END USER LICENCE AGREEMENT (EULA), TERMS AND CONDITIONS OF THE OXIL SOFTWARE & APPLICATIONS

These terms and conditions were last updated 27^th August 2024 and is effective of 27th August 2024, for current users and upon acceptance of new users.

Welcome to Oxil. We are committed to providing innovative software and applications that are quick, easy and insightful. We hope you enjoy your experience using our current applications.

THESE ARE THE TERMS AND CONDITIONS (Terms) ON WHICH Oxil Pty Ltd (Oxil), ABN 69 160 018 351 OFFER YOU ACCESS TO OUR WEBSITE, APPLICATIONS “(Oxil Software and Applications)” and SERVICES (Our Services). For Clarity, we will refer to them collectively as (Oxil Services).

You must read carefully and agree to accept these terms and conditions before you continue to use Oxil Services. If you continue to use Oxil Services, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy, to govern Our relationship with you in relation to this website or application.

We may, at Our sole discretion, amend or revise these terms and conditions at any time by updating the text of this page. You are bound by any such amendments or revision and should therefore visit this page periodically to review. All registered Users will be notified of any amendments to our terms and conditions sent to the email address provided by the User to Oxil.

Definitions

Definition of words and phrases.

Agreement - means this agreement, comprising the terms and conditions set out in this document. All other agreements provided on this site will be referred to in full.
Our Services - means all products and services developed by Oxil including Pulse, Challenger and Supporter products.
User – means anyone who gains access or interacts with Oxil Services.
Content - Content is what shows up on a User’s display and when accessing our Services. User-Generated Content is any Content that is created by you or other users.
Organisation – Any Organisation who has agreed to an Oxil Licence Agreement to access and user Oxil Services.
Personal Data - is information that can be used to identify Users, directly or indirectly, alone or together with other information.
Activity Tracking Services - Services aimed at tracking Users physical movements and sleep activity.
App Provider – Applications are available from Google Play and Apple Application Stores
Platform Data - means data entered by Users into the Platform, specific to the Organisation, to which Users are provided access pursuant to the Program or data which may otherwise be generated, compiled, arranged or developed using the Platform.

User Agreement – Who can use Oxil Services

To use this Platform or Application you must first read and agree to accept all of the terms and conditions contained in this Agreement and those set out in Our Privacy Policy before you continue to browse or use this Website.

This Individual User Agreement shall override any contrary terms or conditions published by Us or appearing on our Website pertaining to Users.

Oxil welcomes users of all ages. If you are under the age of 13 your parent or guardian must agree to all terms and conditions before you are able to register.

We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and consent process. If you are over the age of 13 and register as a User we enable you to access and use Our Services. If you are under the age of 13, you may only register under the supervision of a parent or guardian.

When registering you must ensure your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and not in breach of any of Our policies. You may not use a term that could be confused with someone else's trademark or brand, unless you have authority from the trademark owner. You may not use a User ID that represents an email address or web site address (URL).

We in our absolute discretion reserve the right to refuse, suspend or terminate the registration of any User without notice or compensation.

2.2 Parent/Guardian

As a parent or guardian of a child under 13, you must verify that you are the parent or guardian of the child and to consent to the creation of a User account with Us for the child. Upon receipt of both parental verification and consent we will enable you to create a User account with Us for the child. If you are unable to consent to a child’s access to and use Our Services or do not verify your consent through the registration process, We will bar that child’s registration for a User account, prevent the child’s access to and use of Our Services and ensure that such child’s information is not accessible through the Platform.

As a parent or guardian you must agree to this Agreement together with our Privacy Policy.

2.3 User Accounts

Users may need to create an account to access Oxil Services, and it's important that the information associated with your account is accurate and up-to-date (particularly your email address - if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify Oxil right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.

2.4 Service Updates, Changes and Limitations

Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don't install the updates.

The Services change frequently, and their form and functionality may change without prior notice to you.

We may provide updates (Updates) (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features.

Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates.

We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.

CUSTOM END USER LICENCE AGREEMENT (EULA)

2.5 Mobile Application License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes.

2.6 App Stores

If you download our applications from a third-party app store (app provider) you acknowledge and agree that:

The Terms are an agreement between us, and not with the App Provider;
The App Provider has no obligation to provide any maintenance and support services with respect to the Oxil applications;
The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
You must also comply with all applicable third-party terms of service when using the applications.

2.7 External Services

The Licensed Application may enable access to Oxil and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Oxil is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.

Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Oxil or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Oxil or any third party.

You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Oxil is not responsible for any such use.

External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Oxil reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

2.8 No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OXIL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OXIL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

2.9 Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OXIL BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF OXIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall Oxil’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

2.7 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by Oxil and should not be relied on without independent verification.

In particular, Oxil Services nutritional database ("Nutritional Database") contains a combination of nutritional information entered from NUTLAB (Food Standards Australia ans New Zealand) and Oxil members. Please be advised that nutritional information in the Food Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information.

Oxil does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information.

To the extent permitted by applicable law, under no circumstances will Oxil be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring any nutritional information in the Food Database is accurate, complete and useful.

2.8 Not Medical Advice

We aim to provide useful general information for our community, not professional medical advice. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury.

To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label.

To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

2.9 Accuracy

The Services are intended to provide you with information to encourage you to support your wellness and fitness activities. Some of the Services are aimed at tracking your physical movements and sleep Actvity Tracking Services.

These Activity Tracking Services rely on sensors and/or GPS functionality that track your movement or body at rest. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, sleep, speed, distance, or Kilojoule data. By using Activity Tracking Services, you acknowledge and agree that Oxil is not responsible or liable for any inaccuracy in such data.

2.10 Consent to Use of Data and Information About Your Personal Data

You agree that We may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

We collect data about Users, Users devices, and User interaction with our Services. Personal Data is information that can be used to identify a User, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, location, device IDs, certain cookie and network identifiers, and "Fitness and Wellness Data."

Oxil collects, uses, discloses and processes Personal Data including to operate and improve the Services and our business; for advertising and marketing; and to provide you with innovative fitness and wellness services.

We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is for identifying trends and outliers. We only disclose your personal data to the Organisation you register with and do not share your personal data with third parties.

2.11 How We Collect and Use Personal Data

We collect your Personal Data in a number of ways and for various purposes, including:

When a User register for an account or interact with our Services.
When a User input Fitness, Wellness or Survey Data within our Services or use our Services that collect or infer such data from mobile device sensors.
When a User use or interact with a wearable or other connected device.
When a User gives us permission to collect Location Data.
When a User communicates with us or sign up for promotional materials.
When a User connects with us through social media.
When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies.

2.12 Data Retention

We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Where we no longer need to process your Personal Data for the purposes set out in this Policy, we will delete your Personal Data from our systems. Where permissible, we will also delete your Personal Data upon your request. If you have questions about our data retention practices, please contact us at connect@oxil.io

OXIL GENERAL TERMS AND CONDITIONS

All Applications, Platform or Websites are powered by Oxil Software Services.

In the case where Oxil partners with an Organisation generate behavioural insights via provide digital services. As a general proposition, Oxil accepts no liability whatsoever for the actions of Organisations or Users on this platform. The Organisation has authorised Oxil to collect, manage and keep user data secure.

3.1 Fees

All fees and the distributions of funds are co-ordinated between Oxil and the Organisation. Should you have any questions regarding fees please contact the Organisation directly.

3.2 Credit Card Payments

Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Organisation.

We do not store your credit card details. We utilise Stripe Payments Australia Pty Ltd payments services to make it easy and secure for you to make credit and debit card payments online.

3.3 Security Information

Data transmission over the internet cannot be guaranteed as totally secure. We do not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Oxil is transmitted at your own risk. Nevertheless, once Oxil receives your transmission, we have taken reasonable steps to protect the Personal Information we hold from misuse, interference (including computer attack), loss and from unauthorised access, modification or disclosure.

We use industry standards to protect the integrity and confidentiality of information stored by us including duplicates of all transactions in separate locations, financial institution matching and continued reviewing of our systems and procedures.

3.4 Secure Credit Card Transaction

All credit card transactions are made on an encrypted HTTPS server using the Secure Sockets Layer (SSL) transport mechanism up to 256-bit SSL encryption. We do not store your credit card details on any of our servers, and only use the most secured payment gateways to process your transactions.

3.5 Processing and Technical issues

In the event of errors in processing, application or websites downtime or any other errors or delays caused to the Platform as a result of unforeseen technical difficulties associated with our servers, data hosting centre, internet service provider or any other reason will endeavour to return the Services to normal as soon as possible.

We do not warrant to you that the services will be available at all times or at any specific times nor is it responsible in the event a transaction is not processed due to technical difficulties affecting Oxil Services function.

3.6 No Warranties

We provided Oxil Services on an "as-is" basis and the only obligations on Us are set out in this Agreement.
To the full extent permitted by law:

(a) We will be under no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of services supplied pursuant to the Services offered by Oxil Services.

(b) We give no warranty or condition, express or implied other than those expressly set out herein;

(c) We do not warrant that the functions contained in Oxil Services and the services provided will be uninterrupted or error free, that defects will be corrected, or are free of viruses or other harmful components;

(d) We do not warrant or make any representations regarding the use or the results of the use of Oxil Services; and

(e) We expressly exclude all guarantees, terms, representations and warranties that would otherwise arise or be implied by law in respect of any Item. The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and We give no warranty, expressed or implied, in connection with such facilities. To the full extent permitted by law, We will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

3.7 Privacy

When you use Our Services, you trust us with your information. We have provided details about Personal Data in this policy and written a Privacy Policy to help you understand what data we collect, why we collect in and what we do with it. For that reason we ask that you read Our Privacy Policy carefully before using our services. We are committed to complying with the Australian Privacy Principles (APP) contained within the Privacy Act 1988. SEE MORE

3.8 Copyright

Copyright of Oxil Services (including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials) is owned and operated by Us. You may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Website or Applications; or commercialise any information, products or services obtained from any part of this Website without prior written permission from Us.

3.9 Release and Indemnity

You agree to release Us from any claims, demands or damages arising from any disputes. Our services are provided without warranty of any kind either express or implied and you are aware from time to time we may not be able to provide continuous service due to reasons outside our control.

You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless against any claims or demands, losses and damages of whatsoever nature, including legal fees and costs, made against Us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using Our services. You agree to be responsible for your own actions.

General Provisions

4.1 System Integrity

You must not:

(a) Use any device, software or routine to interfere or attempt to interfere with the proper working of Oxil Services

(b) Take any action which imposes an unreasonable or disproportionately large load on the infrastructure of Oxil Services

(c) Disclose or share your password to any third parties or use his/her password for any unauthorised purpose.

4.2 Disputes

A dispute resolution process may be entered into with Us to assist to resolve a dispute however this in entered into with full adherence to this Agreement. This is achieved by contacting at connect@oxil.io .

4.3 General Compliance with Laws

You must comply with all laws and regulations and you agree not to violate the Broadcasting Services Act 1992 or the Trade Practices Act 1994 or any of The Department of Fair Trading Legislation or any other legislation, and that you are personally responsible for your activities when using the Website, AND YOU AGREE TO COMPLY WITH THE LAW AND OUR T&C AND PRIVACY POLICY.

4.4 No Agency

We are not your agent for any purpose in relation to this Agreement or your use of Our services.

4.5 No Waiver

A provision of this Agreement or a right created under it may not be waived except in writing signed by Us and any parties aforementioned in this Agreement subject to the waiver.

4.6 Partial Invalidity

If any provision of this Agreement is void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, the provision must be read down to the extent it can be to save it, but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it, but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.

4.7 Entire Agreement

This Agreement constitutes the entire Agreement in respect of the subject matter of this Agreement and supersedes all prior discussions, undertakings and deeds.

4.8 Conduct

Users are not to assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly. We do not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

We do not accept any obligation to protect you from any unsafe services that may be offered via Oxil Services. Please do not assume that such items offered will be harmless to people or property.

4.9 Notices

Except as explicitly stated otherwise, any notices shall be given by way of email. In respect to registered users, notices shall be deemed as given if sent to the email address provided by the user to the Website during the registration process or such other address as the user shall specify.

Alternatively, We may give notice to the users by pre-paid ordinary post to the address provided to Us during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.

4.10 Force Majeure

Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, act of government, strikes or labour disputes, inability to provide raw materials, power or supplies, or any other act or condition beyond the reasonable control of the party in question.

4.11 Currency

All prices are in Australian Dollars (AUD).

Governing Law & Jurisdiction

This Agreement is governed by the laws of Victoria.

5.1 Termination

We in its absolute discretion reserves the right to terminate this Agreement, your membership and your access to this Website at any time without notice. Where this Agreement is terminated, those clauses capable of surviving such termination shall do so.