this clause 6, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:

• the use or inability to use the Subscription;
• statements or conduct of any third party.

7. Confidentiality and Privacy

7.1 Each party agrees that, unless it has the prior written consent of the other party, it will:

1. keep confidential at all times, the Confidential Information of the other party; and 
2. ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, is aware of and complies with this clause.

7.2 You consent to the disclosure of this information to those who you provide access to, and your nominated contact as listed in your account.  For clarity, these Terms act as written consent to disclose your confidential information to the nominated contact.

7.3 However, the obligations of confidentiality outlined in clause 7.1 do not apply to any disclosure that:

• is for the purpose of performing the Terms or exercising a party’s right under the Terms;
• is required by applicable law or by law enforcement agencies; or
• relates to Confidential Information which is publicly available through no fault of the receiving  party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.

7.4 For the purposes of this clause 7.1, confidential information in relation to a party means information of a confidential nature including information about health, personal circumstances, beliefs, customs and financial information (“Confidential Information”).

Privacy

7.5 When You apply for Your Subscription, We will require You to provide Us with certain personal information about You; this may include information about your health, finances, religious beliefs, customs and cultural identifications. Your privacy is extremely important to Us and We take your privacy seriously.  We will only use the personal information provided by You to Us strictly for the purposes of providing You with Our Subscription services and to market to You with Your consent.  Where You wish to withdraw Your consent, You can unsubscribe within the body of any email We send or inform Us via email.  We will disclose and deal with Your information in accordance with Our privacy policy which You can access at any time here Privacy Policy.

8. Miscellaneous

8.1 The Terms (together with our Privacy Policy, Terms and Conditions and disclaimers) constitutes Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations, whether oral, written or electronic, in respect to the Website, your use of the Website and the Subscription and your use of the Subscription.

8.2 The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in New South Wales. You and We submit to the exclusive jurisdiction of the courts of that jurisdiction.

8.3 We reserve the right to change these Terms or to modify Subscription benefits or entitlements at any time.  If these Terms or the Subscription benefits or entitlements are changed, We will provide You with the updated version of the Terms.  You may choose whether to accept the updated Terms or to terminate Your Subscription.

8.4 Whenever possible, each provision of the Terms will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms is held invalid or unenforceable, the remainder of the Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 

8.5 You cannot assign the Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.