1. Agreement, Parties, Applicability
People Diagnostix Pty Limited (People Diagnostix) is a privately held entity which provides Flourishing at School (FAS), a cloud-based software solution for schools wanting to excel at whole school wellbeing. People Diagnostix uses a positive psychology approach to assess the degree to which staff and students have developed the ‘pillars’ of good mental health to stay well and optimise quality of life at school and beyond. The FAS software and related products include an expansive resource library for self-development and classroom wellbeing interventions. Based in Western Australia, People Diagnostix provides services and solutions internationally.
2. Commencement, Availability, Termination
3. Intellectual Property
The Website includes intellectual property such as domain name, copyright, trade mark, and design, protected under Australian law and international agreements. We own or are licensed to use this intellectual property. We grant You a limited license to make a temporary electronic copy of all or part of the Website and to print limited hard copy versions for Your personal use providing that all material is properly attributed. You may not commercially exploit, modify, claim ownership of, link to or incorporate Our Website content elsewhere without Our prior written consent.
4. Website Information and Records
5. Acceptable Use of Website and Email Functionality
You agree to the acceptable use of Our Website and the email functionality connected with the Website. You undertake not to use these services in an unlawful way or in any way that interferes with Our or other visitors’ use and enjoyment of, or access to these services. You agree that You are personally liable for the consequences of the improper use of these services and failure to comply with relevant law. If You are aware of unacceptable use by a third party, please contact Us at [email protected] and tell Us about it.
6. Access, Monitoring, Interception and Privacy
To comply with law and in line with international standards and best practice relating to the use of information technology, We may access static records and, monitor and intercept live communications and Website activity (blocking, filtering, scanning, cookies etc). While You have Our assurance that We will do this in compliance with law, and to manage business risk, You agree that You have no expectation of privacy in this regard.
You agree that We may approach You or send You information including, information about Our services. You will always have the choice to inform Us in writing that You do not want Us to communicate with You and/or to opt-out of these communications.
8. Damages Arising from Email from People Diagnostix
Information technologies including telecommunication systems and networks expose People Diagnostix to dynamic security and business risk. People Diagnostix manages this risk in accordance with Australia law and through its policies, procedures and guidelines to prevent unauthorised access to or abuse of its systems and networks. While People Diagnostix is committed a reasonable standard care and diligence, People Diagnostix cannot and will not be liable for damages arising from the use of its Website which are beyond its control.
9. Complaints and Alternative Dispute Resolution
You agree to submit all complaints relating to this Agreement to Us first, so that We have an opportunity to resolve Your complaint before You proceed to any relevant authority. Please direct all complaints to [email protected] Subject to the above, You agree to confidential arbitration prior to proceeding to court or other forum. You expressly acknowledge that the arbitration proceeding agreed to prevent You from entering into a class action lawsuit against Us in relation to any dispute arising from this Agreement. Nothing in this Agreement prevents either Us or You from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
You Agree that any electronic record, message, copy, printout or extract of these, signed by one of Our personnel will be absolute proof of the contents of the record, message, copy, printout or extract. No failure or delay by Us or You to exercise a right in this Agreement shall prevent Us or You from exercising Our rights in future. If a term of this Agreement is invalid, unenforceable or illegal, the remaining terms shall continue in full force and effect unless the invalidity, unenforceability or illegality goes to the root of this Agreement.
11. Limitation of Liability, Indemnity, No Warranty
You agree that the Website is provided on an “as is” and “as available” basis and that Your use of this Website is at Your sole discretion and risk. You agree that We will not be liable for any direct, indirect or consequential damages suffered by You arising from Your visit to the Website, this Agreement or otherwise. We will take reasonable care to ensure the accuracy of information and the availability of the Website, but make no representations, warranties or guarantees in any way because it is provided for general information purposes only and at Our discretion alone. To the fullest extent permissible in law, You hereby unconditionally and unreservedly indemnify and hold Us, Our directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising.
12. Links to External Third Party Websites and Social Media
For Your convenience, We provide links to external third party websites and various social media resources. You agree that this does not mean that We endorse these and that You are entirely responsible for Your use and access to all other websites and media. The terms and conditions pertaining to the external third party Websites and media themselves will prevail where relevant.
13. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Western Australia.
14. Skill, Diligence, Care
We will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.
15. Company Information
|Name||People Diagnostix Pty Ltd|
|Physical address and the address for receipt of legal service of documents||Enterprise Unit 3, Suite 4, 9 De Laeter Way, Technology Park, Bentley, Western Australia, 6102|
|Postal address||PO Box 63, Rockingham, Western Australia, 6968|
|Phone numbers||+61 (0) 1300 739 426|
|Email address||[email protected]|
|ABN||37 261 871 814|
|Directors||J van Schie
C van der Veen