ME - TERMS AND CONDITIONS OF USE

 

Last updated: 24th October, 2023

 

"ME" refers to a comprehensive motivational platform encompassing the Me App, Me Business, Website, Site, and App. This community and service is designed for both individuals and companies and is accessible via its website and application (collectively referred to as “Services"). For the purposes of this document and any other related agreements or communications, the term “ME” represents On Point Holdings Pty Ltd ACN 618 965 807, as well as its affiliates or related entities. This includes, but is not limited to, all references, product names, and sub-brands associated with ME.

 

1. TERMS AND CONDITIONS

 

1.1 These Terms and Conditions guide your utilisation of the ME App and ME Business, accessible to individuals, organisations, and businesses. "Website" within these Terms and Conditions envelops internet websites, the ME App, ME Business, web apps, and any like software used by ME intermittently.

 

2. ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE

 

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO SUBSCRIBING TO OR USING THE ME APP OR ME BUSINESS WEBSITE.

 

If you do not agree to these Terms and Conditions and our Privacy Policy, Cookies Policy, and any other policies we introduce from time to time (Policies), do not use ME. By continuing to browse or view content using the ME App, MME Business, you are deemed to have fully and unconditionally accepted and agreed to these Terms and Conditions.

 

3. ACKNOWLEDGEMENT

 

By downloading or signing up and using ME you acknowledge that you are providing your express consent to receive commercial messages and notifications from ME, for the purposes of advertising, promoting, and providing special offers relating to ME pursuant to the requirements of the Spam Act 2003 (Cth).

 

4. PERMISSIONS WE ASK FOR:

 

4.1 By agreeing to our Terms and Conditions, including our Policies, the user is allowing Me to:

 

a) Send you push notifications.

b) Access your location, including your GPS information, to get your exact location, the wireless network you are using, local cell tower information, current WI-FI points, as well as access to your compass.

c) Allows us to show you notifications on your app icon.

d) Access information about your device hardware and software, including, for example, which operating system version you are using, advertising identifiers, device identification, language, microphone, time zone you are in, and generally other information available on your device.

 

4.2 Sensors in your phone, watch, or tablet, including:

 

a) Accelerometer

b) Digital Compass (Magnetometer)

c) Gyroscope Sensor

d) Ambient light Sensor

e) GPS Sensor (Global Positioning System)

f) Proximity Sensors

g) NFC Sensors (Near Field Communication)

h) Biometric Sensors (e.g., Face ID, Fingerprint Scanner)

i) Virtual Reality (VR) Sensors and Tracking (when applicable)

 

4.3 We use the above information to activate different features in our app and for gathering information to provide the best experience when using ME.

 

5. YOUR AGREEMENT & SUBSCRIPTION

 

5.1 In accessing, registering, or using the App or Website, including any and all web pages, the Services and products, information, text, and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.

 

5.2 We offer subscriptions for Me General Users (Public Users):

• Me Premium Monthly Subscription

• Me Premium Yearly Subscription

 

Pricing is available to be viewed on the chosen app store in your country/region.

 

5.3 This is a recurring transaction that will be charged to your iTunes (Apple) or Google Play (Android) Account at confirmation of purchase and will automatically renew unless you cancel it at least 24 hours before the end of your subscription. Renewals will be charged at the same cost within 24 hours prior to the end of the current period. You will be informed of any price changes before they take effect, ensuring you are aware of any additional charges before the start of the billing period in which the new price applies.

 

5.4 Any General user who has an active Premium subscription or lifetime in-app purchase will have full access to the ‘ME’ app and its features, other than ‘ME Business’ specific features.

 

5.6 ME General Users (Public Users) are eligible for a 3-day free trial with the ME Premium Monthly Subscription and a 7-day free trial with the ME Premium Yearly Subscription. We reserve the right to revoke your free trial at any time. Unless you cancel before the end of the trial period, your free trial will expire, and you will be charged the Subscription Fee. 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 and Conditions.

 

5.7 Please note that prices may vary depending on your country of residence, and the final price will be converted to your local currency based on the exchange rates provided by the Apple App Store or Google Play Store at the time of purchase for reference.

 

5.8 For ME Business Users:

• ME Business Monthly Subscription priced per user, per month. Yearly plan, paid monthly. Excluding government charges.

• ME Business Yearly Subscription priced per user, per month. Yearly plan, prepaid. Excluding government charges.

 

5.9 Purchasing additional user licenses will result in having an additional subscription (monthly or yearly). These additional licenses commencement dates will be from the date of purchase of that additional license. 

 

5.10 ME Business User subscriptions will auto renew unless canceled via account settings within the ME Business web portal. To cancel your subscription, please navigate to 'Subscriptions' in the ME Business web portal and follow the provided cancellation instructions. Should there be any adjustments to our pricing structure, we will duly notify you through email and the updated prices will also be reflected on our website.

 

6. RENEWAL & TERMINATION

 

6.1 For ME Business subscribers, your Subscription will automatically renew for the same term as your initial Subscription unless you choose to opt out of the recurring Subscription. You can manage this by accessing the Account Settings section of your ME Business account on the ME Business web portal and deselecting the option related to automatic renewal when you receive a renewal notification from ME.

 

6.3 You have the option to cancel your ME Business Subscription at any time. Please note that no refunds will be issued upon cancellation. To cancel your Subscription to the ME Business you can manage this by accessing the Account Settings section of your ME Business account on the ME Business web portal and and navigate to subscriptions, ME will archive any information related to your account stored in our database. Your archived information will be retained for a period of 7 years from the date of purchase and/or Subscription, after which it will be deleted or destroyed.

 

6.4 We reserve the right to terminate your License, Subscription, and/or participation in the Forum at our sole discretion if we believe that you have violated any of the Terms and Conditions of the License or have engaged in or facilitated unlawful activities related to the Website. Additionally, we retain the right to take any necessary actions to enforce these Terms and Conditions.

 

7. PAYMENTS

 

7.1 When purchasing the Services from the ME Business App or Website ("Purchase"), you hereby agree to the following terms:

 

a) Payment Method: You agree to make payment using a valid credit card or any other payment method as permitted by us.

 

b) Providing Accurate Information: You are responsible for providing accurate and up-to-date information in the purchase order form. This includes your full legal name, email, business name, equivalent business identification number for your respective country (e.g., ABN - Australian Business Number for Australia), website, street address, telephone number, email address, credit card details, and billing information. In the event that we discover or suspect any inaccuracies or omissions in the information provided by you, we reserve the right to refuse to proceed with your Purchase, suspend or terminate your access to the ME Business App or Website, and you forfeit any right to a refund of any payments made for the Purchase.

 

c) Payment of Costs: You agree to bear all costs, fees, charges, applicable taxes, and other expenses associated with the Purchase ("the costs").

 

d) Currency: All costs are denominated in US Dollars unless explicitly stated otherwise.

 

7.2 Price Variation: You acknowledge and agree that the pricing for our Services may vary depending on the type of Subscription you select and your geographical location.

 

7.3 Payment Processor: Please be aware that we utilise Airwallex as our payment processing partner to facilitate payments. Should we update our payment processing partner our users will be notified.

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8. INTELLECTUAL PROPERTY

 

8.1 Ownership of Intellectual Property:

All content presented within the ME App, encompassing but not restricted to text, images, logos, graphics, user interface, audio, video, and code ("Content"), is the exclusive property of ME, its affiliates, or related entities, unless otherwise specifically indicated. Content provided by third parties shall be owned by such parties and is protected under Australian and international copyright laws.

 

8.2 Usage Limitations:

You are prohibited from transmitting, broadcasting, modifying, adapting, or employing any Content from the ME App without obtaining ME’s prior explicit written approval. In instances where Content is downloaded or printed, you agree to use such Content solely for private and non-commercial purposes.

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9. COPYRIGHT

 

9.1 Copyright Protection:

Pursuant to relevant copyright laws, including but not limited to the Copyright Act 1968, ownership rights pertaining to the publication or reproduction of materials such as films, music, books, photographs, and computer software (collectively, "copyright material") are protected.

 

9.2 User Obligations:

Users must refrain from posting, copying, modifying, publishing, distributing, or sharing copyright material on the ME App without securing explicit authorisation from the rightful copyright owner. Any material found to infringe upon a copyright owner’s rights may be removed, and, if deemed necessary, we reserve the right to disable or terminate the user's account in response to such a violation.

 

9.3 Enforcement and Recourse: Should users be found to infringe upon ME's intellectual property rights, their accounts may be subject to immediate suspension or indefinite disabling, as deemed appropriate and necessary. ME adheres to a stringent policy to protect and enforce its intellectual property rights and will pursue all available legal avenues to ensure its protections.

 

9.4 Reporting Infringements: If any users or third parties identify copyright-infringing material within the ME App, they are encouraged to report such instances to ME. We will investigate and address such reports expeditiously, and where valid, enact remedial actions, which may include the removal of the offending content or suspension of the infringing user’s account.

 

9.5 Copyright Infringement Liability: Users agree that they will bear any and all liability arising from copyright infringement claims related to the material they post. This includes all legal fees, damages, and any other costs that may be incurred as a result of posting or sharing unauthorised copyright material.

 

10. UTILISING THE ME APP AND ME BUSINESS APP

 

10.1 Application Utilisation and Content: The ME App and ME Business App serve as platforms through which you can access motivational quotes and other supplied content. While using the App(s), you commit to the stipulated Terms and Conditions outlined herein.

 

10.2 Account Creation and Management

 

a) Account Setup: Users must establish an account, providing requisite details which may include, but are not limited to: full name, mobile number, email/username, password, and any other information deemed necessary by ME.

 

b) User Responsibility: Users are entrusted with safeguarding the confidentiality of their personal, password, and payment details and assume total responsibility for all activities under their account.

 

10.3 User Age and Access: The App(s) are only available to individuals aged thirteen (13) years and over. ME retains the right to refuse service, revoke access, or annul accounts without prior notice.

 

10.4 Reliability and Content Integrity

 

While facilitating your access to motivational quotes and additional content, ME:

 

a) Does not guarantee error-free or uninterrupted service and does not commit to rectifying all system errors.

 

b) Is not liable for damage due to viruses, harmful components, or third-party interference.

 

c) Reserves the right to modify or erase content jeopardised by software issues, errors, or unauthorised interventions.

 

10.5 User-Generated Content Ownership: Upon submission, all user-provided quotes become the sole property of On Point Holdings Pty Ltd. Users relinquish entitlement to royalties or remuneration of any form related to the submitted content. Upon account deletion, On Point Holdings Pty Ltd retains all rights to previously submitted content.

 

10.6 Overview: The ME App and ME Business App offer a platform to explore and engage with various features and content, namely motivational quotes, articles, and playlists, subject to the following terms:

 

10.7 Features and User Agreements:

 

a) Quotes

 

i. Categories & Access:

• ​​Free users have unrestricted access to ‘General Quotes’ and limited access to other ‘Quote Categories’.

• Premium users are allotted one premium quote daily.

 

ii. User Submissions:​

• Quotes submitted by users become the exclusive property of 'ME'.

• Users providing quotes from other authors must give due credit.

 

iii. Translations & Playback:

• Automated translations and voice playbacks may not be wholly accurate.

 

iv. Quote Features:

• Features encompass quote reminders, widgets, translations (in 59 languages), favoriting, wallpaper settings, and sharing capabilities.

• ​Account deletion results in the loss of quote history and saved data.

 

v. Rights and Modifications:

• ‘Me’ reserves absolute rights to alter, update, or discontinue quote features at any time, without prior notification.

 

b) Articles

 

i. Availability & Translation

• ​Premium users gain access to daily articles.

• ​Automated translations into 59 languages may contain inaccuracies.

 

ii. Content Note

• Articles are crafted by writers and are not to be regarded as health advice.

 

c) Playlists

 

i. Access & Creation

• ​General and business users have access to a curated selection of playlists.

• ​Business account owners and users with relevant permissions can create and add personalised playlists via Apple Music or Spotify.

• In creating playlists ME Business users agree to Terms and Conditions of 3rd Party providers including Apple Music and Spotify or any other 3rd Party provider that Me choses to use within its app/platform.

 

ii. User Agreements

• Access to playlists requires users to allow access to their Apple Music or Spotify accounts and acknowledges the need for an active account on these platforms.

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d) Body & Mind: The Body & Mind feature encompasses various categories and content, including:

 

Move: This category features instructor-led videos in Yoga, Fitness, and Pilates. It is crucial to understand that these videos are for informational purposes only. Users should ensure they are in proper health and physical condition before following any exercise instructions. ME is not responsible for any injuries or health issues that may arise from using the content in this category.

 

Meditations: This section includes multiple subcategories offering guided meditation videos. Users are encouraged to practice meditations in a quiet and safe environment, ensuring they are free from potential disturbances and hazards.

 

Motivation: Contains a variety of motivational speech videos and other content curated and created by ME.

 

Sound: Features meditation-related sound videos, such as pink noise recordings.

 

Food: This segment consists of various subcategories with food recipes and detailed ingredient charts. While ME has made diligent efforts to ensure the accuracy and safety of recipes, users are advised to exercise discretion, especially if they have any specific dietary requirements or allergies. ME disclaims any liability arising from the use or misuse of the content in this category.

 

Vitamins: Provides images and information related to various vitamins. This information is for general knowledge and should not be taken as medical or nutritional advice.

 

By accessing and using the Body & Mind feature on the ME app, you understand and agree that none of the provided content should be perceived as professional health, medical, or nutritional advice. While ME strives to offer accurate and beneficial content, users are urged to consult with healthcare professionals before making decisions related to their health, nutrition, or physical activity based on the app's content.

 

Important: Before engaging in any activity, exercise, or dietary change featured on the ME app, especially within the Body & Mind section, you should seek advice from appropriate medical professionals. ME is not liable for any health issues, injuries, or other adverse effects that might occur from using the content within the app.

 

e) Goals & Habits:

 

The Goals & Habits feature of the ME app provides users with the ability to create, track, and manage personal goals and habits on both daily and weekly bases. In addition to personalised goal and habit tracking, the feature also offers "Preset Goals" and "Preset Habits (Daily/Weekly)." These presets have been curated by ME to offer users guidance and direction in their goal-setting and habit-forming journey without the necessity of starting from scratch.

 

Preset Content: The preset goals and habits provided by ME are designed for general applicability and inspiration. They may not suit every individual's specific circumstances, needs, or health conditions. They are intended to serve as general guidelines and are not to be considered professional or health advice.

 

Disclaimer: ME disclaims all liability and responsibility for any actions, consequences, or results arising from the use of the preset goals and habits. Users should exercise personal judgment and discretion when deciding to follow a preset goal or habit, especially if it involves any changes to their lifestyle, health, or well-being. It is recommended that users consult with appropriate professionals or experts before embarking on significant changes to their routines or practices based on the content within the Goals & Habits feature.

 

By using the Goals & Habits feature and selecting from the preset goals and habits, users acknowledge and agree that they are doing so at their own risk. ME will not be held responsible for any adverse effects or consequences resulting from the use or reliance on the preset content. By accepting these Terms and Conditions, users confirm their understanding and agreement with the stipulations outlined in this section.

 

f) Team Goals (For ME Business Users Only):

 

The "Team Goals" feature is exclusively available to ME Business users. This feature is designed to promote collective goal-setting, tracking, and achievement within a business or organisational setting.

 

Creation & Management: Only the account owner or designated users with the appropriate permissions are authorised to create team goals. These authorised individuals also have the privilege to add employees to specific team goals. The purpose is to ensure the proper management and assignment of responsibilities within the team.

 

Data Access & Monitoring: All data related to the creation, progress, and completion of team goals can be accessed and viewed in the ME Business portal. Again, only the account owner or users granted the necessary permissions have the capability to monitor this data. This is to ensure the confidentiality, integrity, and accuracy of the goal data while also recognising the effort and contributions of the team members.

 

Disclaimer: While the Team Goals feature serves as a tool to foster collaboration and unity within a team, ME is not responsible for the content, objectives, or results of the team goals set. The account owner and designated users with permissions bear the responsibility for ensuring that the goals set are appropriate, achievable, and in the best interests of the team and organisation.

By using the Team Goals feature, ME Business users acknowledge and accept the stipulations outlined in this section and confirm that they understand the boundaries and responsibilities associated with this feature.

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10.8 User Accountability and Responsibilities

 

a) Users are responsible for adhering to the usage guidelines and agreements related to each feature.

 

b) Users ensure they have the legal rights to submit content and do not infringe upon third-party intellectual property rights.

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10.9 Modifications and Discontinuation

 

‘ME’ retains the right to modify, enhance, or discontinue any feature or aspect of the App(s) without prior notification or liability to users.

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10.10 Data and Content Management

 

Users accept that all submitted content becomes the property of 'ME' and can be utilised for promotional, marketing, and other purposes without further consent or remuneration.

 

10.11 Disclaimer of Warranties

 

(a) Users acknowledge that use of the App(s) is at their own risk and that features may not operate error-free or without interruption.

 

(b) ‘ME’ does not assure the accuracy of translations, playback features, or any user-generated content and is not liable for any resultant miscommunications or misunderstandings.

 

11. UTILISING THE ME BUSINESS PORTAL WEBSITE

 

11.1 Acceptance of Terms:

 

By accessing and using the ME Business Portal Website, account owners and users with relevant permissions signify acceptance and agreement to adhere to these terms, inclusive of any modifications, and are thus bound by law to comply. This applies to all users, whether utilising free or paid services and whether acting individually or on behalf of an entity.

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11.2 ‘My ME App’ Customisation & User-Generated Content

 

ME Business account owners and users with relevant permissions may upload business/company logos, select three (3) interface colours, and submit custom app icons, under the understanding that:

 

a) The ME Business account owner or users with relevant permissions guarantees they possess legal rights to use and distribute all uploaded content.

 

b) A non-exclusive, royalty-free license to utilise uploaded content for service provision and/or related marketing efforts is granted to ME Business.

 

11.3 ‘My User Lists’ User and Client Management

 

For managing your ME Business users, employee and client lists:

 

a) Employee or Client user data, including but not limited to, name, email, mobile, department, client type and job title, will be utilised for service provision.

 

b) ME Business account owners and users with relevant permissions grant explicit permission for data usage and take on the responsibility to manage and oversee their employee and client lists.

 

11.4 Client and Employee Permissions and User Roles

 

Employees within the ME Business platform can be granted specific permissions and roles, wherein clients will have limited permissions or access to ensure privacy, and employees may have broader access to facilitate service management. ME Business account owners and users with relevant permissions accept that they bear the responsibility for managing, assigning, and overseeing roles and permissions, ensuring the safeguarding of sensitive information and user data.

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11.5 Sales & Promotions Management:

 

The Sales & Promotions feature facilitates short-term access provision of your ME Business app to potential clients via the utilisation of Client Trial Licenses, whereby distinct mechanisms and obligations come into effect:

 

a) Client Trial Licenses Procurement and Utilisation:

 

i. Acquisition: Client Trial Licenses, available for purchase through the platform, grant limited-term access to your ME Business app to prospective clients, permitting them a trial of your ME Business App before considering a sustained engagement.

 

ii. Utilisation: ME Business account owners and users with relevant permissions, contingent on their permissions, may enlist trial clients to a dedicated list, with each addition depleting the acquired license tally accordingly.

 

iii. Data Management: Information requisitioned and utilised for trial clients encompasses first name, last name, email, mobile, and client type.

 

iv. Additional Purchases: Additional client trial licenses can be purchased at any point by the ME Business account owner and users with relevant permissions. These acquisitions are deemed final and are non-refundable.​
 

b) Client Trial License - Financials and Earnings:

 

i. Agreement on Terms: The duration, pricing, and potential earnings percentage pertaining to Client Trial Licenses are subjects for negotiation between ME and the ME Business User.

 

ii. Renewals and Earnings: Upon the expiration of a Client Trial License, should a client opt for a full-term subscription, the initial payment for renewal is remitted by the client directly to ME. Subsequently, the ME Business Account owner is allocated a predetermined percentage of earnings, based on the full renewal price of the client subscription, as was agreed upon during initial negotiations. Earnings disbursements are executed within a 60-day window, credited to the ME Business Account owner’s bank account.

 

iii. Accuracy of Bank Details: ME disclaims all responsibility for the accuracy of bank details provided by the ME Business account owner or users with relevant permissions. The onus of ensuring accurate and up-to-date banking information resides with the ME Business user, and no liability for erroneous transactions arising from inaccurate data shall be assumed by ME.

 

c) Obligation and Liability Caveats:

 

i. Adjustments: Any desired amendments or adjustments to the initially agreed upon terms for Client Trial Licenses following confirmation necessitate a renegotiation procedure involving the ME team.

 

ii. Liability: ME asserts no liability for financial discrepancies, potential losses, or disputes arising from the management or usage of the Client Trial Licenses, including but not limited to, the allocation of licenses, client interactions, and financial transactions.

 

d) Amendments and Notification of Changes:

 

i. ME reserves an unequivocal right to modify, append, or excise portions of these terms at any juncture. Continuous utilisation of the ME Business Portal Website, post any alterations, denotes the user’s implicit agreement to these changes and revisions. Users are encouraged to periodically review these terms to remain apprised of any updates.

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11.6 Noticeboard and Content Liability

 

Utilising the Noticeboard functionality on the ME Business app implicates adherence to the ensuing terms and content liability clauses:

 

a) Content Posting and Visibility

 

i. Usage: ME Business account owners and users with relevant permissions may post textual content, images, or videos to the Noticeboard on the ME Business app, subject to these terms and conditions. The posted content shall be accessible to their specified audience, which may comprise employees or clients, per the user's settings and permissions.

 

ii. Content Visibility: ME Business account owners and users with relevant permissions, can access and view data of employees or clients who have viewed each specific post posted via the app.

 

b) Content Liability and User Responsibility

 

i. Absolution of ME's Liability: ME unequivocally absolves itself from liability concerning any content posted by ME Business account owners and users with relevant permissions on the Noticeboard, including but not limited to offensive, inappropriate, or unlawful content. ME does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted via the Noticeboard by the business using the ME Business version of the app for their employees and or clients.

 

ii. User Accountability: Me Business account owners and users with relevant permissions are hereby declared to bear sole responsibility for the content they post on the Noticeboard. This encompasses adherence to applicable laws and regulations, and respect for the rights of others, including intellectual property, privacy, and data protection rights. Me Business account owners and users with relevant permissions shall not post content that is hateful, harmful, racially or ethnically offensive, or that constitutes bullying or harassment.

 

c) Infringements and Remedial Actions

 

i. Violation of Terms: Should any posted content violate these terms, infringe upon the rights of others, or be subject to legal challenge, ME reserves the right, though not the obligation, to remove or refuse to distribute any posted content through the Noticeboard and to suspend or terminate ME Business account owners, users with relevant permissions and all other users or reclaim usernames without liability to you.

 

ii. Damage Claim: In the event that another user or a third party initiates a claim or legal proceedings against ME for content posted by the Me Business account owner or users with relevant permissions on the Noticeboard, the ME Business user agrees to indemnify and hold ME harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

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d) Review and Reporting System

 

i. Reporting Inappropriate Content: While ME is not obligated to monitor the content posted on the Noticeboard, a reporting mechanism will be made available for users to report any offensive or inappropriate content, to facilitate maintaining a respectful and lawful user environment.

 

ii. Revoking Access: ME maintains the right to revoke or restrict user access to the Noticeboard for violating these content posting terms.

 

e) Amendments to Noticeboard Terms

 

ME reserves the right to amend, revise, or update these Noticeboard terms and conditions at any time and encourages users to periodically revisit this section to stay informed of any changes.

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11.7 Statistics: Usage of Statistical Data

 

The ME Business app endows users with statistical insights, derived from user and client activities within the application, subject to the following terms:

 

a) Anonymity and Data Privacy

 

i. Preservation of Anonymity: While providing statistical insights, ME assures that identifiable user data, inclusive but not restricted to names and emails, will remain anonymous in reported statistical data to uphold privacy.

 

ii. Data Utilisation: When users engage with the ME Business app, specific statistics will be generated and made accessible to account owners and users with relevant permissions. Such statistical insights may encompass: Total Active Employees, Retention Rate, App Sessions, Total Posts, Post Views, Interaction Rate, Quotes Saved, Most Popular Quote Category, Articles Read, Body & Mind Content Saved, Business Playlists, Team Goals Set, Achieved Team Goals, Overall Mood Rating, and Mood Distribution, while ensuring that identifiable information remains confidential.​

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b) Limitation of Liability for Decision-making

 

i. Disclaiming Accountability: ME expressly disclaims any liability arising from decisions made or actions taken based on the statistical data provided. This includes, but is not limited to, business decisions, strategic planning, and resource allocation.

 

ii. Data Accuracy: While ME endeavours to provide accurate and up-to-date statistical data, ME does not warrant the completeness, reliability, or accuracy of such data and shall not be held liable for any outcomes derived from reliance on this data.​

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c) Informed Consent and User Agreement

 

i. Consent to Data Use: By utilising the ME Business app, users are presumed to accord their explicit consent that certain anonymised and non-personal statistical data will be shared with account owners and or users possessing the necessary permissions.

 

ii. Data Use Purpose: This statistical data is intended to facilitate informed business decision-making and to enhance user experience and engagement with the ME Business app. It is not to be exploited for unauthorised or unlawful purposes.​

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d) Modifications and Notifications

 

i. Adjustments to Data Usage Terms: ME reserves the right to amend or modify the terms relating to the usage of statistical data at its discretion. Users are urged to periodically review these terms to remain abreast of any alterations.

 

ii. Notification of Changes: ME shall endeavour to notify users of any significant changes to the terms of statistical data usage through applicable channels, although it is ultimately the user's responsibility to stay informed of these terms.

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11.8 Surveys and User Feedback

 

a) Creation and Dissemination of Surveys:

 

i. Survey Creation: Surveys can be easily crafted and deployed by the account owner or users granted specific permissions, enabling the solicitation of feedback directly through the ME platform to either employees or clients, or both.

 

ii. Survey Types: ME permits the formation of diverse surveys, encompassing Ratings Surveys, Satisfaction Surveys, Yes/No Surveys, and User Feedback Surveys, to facilitate varied modes of user interaction and feedback.​

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b) User Data and Anonymity:

 

i. Consent to Data Sharing: Users acknowledge and agree that submitting a survey, wherein the anonymity setting is disabled, implicates the sharing of their first name, last name, email, and mobile with the survey issuer.

 

ii. Anonymity Option: Survey issuers can opt to generate surveys where responses are either anonymous or non-anonymous, contingent upon the preference and intention of the survey.​

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c) User Consent and Liability:

 

i. Explicit Consent: ME ensures users are aware that their participation in surveys and the provision of feedback, especially where personal data is involved, is wholly voluntary and subject to their explicit consent.

 

ii. Data Use Disclosure: Users must be apprised of the intention behind collecting their data through surveys, ensuring transparency and adherence to data protection norms.​

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d) Responsibility and Outcomes of Surveys:

 

i. Absence of Liability: ME expressly disclaims responsibility for the outcomes, feedback, or any repercussions ensuing from surveys disseminated via the platform.

 

ii. Data Interpretation: ME shall not be held accountable for the interpretation, application, or misuse of the data collected through surveys by users or third parties.

 

iii. Outcome Management: The responsibility of managing feedback, responses, and any actions or decisions emanating from the surveys squarely rests with the survey issuer, and ME maintains a neutral stance concerning the same.​

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e) Regulatory Compliance:

 

i. Data Protection Adherence: Survey issuers are mandated to comply with applicable data protection laws and regulations concerning the collection, processing, and management of user data through surveys.

 

ii. Legal and Ethical Compliance: Surveys must be constructed and conducted in a manner that adheres to pertinent legal and ethical guidelines, safeguarding the rights and interests of participating users.

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11.9 Chat, Communication, and Permissions

 

a) Chat and Communication Facilitation:

 

i. User Interaction: ME offers chat functionalities, enabling interaction among employees and clients, whereby:

 

ii. Employees, subject to requisite permissions, may initiate 1-on-1 or group chats with other employees or clients.

 

iii. Clients, accorded with necessary permissions, may initiate 1-on-1 or group chats with other clients or employees.

 

b) Permissions and Accessibility:

 

i. Managed Permissions: Chat and communication access and permissions within ME are diligently managed, ensuring that:

 

ii. Only ME Business account owners and/or users with relevant permissions can initiate and participate in varied chat formats.

 

iii. All user interactions are conscripted by the permissions granted, safeguarding against unauthorised communication access.

 

c) Security and Encryption:

 

i. Communication Security: ME commits to deploying robust encryption methodologies, endeavouring to secure all communications within the platform against unauthorised interception and access.

 

ii. User Obligation: Users are obligated to maintain the confidentiality of their communication and access credentials, safeguarding against unauthorised access.

 

d) Liability and Responsibility:

 

i. Content Liability: Users hereby acknowledge that they bear absolute responsibility for the content they disseminate through chats, ensuring it adheres to all applicable legal and ethical guidelines.

 

ii. Security Liability: While ME endeavours to fortify communication security, it shall not be held liable for unauthorised access, data breaches, or any consequential damage resulting from user negligence, such as mishandling of credentials.

 

iii. Oversight Responsibility: Me Business account owners and users with relevant permissions are entrusted with the responsibility to manage, moderate, and oversee chat communications and content, ensuring compliance with applicable laws and platform guidelines.

 

e) Legal and Ethical Compliance:

 

i. Compliance Adherence: Users must ensure that all chat communications, both in content and intent, adhere scrupulously to legal, ethical, and platform-established norms, prohibiting the dissemination of harmful, offensive, or unlawful content.

 

ii. Report and Rectification: Users are encouraged to report any violations, inappropriate content, or security concerns promptly, facilitating timely intervention and rectification by ME.

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f) Data Protection and Privacy:

 

i. Privacy Adherence: All chat functionalities must adhere to pertinent data protection and privacy laws, safeguarding user data and communication privacy.

 

ii. Data Use Disclosure: Users must be apprised of, and consent to, any data processing, storage, and usage practices associated with chat functionalities, in alignment with applicable data protection norms.

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11.10 Limitation of Liability and Warranties

 

ME shall not be held accountable for any outcomes or consequences arising out of the application of various features and usage of the ME Business Portal Website. No warranties or guarantees are offered regarding uninterrupted service, data accuracy, or data protection, and users agree to accept the services “as is”.

 

11.11 Amendments and Changes

 

ME reserves the right to modify, amend, or replace these terms at any time. Continuous use of the ME Business Portal Website signifies the user's agreement to such changes. Regular review of these terms is advised to stay informed about any updates.

 

12. ACCESS CREDENTIALS AND USER RESPONSIBILITY (Applicable to ME Business Users)

 

12.1 Account Accessibility:

 

a) Business Users: When becoming a member, business users will utilise an assigned 'Access Code' along with their created password for account access.

 

b) Account Owner: Conversely, the account owner will employ their registered email and corresponding password for access.

 

12.2 Password Criteria:

 

a) Complexity Requirements: Passwords must:

b) Be composed of a minimum of 6 and a maximum of 15 characters.

c) Include at least one uppercase letter, one lowercase letter, and one numeral.

 

12.3 User Accountability and Limitation of Liability:

 

User Obligations: Users hold full responsibility for:

 

Prudent selection and safeguarding of their password and, where applicable, access code or email.

 

Liability Disclaimer: The ME App, its affiliates, directors, shareholders or related entities are exempt from liability resulting from:

 

a) Unwise or unsuitable choice of access code, email, or password.

b) Failure to periodically update the password.

c) Non-disclosure to the ME App concerning suspected identity theft in a timely manner.

d) Non-secure storage or sharing of access credentials.

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13. ACCESS AND RESTRICTIONS

 

13.1 Potential Limitations to App Accessibility:

 

Occasional Service Interruptions: Users acknowledge that access to the ME App may be occasionally limited or unavailable due to:

 

a) Maintenance and/or repair activities.

b) System upgrades or enhancements.

c) Server downtime or malfunction.

d) System failures.

e) Software corruption or operational issues.

 

13.2 Exemption from Liability for Inaccessibility:

 

Absence of Liability: ME App is not liable for any losses, damages, or inconveniences endured by the user owing to intermittent inaccessibility or interrupted service for the reasons mentioned in Section 13.1.

 

13.3 Ethical and Legal Use Compliance:

 

Adherence to Lawful and Ethical Conduct: Users are to utilise the ME App in a manner that aligns with applicable laws, ethical standards, and the stipulated guidelines, whilst avoiding any actions that might jeopardise the security, functionality, or reputation of the ME App.

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14. USER OBLIGATIONS WHILE USING ME

 

14.1 Binding Agreements on User Conduct:

 

a) Anti-Spam Commitment: Unauthorised commercial communications, including spam, shall not be posted or transmitted to other users.

 

b) Malware-Free Assurance: Users are prohibited from uploading viruses or any malicious software.

 

c) Content Respect: Collection of User Content via electronic or other means without ME's written consent is strictly forbidden.

 

d) Account and Content Security: Hacking or unauthorised access to accounts or content is strictly prohibited.

 

e) Anti-Trolling Policy: Trolling or harassment towards any ME users will not be tolerated.

 

f) Automation Restriction: Except for authorised RSS feed access, the use of robots, spiders, scrapers, or other automated means to access the site/app without express permission is prohibited.

 

g) Infrastructure Consideration: Users will avoid actions that impose an unreasonable or disproportionately large load on ME's infrastructure or attempt to disrupt the website or app.

 

h) Safety Obligation: Engaging with the app/website while operating motorised transport or machinery is strictly forbidden to ensure user safety and compliance with local laws.

 

i) Undivided Attention: Ensure that using the ME app/site does not distract from ongoing activities, jeopardising your safety or focus. This includes but is not limited to operating mechanical equipment of any nature, running or exercising where there may be obstacles around or any other circumstance where you may be distracted.

 

j) Responsible Care: The app/site must not be used in a manner that neglects the care of children, elders, disabled individuals, or pets left in your attention.

 

k) Physical Safety Precaution: Do not navigate, exercise, or move in potentially hazardous ways while using the site to ensure your safety and the safety of others.

 

l) Credential Confidentiality: Passwords and login information must remain confidential to prevent unauthorised access and potential misuse of your account.

 

m) Legal Compliance: Users must ensure their activity complies with applicable local, state, national, and international laws and regulations.

 

n) Authentic Identity Assurance: Creating accounts under false pretences or impersonating another entity is strictly prohibited.

 

o) Prohibited Unauthorised Access: Any attempts to hack, data mine, or gain unauthorised access to any part of ME, user information, or underlying servers/networks is strictly forbidden.

 

p) Data Safety Acknowledgment: While ME employs stringent data protection protocols, absolute safety of shared information cannot be guaranteed.

 

Users are implored to prioritise safety and legal adherence in their interactions and activities on the ME platform. Violations of these obligations may result in account suspension, termination, and possible legal action.

 

15. EXPECTATIONS FROM ME USERS

 

15.1 Respect for User Rights and Content:

 

a) ME retains the right to remove content that, in our perspective, infringes upon another user's rights, in adherence with our commitment to providing a safe and respectful user environment.

 

15.2 Privacy and Personal Information:

 

a) Gathering, using, or attempting to discover the personal or sensitive information of other users, whether of a personal or financial nature, is strictly prohibited, in accordance with prevailing data protection laws.

 

15.3 Intellectual Property Respect:

 

a) Users are strictly prohibited from infringing upon the intellectual property rights of other users, companies, or entities as mandated under the various clauses as stated within this document outlining the expected adherence to intellectual property respect and related user obligations.

 

15.4 Account Termination Rights:

 

a) ME maintains the right to delete or suspend any user account, which is suspected or found to be infringing upon the rights of other individuals or entities, ensuring a robust protective mechanism against potential intellectual property infringement or other rights violations.

 

15.5 Obligations of Invited Users on the ME Business Platform:

 

For users invited to access the ME Business platform by businesses, including employees and clients: By using the platform, you acknowledge and agree not only to adhere to these Terms and Conditions set forth by ME, but also to recognise and comply with the Terms and Conditions laid down by the inviting Business/Company. This applies particularly to those accessing a version of the ME Business platform specifically tailored for that business entity.

 

16. YOUR ACCOUNT SECURITY AND REGISTRATION

 

16.1 As a user of ME you are providing us with your personal information. All users are required to warrant and guarantee the following:

 

a) You will only provide true information when you are creating your account and you will keep your information current.

 

b) You will not create an account in the name of any other person or use any other person’s information in creating an account which you control.

 

c) If ME has deleted or restricted your account, you will not create another account in your name or alternative name without the consent of ME.

 

d) You will not transfer your account to anyone without ME’s written consent. You also acknowledge and agree that should you transfer your account without our consent, you will be held responsible for any activities, whether criminal or otherwise, of that account.

 

e) Should a dispute arise about a user name that may be subject to copyright or trade mark breach, we reserve our right to delete this name or suspect or terminate the account.

 

17. YOUR PRIVACY

 

17.1 ME is an organisation that respects and values your privacy and agrees to use all reasonable endeavours to keep your private and personal information safely and securely stored at all times to avoid misuse, loss, unauthorised access, modification or disclosure and handle your private and personal information in an appropriate manner.
 

17.2 ME gathers information in accordance with Me’s Privacy Policy, our obligations under the Privacy Act 1998 (Cth) and the additional rights provided to Users located in the European Union (EU) under the General Data Protection Regulations (GDPR).

 

17.3 View our Privacy Policy, please click here.

 

18. COOKIES
 

18.1 From time to time, ME may use Cookies to us learn more about how you use the ME App and make it easier for you to use the App on return visits.  Please read our Cookies Policy here.

 

19. UPDATES
 

19.1 ME will continue to ensure that we provide our users with the best service and experience possible.  From time to time we will need to make amendments to our services or Terms and Conditions or Policies (Updates).  We will notify you of Updates from time to time. You will have the opportunity to read these and accept them in order to continue using our services.
 

19.2 ME recommends you carefully read, each time you visit the website, the Terms and Conditions as they may affect your rights.
 

19.3 In addition, ME may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
 

19.4 Updates may modify or delete certain features and/or functionalities of the Application. You agree that ME has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
 

19.5 You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
 

20. USE OF APIs & SDKs
 

ME utilises APIs and SDKs to facilitate sign-ins to ME using credentials from various social media platforms, including but not limited to Facebook, Instagram, LinkedIn, TikTok, and others we may integrate with in the future.

 

An application program interface (“API”) confirms your credentials and ensures authentication, allowing you to access the ME App without sharing your actual login details directly with ME.

 

In relation to the platforms mentioned and others we may adopt, ME uses the API to connect with these platforms, gathering and exchanging data about users. This information might include attributes such as device type, operating system, OS or Android version, time zone, carrier, device screen dimensions, processor type, available disk space, and other related “User Data”.

 

A software development kit (“SDK”) aids ME in monitoring and analysing user actions within the App. This tool facilitates ME's interaction with external apps and platforms like Facebook, Instagram, LinkedIn, TikTok, and more. SDKs empower ME with robust tracking capabilities, giving us access to analytics, data trends, and precise insights about user interactions. This, in turn, allows us to refine and improve the user experience.

If you opt to use platforms like Facebook, Instagram, LinkedIn, TikTok, or any other integrated platform to log into ME, you are also bound by the terms, privacy policies, and any supplementary terms of those platforms.

 

By accepting these terms and conditions, you acknowledge and consent to ME's utilisation of APIs and SDKs. If you disagree with ME sharing your User Data with these social media platforms or have concerns about any future integrations, please reach out to ME via the communication methods provided, or consider uninstalling the App from your device.

 

21. OMISSIONS AND ERRORS
 

21.1 Whilst ME makes every effort to ensure the accuracy of the ME App’s content, you acknowledge that periodically omissions or errors may appear in relation to some content of ME App. If you believe that an error or omission exists on the ME App, we kindly request that you immediately notify us of the error or omission.
 

21.2 You acknowledge and agree that ME is not in any way liable to you for any direct or indirect loss, damage, cost or expenses suffered or incurred by you as a result of any error or omission appearing on the ME App.
 

22. INDEMNITY
 

22.1 You agree to indemnify and hold harmless ME and its related corporations, affiliates and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with:
 

a) your use of and access to the ME App;

b) your violation of any term of these Terms and Conditions; and

c) your violation of any third party right, including without limitation any copyright, property, or privacy right.

 

23. TERMINATION
 

If you breach these Terms and Conditions or create a risk to ME or other users of the ME App, or do anything unlawful on the App, we will notify you by email and disable or terminate your access to the App. If we terminate your access to the ME App all of your obligations under the various clauses as stated within this document herein remain in force.

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23. GENERAL
 

These Terms and Conditions of Use constitute a legally binding agreement between you and ME concerning your use of the ME App. These Terms and Conditions of Use are governed by the laws of the State of Victoria and all Federal laws of Australia. Any claim or dispute between you and ME that arises in whole or in part from the ME App will be decided exclusively by a court of competent jurisdiction located in the State of Victoria. 
 

24. SEVERABILITY
 

If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
 

25. WAIVER
 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
 

26. CONTACT US
 

We are here to help you enjoy your experience using the ME App.

 

Should you have any questions concerning ME, these Terms and Conditions or any other policy, please feel free to contact us at:

 

On Point Holdings Pty Ltd (Me)

C/:- PO Box 644

Carlton South VIC Australia 3053

Email: support@memotivationapp.com