End User Terms

General
1. The following terms apply to the products and services provided by GuideNest PTY LTD ACN 691 264 623.
2. In this document:
  1. "Carer" means a person who provides care or support to a Child, including a parent, guardian, family member, or other person with responsibility for the Child's welfare;
  2. "Child" means a child or person in respect of whom a Carer uses the Service;
  3. "Content" means all information, personally identifiable information, data, documents and creative expressions, and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Service;
  4. "Health Information" means information or an opinion about the health, including an illness, disability or injury, of an individual, or about an individual's expressed wishes about the future provision of health services to him or her, whether or not the information or opinion is true and whether or not the information or opinion is recorded in a material form;
  5. "Service" refers to the GuideNest website and mobile application;
  6. the words "we", "our", "us" and "GuideNest" refers to GuideNest PTY LTD (ACN 691 264 623), the operator of the Service and all of its related entities; and
  7. the words "you" and "your" means you, and where applicable, any Child in respect of whom you use the Service.
3. These End User Terms should be read in conjunction with, and you agree to, the:
  1. GuideNest Privacy Policy; and
  2. any supplementary terms agreed, or incorporated by reference, in the Service; (collectively, the "Agreement").
4. By using or accessing the Services, you agree to all the terms and conditions of the Agreement, and if you do not agree to all the terms and conditions of the Agreement you should not and are not permitted to use the Services.
About the Service
1. GuideNest provides a technology platform and support tools designed to assist Carers of children who are neurodiverse or have neurodevelopmental conditions.
2. The Service may include features such as:
  1. information resources and educational content;
  2. tools for tracking behaviours, routines, and progress;
  3. community features enabling Carers to connect with one another;
  4. artificial intelligence features that provide suggestions, insights, or assistance based on information you provide; and
  5. other support tools as may be made available from time to time.
3. The Service is designed to provide general support and information to Carers. The Service does not provide medical advice, diagnosis, or treatment, and is not a substitute for professional medical, therapeutic, or specialist advice.
Important Health Disclaimer
1. The Service is provided for general informational and support purposes only.
2. The Service does not provide, and nothing in the Service should be construed as:
  1. medical advice, diagnosis, or treatment;
  2. psychological, psychiatric, or therapeutic advice;
  3. advice from a qualified health practitioner; or
  4. a substitute for consultation with qualified health professionals.
3. You should always seek the advice of qualified health professionals with any questions you may have regarding a medical condition or the health, development, or wellbeing of any Child.
4. If you think a Child may have a medical emergency, call your doctor, go to the nearest hospital emergency department, or call emergency services immediately.
5. GuideNest does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Service.
Artificial Intelligence Features
1. The Service may include features that use artificial intelligence, machine learning, or similar technologies ("AI Features") to analyse information you provide and generate suggestions, insights, content, or other outputs.
2. You acknowledge and agree that:
  1. AI Features are provided for general informational and support purposes only and are not a substitute for professional advice;
  2. outputs generated by AI Features may not be accurate, complete, or appropriate for your specific circumstances;
  3. you are solely responsible for evaluating and deciding whether to act on any output generated by AI Features;
  4. AI Features learn and improve based on data, including data you provide, in accordance with our Privacy Policy;
  5. you should not rely on AI Features for medical, health, therapeutic, or emergency decisions; and
  6. GuideNest makes no representations or warranties regarding the accuracy, reliability, or suitability of any output generated by AI Features.
3. You must not use AI Features to generate content that is harmful, abusive, defamatory, or otherwise unlawful.
Privacy
1. Any information you provide to us, either intentionally or incidentally, via the Service is subject to our Privacy Policy, which governs our collection and use of your information. You agree that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.
2. The Service may collect Health Information about you and about Children. By using the Service, you consent to our collection and use of this Health Information in accordance with our Privacy Policy.
3. If you provide any information to us about a Child, you:
  1. warrant that you are a parent, guardian, or person with lawful authority to provide that information and to consent on behalf of the Child;
  2. consent to the collection and use of that information in accordance with our Privacy Policy; and
  3. acknowledge that you are responsible for ensuring that the provision of that information is lawful and appropriate.
4. If you provide any information to us about any other person (other than a Child in respect of whom you are a Carer), you warrant that:
  1. you have obtained that person's consent to provide the information to us; and
  2. that person has reviewed and consents to our Privacy Policy.
5. We collect personal information about you in order to process your registration and provide you with services and for purposes otherwise set out in our Privacy Policy.
6. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.
7. We may also disclose your personal information to recipients that are located outside of Australia.
Set Up
1. In order to use the Service you may be required to provide or authorise us to access personal details.
2. You must be at least 18 years of age to create an account and use the Service.
3. All information provided to us must:
  1. be accurate and correct to the best of your knowledge; and
  2. not infringe on the rights of any third parties, including but not limited to, content that infringes on privacy rights or intellectual property rights, such as copyright and trademark rights.
4. You are responsible for keeping your system access passwords, tokens and other authorisations secure and are responsible for all use and activity carried using them.
5. You must not share your account credentials with any other person.
Limitations of Use
1. You may not do any of the following while accessing or using the Services:
  1. access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of GuideNest and/or its service providers;
  2. probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
  3. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by GuideNest (and only pursuant to those terms and conditions);
  4. scrape the Services, and particularly scrape Content from the Services, without the express prior written consent of GuideNest;
  5. use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers;
  6. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services;
  7. use the Service to harass, abuse, stalk, threaten, or otherwise violate the rights of others;
  8. post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
  9. use the Service in any way that could harm Children or put them at risk; or
  10. take any action that may undermine the quality of information contained on the Service or any community features.
Intellectual Property
1. For Content uploaded by you, or given to us, for use on the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for its use in connection with operating and improving the Service.
2. You represent and warrant that:
  1. you have obtained all necessary rights, releases and permissions to submit all Content to the Service and to grant the rights granted to us in these Terms; and
  2. all Content and its submission and use as you authorize in these Terms will not violate:
    1. any laws;
    2. any third-party intellectual property, privacy, publicity or other rights; or
    3. any of your or third-party policies or terms governing the Content.
3. GuideNest assumes no responsibility or liability for any content uploaded by you to the Service, and you are solely responsible for the Content and the consequences of submitting and using it with the Service.
4. Reproduction of Content that appears on the Service is prohibited, except where explicitly authorised by this Agreement.
5. Unless otherwise indicated, all materials on the Service, and the website and application itself, are protected by copyright, trade marks and/or other intellectual property rights. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by GuideNest.
6. Any other use of materials on the Service without the prior express written permission of GuideNest is strictly prohibited.
Disclaimer
1. The information contained on the Service is for general information and support purposes only. The information is provided by GuideNest and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
2. Without limiting the generality of the above, GuideNest does not warrant that:
  1. the Service will meet your requirements;
  2. the Service will be uninterrupted, timely, secure, or error-free;
  3. any information, content, or outputs provided through the Service, including through AI Features, will be accurate or reliable; or
  4. any defects in the Service will be corrected.
3. GuideNest shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for any loss or damage arising from your use of the Service or reliance on any information or content provided through the Service.
4. The Service may contain links to other websites and software applications. GuideNest is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites and software applications. Any link to another website, and reference to third-party information, products or services linked to the Service, is not, and should not be construed as, an express or implied endorsement by GuideNest.
5. The Service may contain content, imagery, text and other media contributed by users of the Service or generated by AI Features. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of such content for any purpose.
6. Every effort is made to ensure the efficient operation of the Service and that the information contained within the Service is accurate at all times. However, GuideNest takes no responsibility, and will not be liable for, the Service becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.
Limitation of Liability
1. To the maximum extent permitted by law, GuideNest's total liability to you for all claims arising out of or in connection with this Agreement or the Service is limited to the amount you paid to GuideNest (if any) in the 12 months preceding the claim.
2. To the maximum extent permitted by law, GuideNest excludes all liability for any:
  1. indirect, incidental, special, consequential, or punitive damages;
  2. loss of profits, revenue, data, or goodwill; or
  3. personal injury or health outcomes arising from your use of the Service or reliance on any information or content provided through the Service.
3. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
Termination
1. GuideNest may, in its absolute discretion and with immediate effect, terminate this Agreement and remove you from the Service.
2. GuideNest may, in its absolute discretion, refuse service to any person or entity.
3. GuideNest may, without notice to you and in GuideNest's sole discretion, issue you a warning, restrict your activities on the Service, temporarily suspend, indefinitely suspend or terminate your login and refuse to provide services to you if:
  1. you have, or GuideNest believes that you have, breached this Agreement;
  2. GuideNest is unable to verify or authenticate any information you have provided via the Service;
  3. GuideNest believes that your actions may cause loss or damage to or otherwise unlawfully harm you, GuideNest's users, third parties, or GuideNest, its related bodies corporate or affiliates and its directors, employees or agents; or
  4. GuideNest reasonably believes that any of your information or Content is incorrect, misleading, inappropriate, or of an offensive nature.
4. You may terminate your account at any time by contacting us or using the account deletion feature in the Service.
5. Upon termination, your right to use the Service will immediately cease, and we may delete your account and associated data in accordance with our Privacy Policy.
Other Matters
1. If the whole or any part of any clause of this Agreement is illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
2. This Agreement:
  1. accurately reflects the agreement between the parties as to its subject matter;
  2. records the entire agreement between the parties with respect to the subject matter of the Agreement;
  3. supersedes all prior representations and agreements in connection with that subject matter; and
  4. may only be altered in writing signed by both parties.
3. The failure of GuideNest at any time to insist on performance of any obligation of you under this Agreement is not a waiver of its right:
  1. to insist on performance of, or claim damages for breach of, that obligation unless GuideNest acknowledges in writing that the failure is a waiver; and
  2. at any other time to insist on performance of that or any other obligation of the other party under this Agreement.
4. This Agreement does not create a relationship of employment, agency or partnership between the parties.
5. This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

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