Terms & Conditions
By registering your details with us, downloading and using the Contain Your Brain app (‘App’), using any of our websites or social media pages/groups pertaining to the App, including the Contain Your Brain website (www.containyourbrain.com) (‘Site’), or ticking the “I have read and agree to the Terms & Conditions” box, you accept and agree to be bound by these Terms of Service which will form a legally binding agreement between you and Struthio Pty Ltd t/a Contain Your Brain (ACN 663 559 340) (‘we’, ‘us’ ‘our’). If you do not accept these terms of service, then please don’t register, access or use the App or the Site.
About Contain Your Brain
The Contain Your Brain ‘app’ that allows you to set a worry time and place, add your worries, and then address your worries by categorising them and by using strategies that correspond to the category you choose. Strategies include, but are not limited to problem-solving, acceptance and self-reflection.
Upon purchase, the app is installed on your phone for your personal use. Any data you store in the app can not be viewed or collected by anyone else. The app enables you to password protect and or access the app via fingerprint or facial recognition as to provide you with additional security on your device.
The Contain Your Brain ‘site’ provides information about the app, as well as general information and tips to assist you with anxiety, stress and worry and related issues. You may opt in to receive emails on the site.
The Contain Your Brain ‘app’ and ‘site’ are not substitutes for health or mental health care. If your worries are causing you significant distress, please seek professional assistance in your local area.
Use and Access
1 Subject to this agreement, you may access and use the App or the Site.
2 To access and use the App or the Site you do not need to register your personal details with Contain Your Brain.
3 You may opt in to Contain Your Brain newsletters by entering your name and email address on the Site. You can unsubscribe at any time.
4 To use the Contain Your Brain app, you must purchase it through Apple or Google Play App stores and download it onto your device. The cost of the app is set at $7.99 AUD. This cost is adjusted by the app stores and varies according to the country of purchase. Payments are made to the operators of those app stores. Consumer rights associated with the purchase must be exercised in relation to the app stores.
5 You are required to obtain and maintain the devices, equipment, hardware, software, telecommunications and internet services, third-party services and the like (e.g. mobile/tablet, computer, broadband) needed for you to access or use the App or the Site.
6 We may impose, vary or remove Site access or use restrictions for any part of the Site at our sole discretion at any time.
7 You acknowledge that we will use the email address you provide as the primary method for communication.
8 You are responsible for keeping your password for the App private, confidential and secure. We cannot and will not be liable for any loss or damage from your failure to maintain the privacy, confidentiality or security of your password.
9 You are responsible for all activity undertaken in the App. If you elect to download content from the App, you bear sole responsibility for the privacy, confidentiality and security of your personal information.
10 You must not reveal your password to anyone or transmit to the Site or any hardware upon which the Site is hosted any worms, viruses, trojan horses or any other harmful code.
11 Your App purchase is personal to you and is not transferrable or licensable.
Representations & Warranties
12 You represent and warrant that:
(a) You are 18 years of age or over, or, if you are under 18 years of age, you have your parent's or guardian's consent to enter into this agreement; and
(b) All of the information you provide to us is accurate and complete.
13 You will indemnify, defend, and hold harmless us and our subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including legal fees, arising from or relating to your breach of this agreement.
14 We reserve the right to modify or terminate the App or Site for any reason, without notice at any time.
15 We reserve the right to refuse service to anyone for any reason at any time.
16 Verbal or written abuse of any kind (including threats of abuse or retribution) of any of our customers, employees, members, or officers will result in immediate deletion and termination of communication.
17 You waive, discharge and release us from all liability for any claim or loss that directly or indirectly results from your reliance on the App or Site.
18 You agree and acknowledge that the App and Site are general in nature, purely for educational purposes and are not a substitute for seeking professional advice, assistance, counselling or therapy from a qualified professional, including, psychologists, psychiatrists, therapists, medical professionals and counsellors. If you have psychological disorder or disorders, and/or problems, issues or concerns that are significantly impacting your life, you are encouraged to seek assistance from a mental health professional.
19 Any testimonials and examples within our App or Site or marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
20 By posting or otherwise publishing anything on or about our App or Site (‘Your Content’), you:
(a) Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
(b) Warrant that you have the right to grant the above licences;
(c) Warrant that Your Content does not breach these Terms & Conditions or anyone’s intellectual property rights; and
(d) Consent to any act or omission which would otherwise constitute an infringement of your moral rights (as defined in the Copyright Act 1968), and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
21 We reserve the right (but have no obligation) to:
(a) Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms & Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
(b) Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms & Conditions or for the purposes of any police investigation or governmental request.
22 We own the intellectual property in and to the App and Site, including all intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation and all copyright and future copyright and neighbouring rights (including rights in computer programs, documentation, drawings, writings and art works), all rights in relation to inventions including patents and patent applications, modifications or improvements to the same, registered and unregistered trade marks or service marks, registered and unregistered designs, rights in relation to trade secrets, know-how and other confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields (“Intellectual Property”)
23 You do not acquire any rights or licences in or to the App or the Site other than the limited right to access and use the App or Site pursuant to this Agreement and within the functional and technical specifications of the App or Site.
24 Certain Site content might be made available for you to download, save, store and print. If so, such content remains our exclusive property.
25 You must not remove, alter or tamper with any non-disclosure, confidentiality, Intellectual Property or ownership designations on the Site, including the following symbols ©, TM, SM, ® or è.
26 Other than as set out in this Agreement, you may not download, copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the App or Site.
27 You are not permitted to offer for sale or sell or distribute over any other medium the App or any part of them. The App, The Site and the information contained in it may not be used to construct a database of any kind, nor may the Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Site.
Modifying and terminating the Site
28 We reserve the right to modify, update or terminate the App or the Site or any part of the App or Site at any time and at our absolute discretion, without notice or liability to you.
29 Any change or modification or update to the App or Site or this agreement is effective immediately upon them being installed by you on the App or posted on the Site. If any such change or modification is unacceptable to you, you may cease using the App or Site. If following any such change or modification you continue to use the App or Site, then you will be deemed to have accepted those changes or modifications.
30 We have no control over and are not responsible for the content of any third-party:
(a) site for which a hyperlink is provided or displayed on the App or Site;
(b) site framed within the App or Site;
(c) advertisements displayed on the App or Site; or
(d) platform upon which the App or Site operates.
31 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites or advertising described in clause 36.
32 Hyperlinks are provided on the App or Site for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the App or Site is not an endorsement, approval or recommendation of the linked website or its content.
33 We are not responsible for the content, cookies or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.
Disclaimer & Liability
34 The App and Site are provided ‘as is’. We assume no responsibility for any error, omission, communications line failure, theft or destruction or unauthorised access to, or alteration of the App or Site.
35 We are not responsible for any problems or technical malfunction of any equipment, software, failure of any communication or App to be uploaded, received by us or able to be viewed, used, streamed or downloaded on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation, uploading or downloading any materials from the App or Site.
36 We make no representation and give no warranty or undertaking (express or implied):
(a) as to the currency, accuracy, completeness, effectiveness or reliability of the App or Site for any particular purpose; or
(b) that the operation of the App or Site will be uninterrupted or error-free.
37 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the App or Site, or the App’s or Site’s inability to meet your needs.
38 The use of and your reliance upon theApp or Site is entirely at your own risk. When using the App or Site information will be transmitted over a medium which may be beyond our jurisdiction or control. Information and files available from the App or Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any content you may transmit to or from the App or Site.
39 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your access and use of the App or Site which is beyond our direct control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the App or Site.
40 To the fullest extent permitted by law:
(a) All conditions and warranties concerning the App or Site (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which cannot be excluded by us, our liability to you is limited, at our choice, to the remedies contained in section 64A of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time, which you agree is your only remedy;
(b) Subject to this Agreement, we, our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the App or Site will not be liable for any loss, costs or damages (including economic or consequential loss, indirect loss, lost profits or special damages) resulting from the use of or inability to use the App or Site whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
(c) Subject to this Agreement, we limit our aggregate liability to you (whether in contract, under an indemnity, in tort (including for negligence), under statute, in equity or otherwise) for all losses arising under or in connection with this Agreement to an amount equal to the Fees paid by you under this Agreement during the 12 months immediately preceding the date of the event giving rise to the first loss under consideration.
(d) We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site or Courses; and
(e) Remedies under this Agreement are exclusive and are limited to those expressly provided for in these Terms.
41 A party claiming that a dispute has arisen under or in connection with this Agreement (“dispute”) must notify the other party giving written details of the dispute. The parties agree to negotiate in good faith on a commercially realistic basis to resolve the dispute within 30 days of initial notification, before commencing any legal proceedings in relation to the dispute. Nothing in this clause will prevent a party from seeking interlocutory relief or debt collection of unpaid Fees.
43 We may assign this agreement and license our rights.
44 To the extent that any part of this agreement is invalid, unenforceable, illegal, void or voidable for any reason, then this agreement will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
45 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
46 We will not be responsible or liable for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any matter beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure, acts of God, natural disaster, climatic or environmental events, tempest, fire, flood, storms, hail, accident, terrorism, industrial action, trespassers, civil disobedience, pandemic, epidemic, war and riots.
47 The words “includes”, “include”, “including”, “for example” or “such as” will be read to mean “including without limitation”.
48 These terms & conditions and the agreement between the parties is subject to the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.