Dated: July 1, 2021
Welcome to ‘Seeds in Space’
Thank you for using the “Seeds in Space’ app (the App) and website.
The App/website allows for the upload of growth data, pictures and other content, provides a forum for people to connect, inform, and inspire others who are part of the programs, including ‘Asian Herb in Space’ and ‘What’ll Happen to The Wattle??!’ programs.
Children of all ages may use the App/website if enabled by an educator, group leader, parent or legal guardian who is deemed the responsible adult in charge of their ‘Seeds in Space program, including ‘What’ll Happen to The Wattle??!’ program or ‘Asian Herb in Space’ program. By permitting a child to use the App/website, you are subject to the terms of this Agreement and responsible for the child’s activity on the App/website.
The entity providing the App and website is One Giant Leap Australia.
Your use of the App/website is subject to these terms, which may be updated from time to time.
Use of the App and website
Content on the App and website
The content on the App and website includes videos, audio, graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, One Giant Leap Australia or a third-party.
You may access and use the App/website as made available to you, as long as you comply with this Agreement and applicable laws. You may view or listen to Content for your personal, education or non-commercial use.
The following restrictions apply to your use of the App and website content. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the App or any Content except: (a) as expressly authorised; or (b) with prior written permission from One Giant Leap Australia and, if applicable, the respective rights holders.
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the App or website (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the App or Content.
- collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person.
- use the App or website to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations.
Using the App and website do not give you ownership of or rights to any aspect of the App or website, including usernames or any other Content posted by others.
Changes to the App and website
One Giant Leap Australia may need to alter or discontinue the App or website, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our App/website that will have an adverse impact on the use of our App/website. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our App/website, prevent abuse, or comply with legal requirements.
Your Content and Conduct
If you choose to upload Content, you must not submit to the App or website any Content that does not comply with this Agreement or the law. You are legally responsible for the Content you submit to the App and website.
License to One Giant Leap Australia
By providing Content to the App and website, you grant to One Giant Leap Australia a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, display and perform it) in connection with the App/website, including for the purpose of promoting and redistributing part or all of the ‘Seeds in Space’ programs, including ‘Asian Herb in Space’ programs and ‘What’ll Happen to The Wattle??!’ program.
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to One Giant Leap Australia, our users, we may remove or take down that Content at our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for One Giant Leap Australia or our Affiliates; (b) would compromise an investigation or the integrity or operation of the App and website; or (c) would cause harm to any user or our Affiliates.
Account Suspension & Termination
Terminations and Suspensions
You may stop using the App and website at any time.
One Giant Leap Australia may suspend or terminate your access to the App/website if (a) you breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user.
We will notify you with the reason for termination or suspension by One Giant Leap Australia unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority or would otherwise risk legal liability for One Giant Leap Australia or our Affiliates; (b) would compromise an investigation or the integrity or operation of the App/website; or (c) would cause harm to any user.
Other Legal Terms
Other than as expressly stated in this agreement or as required by law, the App and website are provided “as is” and One Giant Leap Australia does not make any specific commitments or warranties about the App and website. For example, we do not make any warranties about: (a) the content provided through the App/website; (b) the specific features of the App/website, or its accuracy, reliability, availability, or ability to meet your needs; or (c) that any content you submit will be accessible on the App and website.
Limitation of Liability
Except as required by applicable law, One Giant Leap Australia, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:
- Errors, mistakes, or inaccuracies on the App and website.
- Personal injury or property damage resulting from your use of the App and website.
- Any unauthorized access to or use of the App and website.
- Any interruption or cessation of the App and website.
- Any viruses or malicious code transmitted to or through the App/website by any third party.
- Any content whether submitted by a user or One Giant Leap Australia, including your use of content, and/or
- The removal or unavailability of any content.
This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless One Giant Leap Australia, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App and website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the App and website.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our App and website or for legal, regulatory, or security reasons.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).