End-User License Agreement
Welcome to One Small Step! Our platform uses behavioural science to make it convenient, financially rewarding, fun and social for you to reduce your environmental impact. Join us on our mission to make local, green living easy. 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.
TERMS AND CONDITIONS
This online platform (Platform) is operated by The Neighbourhood Effect Pty Ltd ABN 47 624 131 264 (we, our or us). We also trade under the name One Small Step App. Our Platform is available via our mobile application on both the Apple App Store and the Google Play Store, and may be available through other addresses or channels. Our Platform describes the services, programs, tools, information and resources we provide to our users and customers (Services).
Please note that our Platform and the content contained on our Platform (including our programs, carbon footprint calculator, product comparisons and any other tools, information, recommendations or resources made available to you) (Content) are provided for general information purposes only, and on an “as is” basis. The Content is intended only to provide general information on reducing your environmental impact, and you must not use the Content on the basis that it is financial, superannuation or tax advice or individualised or customised advice. If you choose to make use of any information, recommendations, tools or programs provided in the delivery of our Services, you do so at your own risk. To the extent permitted by law, we do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the Content provided in the delivery of the Services. It is your sole responsibility to determine the suitability, reliability and usefulness of our Services and our Content.
Calculators and Tools
All tools and calculators on our Platform should be treated as a guide only and should not be relied upon as a true indication of your carbon footprint or any other result generated. All results are subject to the information you input, the relevant assumptions we have made and the accuracy of any information we have at that point in time.
We may compare product value, environmental credentials and prices of different environmentally friendly products on our Platform however we do not compare all available products. Therefore, there may be other options available to you. Any comparison information we provide to you is for your information only and is primarily used as a benchmark. Whilst we use reasonable endeavours to keep the information up to date and to highlight the best options for you, we make no representation that any information provided is accurate or up-to-date. You should consider seeking advice and your own personal and/or financial circumstances when comparing rates and deciding what is best for you according to your own circumstances and needs.
Sometimes we are offered a referral fee or incentive to promote particular products on our Platform. In saying that, it is important to us that we provide you with a useful suite of options that we believe have a positive environmental impact, which is why we will always offer you multiple options, including non-sponsored recommendations. Where we receive a referral fee for a particular product, we will clearly indicate this on our Platform as a “Sponsored” product. You can find out more about any referral fees we earn on our website.
You accept these terms and conditions (Terms), by downloading or using our Platform.
If you access or download our mobile application 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 App Terms of Service.
Signing up to our Platform
When you download our Platform, you will be required to create an account to access our programs, certain features and to materially benefit from our Services (Account). It is free to register for an Account on our Platform.
You must provide basic information when registering for an Account including your name and email address and you must choose a username and password. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date.
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 name, current profile photo, the email address associated with your Social Media Account, your Facebook ID if registering for an Account with Facebook, and other basic information.
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.
Once you have created an Account, you will be able to share your profile with other users and invite your friends and family to connect with you on the Platform.
You may access our Platform and some of our Services for free or you may choose to upgrade to a premium subscription (Premium Subscription). Our Premium Subscription offerings and subscription periods are as set out on our Platform.
If you choose a Premium Subscription, you will be required to and you agree to pay us the fees set out on the Platform in relation to your chosen Premium Subscription to benefit from the selected features (Subscription Fee).
If you purchase an auto-renewing periodic subscription (a Monthly or Annual subscription), your Account will be billed continuously for the subscription until you cancel it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period.
You must pay the Subscription Fee in advance for each billing cycle via one of the payment methods set out in the iTunes app store or Google Playstore, which may include credit card, a third party payment processor or direct debit. The Subscription Fee will be automatically debited on the billing date the Platform sets out (Billing Date). The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers, as set out via the iTunes app store or Google Playstore.
To the maximum extent permitted by law, and subject to your Statutory Rights, the Subscription Fee is non-refundable.
The Subscription Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
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 the Subscription Fees from time to time upon reasonable 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 Premium Subscription in accordance with the cancellation clause below.
Changing Your Subscription
You may upgrade or downgrade your Premium Subscription at any time via the One Small Step app Settings page. The payment method linked to your Account will automatically be charged the Subscription Fee for your new Premium Subscription on the next Billing Date.
Cancelling your Subscription
One Small Step Premium Subscriptions are managed by the iTunes app store for iOS Premium subscribers and by the Google Playstore for Android Premium subscribers.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your One Small Step account and follow instructions to terminate or change your subscription, even if you have deleted your account. You can Manage your Subscriptions and cancel your monthly or annual subscription via the Apple App Store (for iOS) and via the Google Playstore (for Android) on your Phone.
You may cancel your Premium Subscription at any time through the iTunes app store or the Google Playstore by going to the Manage Subscriptions section of your phone and cancelling your subscription, or by providing us notice (which you may provide via email). We will provide you with confirmation that your Premium Subscription has been cancelled via email or via the Platform. After you receive confirmation from us of cancellation of your Premium Subscription, your access to the features of your Premium Subscription will end on the next Billing Date. You will still be able to use the free features of the Platform.
To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation. Where you have cancelled your Premium Subscription due to change of mind or other circumstances, we do not provide refunds of the Subscription Fee. We do not allow for a Premium Subscription to be put on hold or “frozen”.
Deleting your Account
You may delete your Account at any time by sending us an email. When you delete your Account, you will lose access to the Platform, your user information will be deleted. You will not be able to reactivate your deleted account at a later date, but you can create a new account. Any information relating to your progress in a program or personalised results or profile will no longer be available if you delete your account.
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 Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform 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 Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (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 Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Intellectual Property Rights
Unless otherwise indicated, we own or licence all rights, title and interest in all intellectual property on the Platform (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our Services. Our Platform uses open source software (as set out in Appendix A and as updated from to time), which we have the right and licence to use. You acknowledge that any updates to Appendix A do not change our terms with you.
We give you a limited, revocable, non-transferable licence to use, for your personal use, any materials or other content we provide to you as part of our Platform.
Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party including on social media; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform.
You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it: (a) does not contain identifying information; and (b) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.
We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.
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
To the extent that you are using or accessing our Platform 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 Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
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 our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
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.
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 the Platform 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 the Platform; (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 the Platform; (5) the Platform 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 or if you have not paid us any Subscription Fee, $100; 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 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 the Services and that all information you provide to us in connection with the Platform will be true, accurate and complete.
You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform 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 Platform 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.
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.
Third party sites: Our Platform 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.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Competitors: You are prohibited from using our Platform, 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.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform 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 the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you the Subscription Fees paid in advance by you in connection with the unused portion of the Services. We may, at any time and at our discretion, vary Appendix A by updating the Terms on our Platform.
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 Platform 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: email@example.com
One Small Step App ABN 47 624 131 264
Last updated: 14 October 2020