App Terms and Conditions
Welcome to reGen! We provide personalised readings (Services), as set out in more detail on our website (Site).
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. When we say we, us, or our, we mean REGEN-CODES PTY LTD (ABN 87 689 909 297).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
- our privacy policy (on the Site) which sets out how we will handle your personal information;
- clause 2.3 (Variations) which sets out how we may amend these Terms;
- clause 4 (Fees) which sets out important information about payments and Subscriptions, including whether you can cancel your Subscription to access the Services and whether any of the Subscriptions auto-renew; and
- clause 10 (Liability) which sets out exclusions and limitations to our liability under these Terms.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
Disclaimer
Our Services are provided for entertainment and general information purposes only and do not constitute medical, psychological, financial, legal, or any other professional advice. The advice and information provided through our Services is provided for informational purposes only. These astrological interpretations are not factual predictions or guarantees of future events. You should not rely on our readings to make important decisions regarding your life, finances, legal matters, medical concerns, or relationships. We make no guarantees or warranties regarding accuracy, outcomes, or results.
You acknowledge and agree that we may use artificial intelligence (AI) technology to provide the Services. While we take reasonable steps to ensure accuracy, AI technology has inherent limitations and may produce errors, inaccuracies, or incomplete information. We accept no liability, and you waive and release us from any Liability arising from your reliance on any AI-generated content we may provide you through our Services. You understand that AI-generated content should not be relied upon without appropriate human review, and it is your responsibility to independently verify, evaluate and validate any information provided.
Engagement and Term
These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only (which may be suspended or revoked in accordance with these Terms).
Subject to your compliance with these Terms, we will provide you with access to the Services.
We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services. If you have paid upfront for recurring access to any of the Services through a Subscription (excluding one-time purchases) and you would like to cancel them, please contact us in writing within 30 days of receiving notice to cancel that recurring access and we will issue you a pro-rata refund for such Services.
Account
You must sign up for an Account in order to access and use the Services.
You must be at least 18 years old to create an Account or use the Services. By creating an Account, you represent and warrant that you are at least 18 years old. If we become aware that you are under 18 years old, we may suspend or terminate your Account and access to the Services.
While you have an Account with us, you agree to:
- keep your information up-to-date (and ensure it remains true, accurate and complete);
- keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
- notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
If you close your Account, you will lose access to the Services.
Fees
You can access our Services by purchasing a subscription (Subscription). You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).
We may offer free trials for Subscriptions. At the end of the free trial, you will either begin to be charged for the Subscription or lose access to it (unless you subscribe), as specified in the trial offer you sign up to.
Details of your Subscription, including features, limitations, fees and billing cycles (for Subscriptions) are set out on our Site. You will be billed on a regular basis, as set out on our Site, at the beginning of each billing cycle.
Our payments methods will be set out at the time you purchase the Subscription via the app stores billing processes.
Deleting or closing your Account does not automatically cancel any Subscription purchased through the Apple App Store or Google Play Store. If you purchased your Subscription through the Apple App Store or Google Play Store, you must cancel that Subscription directly through your Apple ID or Google Play account settings to stop future billing. We do not have the ability to cancel or refund Subscriptions billed through the Apple App Store or Google Play Store on your behalf, and you should contact Apple or Google directly for any billing issues relating to your Subscription.
You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means.
If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may suspend your access to the Services.
You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
Licence
While you have an Account, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.
You must not:
- interfere with the Services, or any other person's use of the Services;
- introduce any viruses or other malicious software code into the Services;
- use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
- access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
Availability, Disruption and Downtime
While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.
Intellectual Property and Data
We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
- supply the Services to you;
- improve, develop and protect the Services; and
- send you information we think may be of interest to you based on your marketing preferences.
You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
If you do not provide Your Data to us, it may impact your ability to receive the Services.
This clause 7 will survive the termination or expiry of these Terms.
Confidential Information and Personal Information
While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information.
However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
You must only disclose Personal Information to us if you have the right to do so (such as having the individual's express consent).
We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
This clause 8 will survive the termination or expiry of these Terms.
Consumer Law Rights
In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
This clause 9 will survive the termination or expiry of these Terms.
Liability
Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
- neither we nor you are liable for any Consequential Loss;
- a party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was contributed to by the actions of the other party, including any failure by the other party to mitigate its loss;
- our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability, or if you have not paid for the Subscription, to AU$500.
This clause 10 will survive the termination or expiry of these Terms.
Notice Regarding Apple
To the extent that you are using or accessing the Services on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Services and any content available on the Services.
Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Suspension and Termination
Suspension
We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.
Termination
We may terminate these Terms (meaning you will lose access to the Services, and any Subscription will be cancelled) if:
- you fail to pay your fees when they are due;
- you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
- you breach these Terms and that breach cannot be remedied; or
- we decide to discontinue the Services, in which case we will provide you with at least 90 days' written notice and if you have paid upfront for ongoing access to any of the Services (excluding one-time purchases) we will issue you a pro-rata refund for such Services.
You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 13.6), and if you have purchased a Subscription, termination will take effect at the end of your Subscription period.
Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
Termination of these Terms will not affect any other rights or liabilities that we or you may have.
This clause 12 will survive the termination or expiry of these Terms.
General
Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute.
Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
Governing law: These Terms are governed by the laws of New South Wales.
Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
Notices: Any notice you send to us must be sent to support@regen-codes.com. Any notice we send to you will be sent to the email address registered against your Account.
Definitions
In these Terms:
Account means an account accessible to the individual or entity who signed up to the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Services means the services we provide to you, as detailed at the beginning of these Terms.
Your Data means the information, materials, and other intellectual property or data supplied by you when using the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services.