Welcome to our Rockmelon Parent Edition application (the Application). These are our Terms and Conditions for use of the Application. These Terms and Conditions apply whenever you access or use the Application. By installing, accessing or using the Application you will be deemed to accept these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you must not install or use the Application.

Some of Rockmelon’s services may be subject to additional terms and conditions we specify from time to time. Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by reference.

Agreement

  1. Rockmelon Pty Ltd (ACN 616 573 954) (Rockmelon, we, us or our) is the owner of the Application and its content. We are solely responsible under these Terms and Conditions for the Application and its Content. We will provide a range of Content for use within the Application (Content). Some of the Content will be accessible only if the Subscriber pays a subscription fee.

  2. Users of the Application (you) agree to be bound by these Terms and Conditions, which may be updated from time to time. By downloading, accessing or using the Application, you agree to be bound by these Terms and Conditions, as they exist at that time.

  3. This application may only be used by users who are Subscribers or Team Members. A Subscriber is the person who pays the subscription fees and who may, optionally, create teams within the Application. A Team Member is a person who is authorised by a Subscriber to join a team established by the Subscriber within the Application. Subscribers are also Team Members. In most cases, the Subscriber will be one of the parents of a child with autism or other developmental delays. The Subscriber may invite trusted individuals who contribute to the care or education of the child to become Team Members. Depending on your role, you will either be a Subscriber or a Team Member.

  4. You may upload or create User Data using the Application. User Data means data and other information or materials uploaded or created by you or on your behalf in connection with your use of the Application (but does not include the Content supplied by us for use with the Application from time to time).

    Acknowledgement

  5. You and we acknowledge agree that these Terms and Conditions are concluded between You and us only, and not with Apple Inc. (Apple), and we, not Apple, are solely responsible for the Application and its Content. These Terms and Conditions are not intended to provide for usage rules for Applications that are in conflict with, the App Store Terms of Service as of the date you agree to these Terms and Conditions. If there is any such conflict, the App Store Terms of Service will prevail to the extent of the conflict.

    Updates and changes

  6. From time to time, we may update or change the Application, the Content, these Terms and Conditions or our Privacy Policy. We will take reasonable steps to notify you about any updates or changes. If we update or change the Application or Content, in order to use the new Application or Content you may need to download and install the new version and your device may do this automatically. By installing and using the new version, you agree to be bound by these Terms and Conditions, as they exist at that time.

  7. If we update or change the Application, the Content, these Terms and Conditions or our Privacy Policy, and the changes are not acceptable to you, you may terminate your subscription and the termination will take effect at the end of your then-current subscription period.

    Subscription fees and Content

  8. In order to use the Application and certain packages of Content, the Subscriber must pay the applicable subscription fees. Subscription fees enable access to the Application and the subscribed Content for a specified period. The subscription fees and periods are specified in the Application and on Rockmelon’s website.

  9. The Subscriber may upgrade, downgrade or cancel a subscription at any time.

  10. Subscription payments are managed by Apple through Apple’s App Store. We do not have access to your credit card information at any time.

  11. Subscription fees are not refundable, except as specified in these Terms and Conditions and as required under non-excludable applicable laws.

    If you are a Subscriber

  12. If you are a Subscriber:

    • you must be 18 years of age or older;

    • you control your subscriptions and are responsible for paying the subscription fees;

    • you have the option of creating a team of Team Members. You may create up to four teams, each having a maximum of ten Team Members;

    • you control the membership of the team and have sole control over inviting people to become Team Members and over the removal of Team Members from the team. You can add or remove Team Members at any time;

    • you can control which subscribed Content is accessible by Team Members; and

    • you can remove User Data (such as notes) entered into the Application by other Team Members.

    If you are a Team Member

  13. If you are a Team Member (other than the Subscriber):

    • you must be 18 years of age or older;

    • you are not responsible for paying the subscription fees;

    • you must be invited by the Subscriber to become a Team Member;

    • the Subscriber may remove you from the team at any time, without notice to you, and for any or no reason. If that happens, you will cease to have access to the Team’s Content and the User Data;

    • the Subscriber controls the degree to which you can access subscribed Content;

    • all User Data entered into the Application by you will be visible to the Subscriber and all other Team Members;

    • the Subscriber can remove User Data (such as notes) entered into the Application by you; and

    • all User Data entered into the Application by you will be owned by the Subscriber.

    Scope of license

  14. Subject to your compliance with these Terms and Conditions, we grant to you a non-exclusive, non-transferable, non-sublicensable license to download, install, access and use the Application and the Content for which the Subscriber has paid the subscription fee, solely for your own personal use in accordance with these Terms and Conditions and the Usage Rules set out in Apple’s App Store Terms of Service. The license is limited to using the Application on any Apple-branded Products that you own or control, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

  15. You must comply with any applicable third party terms of use associated with the use of the Application on your authorised iOS device.

    Intellectual Property

  16. All intellectual property rights relating to the Application and the Content are owned by Rockmelon or its affiliates or licensors. You acquire no rights or licenses in or to the Application or Content other than the limited right to use the Application or Content in accordance with these Terms and Conditions. All rights not expressly granted under these Terms and Conditions are reserved by us. You must not infringe our intellectual property rights and must otherwise abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in or associated with the Application or the Content.

  17. The Subscriber owns the User Data and all intellectual property rights relating to it, whether the User Data has been entered into the Application by the Subscriber or a Team Member. If you are a Team Member, you hereby assign to the Subscriber all intellectual property rights in respect of the User Data that you enter into the Application.

  18. You must not do anything with the Application or the Content that is not expressly authorised by these Terms and Conditions. Without limitation, except as permitted by non-excludable laws, you must not copy, distribute, modify, adapt, reverse engineer, decompile or disassemble the Application or the Content, or merge the Application or the Content with any other software or material.

  19. If any third party claims that the Application, or your possession or use of the Application in accordance with these Terms an Conditions, infringes that third party’s intellectual property rights (other than by reason of material you have elected to use with the Application), we and not Apple or any of our affiliates will (subject to these Terms and Conditions) be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You must provide all reasonable assistance to us in connection with that claim.

  20. No use of any of Rockmelon’s trade marks may be made without our prior, written authorization, except to identify our products or services.

  21. If you provide to us any ideas, proposals or suggestions (Suggestions) regarding the Application or the Content, you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable license, to use, commercialise, reproduce and distribute the Suggestions whether in respect of the Application, the Content or otherwise.

    Digital Millennium Copyright Act Compliance

  22. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of users that are determined by us to be "repeat infringers." A repeat infringer is a Subscriber or Team Member who has been notified by us of infringing activity violations more than twice and/or who has had a user submission removed from the Application more than twice.

  23. If you are a copyright owner or an agent thereof, and you believe that any content hosted on or through the Application infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Designated Copyright Agent with the following information in writing:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by a single notification, a representative list of such works on the Application;

    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rockmelon to locate the material;

    • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and

    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

  24. Our Designated Copyright Agent to receive notifications of claimed infringement can be reached via the contact details that appear below.

  25. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

    Use

  26. You acknowledge and agree that neither we nor the Application nor the Content provides any form of health or medical advice, treatment or service.

  27. You must not use the Application or the Content as substitute for, or inconsistently with, any therapy, treatment, medication or health service recommended by a qualified healthcare or medical practitioner. You are solely responsible for determining the applicability or suitability of any Content and for the use of the Application and Content in connection with any person.

  28. You and your healthcare professionals may wish to rely on User Data created or uploaded by you on the Application. It is your responsibility to ensure that all User Data uploaded or created by you is current, accurate and complete.

  29. You must keep your password, User Data and device secure at all times. We will not be responsible for your User Data if your password or device is lost or stolen.

  30. You warrant that you are the owner or authorised user of the User Data and you must not upload, transmit or distribute User Data which is or is likely to be:

    • abusive, obscene, offensive or indecent;

    • defamatory of any person;

    • in breach of the intellectual property rights or moral rights of any entity;

    • in breach of any obligations of privacy or confidence;

    • harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;

    • reasonably likely to result in harm to any person if used or relied upon;

    • in breach of any laws; or

    • false, misleading or deceptive.

  31. We may use subcontractors and third party service providers to assist us in providing and updating the Application, the Content, and the services provided through the Application and to store and manage the User Data.

    Your Liability

  32. You indemnify and hold us and our affiliates and their respective directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your User Data or your use of the Application or the Content.

    Our liability

  33. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAWS THAT CANNOT BE EXCLUDED. TO THE EXTENT PERMITTED BY LAW, IF WE ARE NOT PERMITTED BY APPLICABLE LAW TO EXCLUDE LIABILITY BUT WE ARE PERMITTED TO LIMIT OUR LIABILITY, THE LIABILITY OF ROCKMELON AND ITS AFFILIATES IS LIMITED, AT OUR OPTION, TO THE REPLACEMENT, REPAIR OR RESUPPLY OF THE RELEVANT GOODS, OR THE RESUPPLY OR A REFUND OF THE COST OF THE RELEVANT SERVICES.

  34. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR LOSS OF PROFITS) YOU SUFFER, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE OR ANY OTHER CAUSE OF ACTION, OR OTHERWISE, AS A RESULT OF USING OR ACCESSING THE APPLICATION, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR FROM THE APPLICATION. YOU RELEASE ALL SUCH ENTITIES AND PERSONS FROM ALL SUCH LIABILITY.

  35. THE APPLICATION AND CONTENT IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, TERMS AND GUARANTEES ABOUT THE CURRENCY, ACCURACY, SUITABILITY, FUNCTIONALITY OR RELIABILITY OF THE APPLICATION AND ANY CONTENT OR INFORMATION ASSOCIATED WITH THE APPLICATION. WITHOUT LIMITATION, WE AND OUR AFFILIATES DO NOT WARRANT THAT:

    • THE APPLICATION IS COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE;

    • FUNCTIONS OF THE APPLICATION (OR WHICH YOU ACCESS THROUGH THE APPLICATION) WILL BE UNINTERRUPTED OR ERROR FREE;

    • DEFECTS WILL BE CORRECTED; OR

    • THE APPLICATION OR ANY SERVER THAT MAKES IT AVAILABLE IS FREE OF ERRORS OR VIRUSES, WORMS OR "TROJAN HORSES".

  36. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION OR FOR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION OR THE CONTENT TO CONFORM TO ANY APPLICABLE WARRANTY, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE OUR SOLE RESPONSIBILITY.

  37. IN THE EVENT OF ANY FAILURE OF THE APPLICATION OR CONTENT TO CONFORM TO ANY WARRANTY THAT IS NOT ABLE TO BE EXCLUDED UNDER LAW, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND TO YOU THE PURCHASE PRICE OR SUBSCRIPTION FEE (AS APPLICABLE) FOR THE APPLICATION OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BY THE RESPONSIBILITY OF ROCKMELON (SUBJECT TO THESE TERMS AND CONDITIONS).

  38. YOU AND WE ACKNOWLEDGE AND AGREE THAT WE ALONE, NOT APPLE OR ANY OF OUR AFFILIATES, ARE (SUBJECT TO THESE TERMS AND CONDITIONS) RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU (OR A THIRD PARTY) MAY MAKE RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO:

    • PRODUCT LIABILITY CLAIMS;

    • ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND

    • CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LEGISLATION, INCLUDING IN CONNECTION WITH THE APPLICATION’S USE OF THE HEALTHKIT AND HOMEKIT FRAMEWORKS.

  39. You must take reasonable steps to minimise the extent of any loss or damage you may suffer as a result of the provision of the Application.

    Maintenance and support

  40. You acknowledge neither Apple nor Rockmelon has any obligation to furnish you with maintenance and support services with respect to the Application, the Content, or your use of them (except as required under non-excludable applicable laws).

    Privacy

  41. You acknowledge and agree that your personal information will be handled in accordance with our Privacy Policy which may be accessed on our website here  (https://rockmelon.com/privacy-policy). You may also ask us to send you a copy of the Privacy Policy.

  42. We may monitor and analyze your interactions with the Application and the Content for the purposes of monitoring and improving the performance and features of the Application and the Content and to understand you better.

    United States Restrictions

  43. You represent and warrant that: (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

    Suspension or termination

  44. We may suspend, terminate or limit your access to the Application or Content at any time if:

    • you cease to pay the relevant subscription fees;

    • you materially breach these Terms and Conditions;

    • the law requires us to do so;

    • if it is necessary for the maintenance or repair of our systems;

    • if we reasonably believe that your continued use of the Application or Content is likely to result in harm to any person; or

    • if there are any other reasonable grounds for us to do so.

  45. If we terminate your access to the Application or Content for any reason, you may cease to have access to the User Data. If the Subscriber wishes to be sent a copy of the User Data, the Subscriber must contact us within 30 days of the date of termination to request us to send a copy of the User Data to the Subscriber. Copies of the User Data will not be sent to Team Members other than the Subscriber. You acknowledge and agree that we may permanently erase the User Data after the expiry of that 30 day period and that, as a result, we will be unable to provide a copy of the User Data to the Subscriber or any other person.

    Third party links

  46. This Application may include links to third party content such as third party websites. We have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from content accessed from a third party. Any links to third party sites are provided as merely a convenience to the users of this Application.

    Apple requirements

  47. You acknowledge and agree that we have obligations to Apple by virtue of our agreement with Apple regarding distribution of the Application. We exclude all liability for any loss or damage that you may suffer, arising from or in connection to us complying with our contractual obligations with Apple.

    General

  48. These Terms and Conditions are governed by and to be interpreted in accordance with the laws in force in the State of New York and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts having jurisdiction there.

  49. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity or termination, must be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules, which Rules are deemed to be incorporated by reference into this clause. The place of the arbitration will be New York and the language of the arbitration will be English. The referral of the dispute to arbitration is a pre-condition of bringing the dispute before a court or tribunal (other than a small claims court), but this provision does not prevent a party from seeking urgent or interlocutory relief from a court. For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of New York or a state court located in New York County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

  50. If any of these Terms and Conditions is invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.

  51. If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of any right.

    Third party beneficiary

  52. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary.

    Contact us

  53. If you have any questions, complaints or claims in relation to the Application you should contact Rockmelon:

Post: Rockmelon Pty Ltd, The Studio, Level 6, 11-31 York Street, Sydney NSW 2000. Australia

Email: info@rockmelon.co