Terms and Conditions

Platform Terms and Conditions

If you are unsure about any of these Terms and Conditions, how to accept them, your account or have any questions about your use of the Platform or our services, please contact us by email at the following address support@weareyouthority.com.

Overview

Youthority Pty Ltd ACN 681 973 571 (“Kon-X”, “us”, “we” or “our”) owns and operates the website, apps and platform which is a content-based safety application to empower aadolescents and young adults through trusted groups, shared tools, and real connection, while giving caregivers peace of mind to support young people using technology.

You will be referred to throughout these Terms and Conditions as “you” or “your”.

Your access to and use of the Platform, and the services and products available and advertised through the Platform, are subject to the following terms, conditions and notices (“Terms and Conditions”). 

Your acceptance of these Terms and Conditions 

If you are aged 18 years or older, then you acknowledge and agree that you have read and understood these terms and conditions and will be bound by these Terms and Conditions. 

If you are aged less than 18 years old, then you acknowledge and agree that you have read and understood these Terms and Conditions and you have obtained your parent or guardian’s permission to use and access the Platform and your parent or guardian accepts these Terms and Conditions and agrees to comply with them. 

If your parent or guardian does not agree to these Terms and Conditions, you must not use or access the platform. 

If you are less than 10 years of age please do not access or use the Platform. 

Please note that Kon-X is not an emergency care or support provider service and cannot help if you are in danger or need medical attention.

Your account with us 

By registering as a user on the Platform, making payment or accessing the Platform, you acknowledge and agree that you have read and understood these Terms and Conditions and you agree to be bound by them. If you or your parent or guardian does not agree to these Terms and Conditions, please do not access the Platform.

Please note that these Terms and Conditions apply to all persons who use the Platform, whether or not they are the person who pays for the Platform or whose name is on the account on the Platform. 

Terms and Conditions

  1. Definitions and interpretation 

In this Terms and Conditions the capitalised words have the definitions meanings:

  1. Australian Consumer Law means the Competition and Consumer Act 2010 (Cth);
  2. Confidential Information includes any information marked as confidential and any information received during the term of these Terms and Conditions, including information about our business, Platform, operations, affairs, clients, strategy, technology, customers, employees, contractors or suppliers, which is not publicly available; 
  3. Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, service marks, designs, frameworks, structures, algorithms, source code, object code, documents, patents, circuit layouts, business and domain names, database rights, Confidential Information, know how, inventions and other intellectual property existing anywhere in the world, whether or not registered or capable of registration, and any goodwill associated with such activity and any account, application, renewals and extensions of such rights; and 
  4. Platform means any product or service acquired through our website, apps or other portals available at https://weareyouthority.com/ 

2. Platform

  1. We will provide the Platform to you. 
  2. We grant you a non-exclusive, non-transferable, worldwide, limited, revocable licence to use the Platform and materials contained therein for business use in accordance with these Terms and Conditions. 
  3. We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you. 
  4. We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of obtaining insights about how users use the Platform and ensuring you are complying with these Terms and Conditions.
  5. If you breach or disagree with any of these Terms and Conditions, you must discontinue using and accessing our Platform immediately. 

3. Your responsibilities and your use of the Platform 

You must:

  1. ensure that any information you provide to us is true, accurate and complete;
  2. promptly follow all directions from us in respect to your conduct in connection with the Platform; 
  3. familiarise and follow any of the policies published by us at all times in connection with provision of the Platform; 
  4. at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation; 
  5. comply with all applicable laws and regulations when using the Platform; and
  6. bear all costs and expenses related to your use of the Platform;
  7. ensure that any information you provide to us is true, accurate and complete;
  8. at all times in dealings with us, clients of ours, partners, sponsors, suppliers, employees and contractors conduct yourself in a manner that protects and enhances our reputation; and 
  9. comply with all applicable laws and regulations when using the Platform.

You must not:

  1. misuse the Platform;
  2. add, remove, change, hack or otherwise interfere with the Platform;
  3. resell, reframe, distribute or on-sell the Platform;
  4. include the Platform or any of its functions in any service bureau or outsourcing or managed service offering;
  5. modify or adapt or create derivative works of the functionality of the Platform;
  6. reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Platform;
  7. build or engage anyone else to build a competitive service or platform;
  8. copy any features, functions or graphics of the Platform; 
  9. use the Platform to access services other than the features you are entitled to use;
  10. use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; 
  11. post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities; and/or
  12. except as permitted under these Terms and Conditions, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or materials made available through the Platform. 
  13. Bully, harass, conduct to others…

Please be aware that if you breach clauses 3.2 or 3.3 of these Terms and Conditions, you acknowledge that we reserve the right to report any such breach to the relevant law enforcement authorities and disclose your identity to them. In addition, we reserve the right to suspend or terminate your access to the Platform at our sole discretion without notice. 

The section applies to both free and paid users on the Platform. 

4. Fees and Payment

  1. You may access the Platform for free. Details of our pricing and subscription plans are available on our website https://weareyouthority.com/kon-x-subscription.  
  2. There may be fees and charges associated with your use and access to the Platform, depending on your subscription. 
  3. The fee associated with your use of the Platform will be disclosed to and payable by you.  The fee will be dependent on the subscription and billing cycle that you have selected, as reflected on our Pricing Page. https://weareyouthority.com/kon-x-subscription/. You are responsible for payment of the fee, in order for you to access the Platform. 
  4. We will engage a third-party online payment facilitator to enable the payment of fees from you without us collecting or storing your financial information or payment details. In order to receive payment, you may be required to set up an account with the third-party online payment facilitator as it will be through this account that we pay amounts owed to you. We are not responsible for and make no promise about the quality of the payment facilitator or the benefit to be derived from use of the payment facilitator’s services. 
  5. The fee associated with your subscription for the Platform will automatically renew as per your selected billing cycle unless your account is closed or cancelled. If you wish to cancel your subscription you must contact us in writing by emailing us at support@weareyouthority.com. Please refer to our Refund Policy [link] for details in respect of cancelling your subscription and your entitlement to a refund. 
  6. Please be aware that if you fail to make a payment in respect of your subscription, then we reserve the right to change your account type and demote you to a free account or terminate your account with us.
  7. All fees are specified in AUD or the currency of the Commonwealth of Australia and are inclusive of taxes. 
  8. We retain the right to vary the fees we charge you from time to time.
  9. All fees are inclusive of GST. 

5. Intellectual property

  1. You acknowledge that we retain exclusive ownership and control of the intellectual property rights in all software and materials (including all documents and templates) embedded within and/or made available to you on or through this Platform. 
  2. You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any general suggestions, enhancement requests, recommendations or other feedback provided by you. 
  3. We expressly reserve all copyright in our Platform and in all materials contained therein.
  4. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the materials supplied to you or which appears on this Platform, unless it is for any legitimate business purpose and provided that any copyright notice is not removed. 

6. How we handle your data

  1. Using the Platform will require you to provide us with information about yourself, your location, circumstances and other information which is not personal information (“Data”). Please note, you are not required or obliged to share any information with us that you are not comfortable in sharing. If you have any questions or concerns about what information you should be sharing with us you may contact us by email at support@weareyouthority.com. 
  2. We use the Data you provide us to offer you a better experience using the Platform and enhance the access to the services provided on the Platform. 
  3. You agree that you have obtained all necessary rights, releases, and permission to submit the Data and you hereby grant to us a perpetual, worldwide, non-exclusive, transferable licence to enable us to use the Data to provide the Platform, improve the Platform functions, share the Data with third-parties and for our own records. 
  4. Please note we may make the Data available to other companies, organisations, or individuals to use on a de-identifiable basis for research purposes and to enhance the provision of the Platform to you and improve our services. Please note that compensation will be paid to you with respect to the Data that you submit on the Platform. You should only submit Data on the Platform that you are comfortable sharing with others in accordance with these Terms and Conditions. 
  5. We have no obligation to monitor any content or Data uploaded by you to the Platform. Nonetheless, if we deem that you have violated these Terms and Conditions, then we may exercise our right to terminate or suspend your access to the Platform as set out in these Terms and Conditions. 

7. Your privacy and personal information

  1. We will handle any Personal Information (as defined in the Privacy Act 1988 Cth) in accordance with the Privacy Act 1988 (Cth), as amended from time-to-time and our Privacy Policy located at https://weareyouthority.com/privacy-policy/.In this provision, Personal Information has the meaning given under the Privacy Act 1988 (Cth).
  2. By using the Platform, you consent to the processing described the Privacy Policy and warrant that all data provided by you is accurate and current.

8. Our Liability to you

  1. To the extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Platform or to your downloading of any material posted on it, or on any websites linked to ours.
  2. You acknowledge and agree that we provide guidance, materials and resources and support to allow you to make decisions and connect you with other support services and information and we are not responsible for and has no liability to you in respect of the use, guidance, advice or support provided by these other providers and do not guarantee the effectiveness, results or suitability of any of these services or resources to you. 
  3. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Platform is provided without any guarantees, conditions, or warranties as to its accuracy. 
  4. We exclude all other terms, conditions, warranties and guarantees which might be implied into these Terms and Conditions. 
  5. Subject to clause 8.3, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Platform whether arising as a result of breach of contract, in tort (including negligence) under statute or common law and/or whether or not arising pursuant to an indemnity in these Terms and Conditions, will be limited to the fees paid by you (if any) for the Services or the cost of providing you access to the Platform again. 
  6. You agree to indemnify, defend and hold harmless Kon-X, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms and Conditions, except to the extent such loss arises from our negligence or wilful misconduct.

9. Our Disclaimers

  1. We may disclose information you provide to us in good faith and where we are required to do so by law or by any court, to enforce the terms of any of our customer agreements, to protect the rights, property or safety of us and our business, our customers or third parties, for generally accepted marketing purposes, or to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
  2. We do not represent, warrant, or guarantee our Platform’s accuracy, currency or completeness to the maximum extent permitted by law. Using, receiving information from, downloading from, or utilising other third party services and support or otherwise interacting with other users on the Platform is not a representation of fitness for purpose or the suitability of the services or a guarantee of the types of users on or offered on the Platform.  
  3.  Whilst we endeavour to take reasonable care in preparing and maintaining the information on the Platform, we do not warrant the accuracy, reliability, adequacy, or completeness of the content contained herein. You acknowledge and accept that the Platform content may include technical inaccuracies and typographical errors. 

10. Availability of the Platform

  1. We will, to the best of our ability, ensure the Platform is available for access at all times but we are not responsible if you are not able to access the Platform as a result of: 
    • us undertaking preventative or remedial maintenance; or 
    • as a result of any circumstances beyond our control. 

11. Links to other sites or services

  1. We may withdraw linking permission without notice to you.
  2. This Platform may contain links to other websites, which are not operated by us. We have no control over these linked websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of these sites will be subject to the Terms and Conditions and service contained within each such site.
  3. Any link to another website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or services which they provide (including their services).

12. Termination and Suspension

  1. We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these Terms and Conditions.
  2. You may terminate your use of the Platform at any time by closing your account.
  3. If the Platform is shut down for any reason (“Closure”) we will give you as much notice as is practicable of a Closure. In this case we will have no liability to any user for any subscription fees that may have been received and do not result in access to the Platform as a result of the Closure. 

13. Changes to these terms and Conditions

  1. Access to this Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Terms and Conditions without notice. From time to time, we may restrict access to some parts or all of this Platform.
  2. We will endeavour to notify you of any changes to these Terms and Conditions in writing.
  3. If you continue to enjoy the benefit of and access the Platform following any amendment to these Terms and Conditions, you will be taken to have agreed to comply with the Terms and Conditions as changed. 

14. General Terms

  1. These Terms and Conditions prevail in the event that anything in, or associated with, the provision of the Platform is inconsistent with these Terms and Conditions.
  2. All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
  3. Any failure by us to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
  4. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and us and supersede any prior versions of these Terms and Conditions and all other communications whether oral or written, express or implied. 
  5. These Terms and Conditions shall be governed by and construed according to the laws in force in the state of New South Wales, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. This applies regardless of your location when using the Platform.