Terms & Conditions
1. Definitions and Interpretation
(a) Definitions
- “Account” means the secure online account created for a Member upon registration, through which the Member accesses the Services and the Vault.
- “Company” means LIONET Pty Ltd (ABN 78 702 499 858), the operator of the Website and provider of the Services.
- “Content” means any personal, financial, estate or other records, documents, files, images or information that a Member uploads, stores or organises within the Vault.
- “Member” means an individual who registers for and subscribes to the Services.
- “Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth).
- “Services” means the subscription-based online record-keeping and organisation platform provided by the Company, including the Vault, all associated features and functionality, and the tools to generate summaries and reports from a Member's own information and to nominate trusted people who may be granted access.
- “Subscription” means the paid subscription purchased by a Member to access the Services for a defined period.
- “Terms” means these Website Terms and Conditions of Use, including any schedules, updates or variations published by the Company from time to time.
- “Vault” means the secure private storage area within the Services where a Member stores and organises their personal, financial, estate and household records, including assets and liabilities, insurance and superannuation, bank and online accounts, key contacts, will and estate details, Power of Attorney, end-of-life wishes and a digital inventory.
- “Website” means the online platform operated by the Company at the URL specified in these Terms, including all pages, features and functionality accessible through it.
(b) Interpretation
- Headings are for convenience only and do not affect interpretation.
- A word in the singular includes the plural and vice versa.
- “Including” means “including without limitation”.
- A reference to a clause is a reference to a clause in these Terms.
- “Days” means calendar days unless otherwise stated.
- These Terms do not limit or exclude any rights a Member has under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded by agreement.
- The Privacy Act 1988 (Cth) applies to the collection, use and disclosure of Personal Information in connection with the Services.
2. About the Website
- Welcome to LIONET (the “Website”). LIONET is a subscription-based SaaS platform — a secure online “vault” and life-admin tool, hosted in Australia, that gives you ongoing access to a private account to store and organise the personal, financial, estate and household records your family may need in everyday life, in an emergency, or on death (such as assets and liabilities, insurance and superannuation, bank and online accounts, key contacts, will and estate details, Power of Attorney, end-of-life wishes and a digital inventory). The subscription also includes tools to generate summaries and reports from your own information and to nominate trusted people who may be granted access. LIONET is a record-keeping and organisation service only and does not provide legal, financial, medical or tax advice, and does not replace signed legal originals.
- The Website is operated by LIONET Pty Ltd (ABN 78 702 499 858) (the “Company”).
- The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
3. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by LIONET Pty Ltd in the user interface.
4. Subscription to use the Services
- In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Telephone number
- Other personal details required
- You warrant that any information you give to LIONET Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with LIONET Pty Ltd; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
5. Your obligations as a Member
As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify LIONET Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of LIONET Pty Ltd providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of LIONET Pty Ltd;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by LIONET Pty Ltd for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6. Payment
- All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
- You agree and acknowledge that LIONET Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
7. Refund Policy
- LIONET Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of LIONET Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
- Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
8. Copyright and Intellectual Property
- The Website, the Services and all of the related products of LIONET Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by LIONET Pty Ltd or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by LIONET Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- LIONET Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
- You may not, without the prior written permission of LIONET Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. Privacy
LIONET Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to LIONET Pty Ltd's Privacy Policy, which is available on the Website.
10. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- LIONET Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of LIONET Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of LIONET Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of LIONET Pty Ltd; and
- the Services or operation in respect to links which are provided for your convenience.
11. Limitation of liability
- LIONET Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that LIONET Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of LIONET Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, LIONET Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
13. Termination of Contract
- The Terms will continue to apply until terminated by either you or by LIONET Pty Ltd as set out below.
- You may cancel your Subscription at any time by:
- logging into your Account and selecting the cancellation option; or
- contacting the Company in writing at the email address provided on the Website.
- LIONET Pty Ltd may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- LIONET Pty Ltd is required to do so by law;
- the provision of the Services to you by LIONET Pty Ltd is, in the opinion of LIONET Pty Ltd, no longer commercially viable.
- Subject to local applicable laws, LIONET Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts LIONET Pty Ltd's name or reputation or violates the rights of those of another party.
14. Indemnity
You agree to indemnify LIONET Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
15. Dispute Resolution
15.1 Informal resolution
If a dispute arises out of or relates to the Terms, the parties will first attempt to resolve the dispute informally by contacting the other party in writing (by email to the address registered in the Member's Account, or by post to the Company's registered address) and discussing the matter in good faith within 14 days of the dispute arising.
15.2 Mediation
If the dispute is not resolved within 14 days of the initial contact, the parties agree to attempt to resolve the dispute by mediation before a mediator mutually agreed upon by the parties. The mediation will be conducted in accordance with the rules of the mediation body agreed upon by the parties. The parties will share the costs of the mediator equally. If the parties cannot agree on a mediator or mediation body within 14 days, either party may refer the dispute to the Australian Dispute Resolution Centre (or a similar accredited mediation body) for mediation.
15.3 Court proceedings
If the dispute is not resolved by mediation within 60 days of the initial contact, either party may commence proceedings in the courts of Western Australia.
15.4 Continuing obligations
During the pendency of any dispute resolution process, the parties will continue to perform their respective obligations under the Terms to the extent not in dispute.
15.5 Confidentiality
All communications and negotiations made in the course of dispute resolution are confidential and will not be admissible as evidence in any court or tribunal proceedings, except to the extent necessary to enforce a settlement agreement.
16. Venue and Jurisdiction
The Services offered by LIONET Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
17. Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
19. Entire Agreement
These Terms (together with any schedules, the Company's Privacy Policy, and any other documents expressly incorporated by reference) constitute the entire agreement between the Company and the Member in relation to the subject matter of these Terms and supersede all prior representations, warranties, commitments, offers and agreements relating to that subject matter, whether written or oral.
20. Variation
The Company may vary these Terms from time to time by publishing an updated version on the Website. If the variation is material, the Company will notify Members by email at least 14 days before the variation takes effect. Continued use of the Services after a variation takes effect constitutes acceptance of the varied Terms.
21. No Waiver
A failure by either party to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. A waiver of any breach does not constitute a waiver of any subsequent breach.
22. Notices
Any notice under these Terms must be in writing and delivered by email to the address registered in the Member's Account, or by post to the Company's registered address. A notice is taken to be received: if by email, at the time of transmission (provided there is no error message); or if by post, on the third business day after posting.
23. Assignment
A Member may not assign, transfer or delegate any of its rights or obligations under these Terms without the prior written consent of the Company. The Company may assign, transfer or delegate any of its rights or obligations under these Terms at any time.
24. Force Majeure
The Company will not be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that the failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, fire, flood or other acts of God; war, terrorism, civil unrest or government action; failure or interruption of telecommunications, internet or power infrastructure; industrial action or labour disputes; or any other event that could not reasonably have been foreseen or prevented. The Company will use reasonable endeavours to resume performance as soon as practicable after the force majeure event ceases.