Laughscape Terms and Conditions

Welcome to Laughscape! We are a mindfulness app helping you laugh your way to a better mental state. We are passionate about helping you escape overthinking, insomnia and stress with Australia’s best comedians! But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.

Priceless Creators Pty Ltd t/as Laughscape ABN 86 636 149 490 (we, our or us) provides our mindfulness and comedy services via our mobile application (App). Together our mindfulness and comedy services, our App and our website are the Services.

Acceptance

You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the App (Terms), by accessing and/or using our Services. You must be at least 16 years old to access and use our Services. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Services, and they have accepted these Terms on your behalf.

If you access or download our App from: (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Signing up to our Services

You can browse and access limited features and content on the App without an account. You must create an account to access all Services and features of the App (Account). You must provide basic information when registering for an Account including your name, email address, your gender, and you must choose a password. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. You may choose to provide us with further information including your date of birth, comedy genre preferences and your reason for using our Services so that we can tailor recommendations for you through the App.

You may also register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

You must not access the App or create an Account unless you are at least 16 years of age. If you are a parent or legal guardian permitting a person who is at least 16 years of age but under 18 years of age (a Minor) to create an Account and/or use our Services, you agree to: (1) supervise the Minor’s use of our Services and their Account; (2) assume all risks associated with, and liabilities resulting from, the Minor’s use of our Services and their Account; (3) ensure that the content on the App is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf.

When you create an Account, you will have access to our Services and the App via a subscription (Subscription) When you create an Account, you must also choose the length of the Subscription (Subscription Period). We offer the option of monthly, quarterly and yearly Subscription Periods, as well as any other Subscription Period set out on the App.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details.

You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to register or create an Account.

Subscription Fees

To access all features on the App, you must create your Account, select your Subscription Period, and enter your payment details via one of the payment methods set out on the App which may include via your Apple ID through the Apple App Store or Google account through the Google Play Store.

Your Subscription may begin with a free trial. The free trial period of your Subscription will last for 7 days starting on the date that you create your Account or for the period specified on the App. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible. If you do not cancel during the free trial period, we will charge your chosen payment method for the Subscription Period you have chosen and the corresponding fee as set out on the App (Subscription Fee).

The first Subscription Fee will be automatically debited on the date you download the App and create an Account or the day after any free trial we may offer ends. At the end of your initial Subscription Period, your Subscription will automatically renew for the same term as your initial Subscription Period and you will be automatically debited on the first day of each renewed Subscription Period unless you cancel your Subscription in accordance with the cancellation clause below. Each date for payment is the Billing Date.

If payment of the Subscription Fee has not been made on the Billing Date, we may, in our sole discretion, suspend or terminate your Subscription and Account in accordance with these Terms.

All payments must be made via one of the payment methods set out on the App. You authorise us to debit your chosen payment method on each Billing Date for the Subscription Fee. Payment of any amounts may be subject to: (1) a payment processor’s terms and conditions, if using a payment processor or (2) additional terms and conditions from the Apple App Store or the Google Play Store.

Unless otherwise stated on the App, all Subscription Fees are stated in Australian dollars and are inclusive of GST.

You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay the Subscription Fees and any other amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.

You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.

We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.

We may modify Subscription Fees from time to time upon notice to you. The updated Subscription Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Subscription in accordance with the cancellation clause below.

Cancellation and refunds

You may cancel your Subscription at any time in the Account page/ manage Subscription (or similar) section of your Account. If your chosen payment method was via your Apple ID through the Apple App Store or Google account through the Google Play Store, you may cancel your Subscription via the Apple App Store or Google Play Store.

The cancellation will become effective on and your access to our Services will end on the next Billing Date.

It is your responsibility to check the Subscription, including the Subscription Fees, the Subscription Period, inclusions and other details before making a purchase. Unless otherwise stated, where you have cancelled your Subscription due to change of mind or other circumstances, we do not provide refunds of the Subscription Fee. For the avoidance of doubt, we do not offer refunds of Subscription Fees for yearly Subscription Periods on a pro-rata basis, due to change of mind or other circumstances.

We do not allow for the Subscription to be put on hold or “paused”.

Collection Notice

We collect personal information about you in order to enable you to access and use our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to our Services. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Services or which apply to you or your use of our Services; anything which we would consider inappropriate; or anything which might bring us or our Services into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Services to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Services; (4) tampering with or modifying our App, knowingly transmitting viruses or other disabling features, or damaging or interfering with the App, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the App; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Services to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.

Intellectual Property rights

Subject to your compliance with these Terms, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purpose. All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Services and all of the Content. Your use of our Services and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Services or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Services, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

This clause will survive the termination or expiry of these Terms.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Notice regarding Apple (mandatory language required by Apple)

To the extent that you are using or accessing the App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the App and any content available on the App.

Apple has no obligation to furnish you with any maintenance and support services with respect to the App.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using the App.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability

In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of our Services by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of our Services; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to our Services; (5) our Services being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

Warranties, disclaimers and Indemnities

You represent, warrant and agree that: (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms, and (3) to provide all assistance, information and documentation necessary to enable us to provide our Services and that all information you provide to us in connection with the App will be true, accurate and complete.

You acknowledge and agree that (1) you use our Services at your own risk; and (2) the provision of our Services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This clause will survive the termination or expiry of these Terms.

Termination

At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms (including for non-payment of our Subscription Fees), any applicable laws, regulations or third-party rights.

General

Third party sites: The App or our website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

No commercial use: Our Services are for your personal, non-commercial use only. You must not use our Services, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Competitors: You are prohibited from using our Services, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Disclaimer: Neither we, our personnel or the comedians are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content provided through the Services is for entertainment purposes only. You acknowledge and agree that nothing in the Services we provide may be taken to be medical advice, treatment or a diagnosis nor are they intended to be a substitute for consulting a medical practitioner or mental health practitioner for your particular circumstances and needs.

Variation: We may modify these Terms from time to time by notifying you by email or by in-App notification. By continuing to use our Services after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using our Services. In the event that we modify these Terms and you believe the modification causes you material detriment, you may provide us with evidence of your material detriment and if we agree, we will cancel your Account and we will refund to you Subscription Fees paid in advance by you in connection with the unused portion of our Services.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Jurisdiction: Your use of our Services and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Priceless Creators Pty Ltd t/as Laughscape (ABN 86 636 149 490)
Email: contact@laughscapeapp.com
Last update: 12 February 2021
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