Terms of Use

Welcome and thanks for signing up to a Prime Effect program or service via primeeffect.com.au (the "Website"). By using Prime Effect (the "Website") you’re agreeing to these Terms of Use (“Terms”) so please read carefully as this is a legally binding agreement. We request that you read in conjunction with our Privacy Policy. If you have any questions about our Terms, feel free to contact us. These Terms are valid as of December 1, 2021.

Definitions

Prime Effect (“Prime Effect”, “we,”, “us” or the “Service”) provides a range of mental performance and wellbeing programs and coaching services via primeeffect.com.au (the “Website”). Prime Effect is operated by 25 Days 25 Plays Pty Ltd, an Australian business, ABN 11 655 149 787, based in the State of Queensland, Australia.

As a customer of the Service or a representative of an organisation that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”). Any Member you link your account to is a “Shared Account Holder” (or “Shared Member”). 25 Days 25 Plays Pty Ltd has employees, independent contractors, and representatives (“our Team”) who service the Website and its Members.

ACCOUNT

1. Eligibility

In order to engage in a Prime Effect program, you must:

1.     be at least eighteen (18) years of age and legally capable of entering into contracts; or if under the age of eighteen (18), have a legal guardian or education provider register to a program on your behalf;

2.     complete the sign-up process;

3.     agree to the Terms; and

4.     provide complete, true and current information.

By engaging in a Prime Effect program, you represent and warrant (ie, legally promise) that you meet all the requirements listed above, and that you won’t use Prime Effect in a way that violates any laws or regulations.

2. Term

The Term begins when you sign up to Prime Effect for personal use or enter into an agreement on behalf of an organisation or entity to provide Prime Effect to your clients, students or employees, and continues while you’re using the Service. If you sign up on behalf of an organisation or entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Changes

We may change any of the Terms by posting revised Terms of Use here or by sending you an email. The new Terms will be effective immediately and apply to any continued or new use of Prime Effect. We may change the Website, the Service, or any features of the Service at any time.

4. Closing Your Account

You or Prime Effect may terminate this Agreement at any time and for any reason by giving Notice to the other party. Prime Effect may suspend its Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your subscription. We won’t refund or reimburse you if there’s a violation of these Terms. Once terminated, we may permanently delete your account from our Website and all the data associated with it.

5. Use of Account

All content in your account is private. Refer to our Privacy Policy.

In the event we deem your responses or behaviour a threat to your safety, or the safety of others, we will notify you or the relevant authorities.

If you violate these Terms, we may suspend or terminate your account. If you violate these Terms, all documentation can be used as evidence in any legal proceedings brought against you. We may also suspend or terminate accounts where we see content, behaviour, or other factors that pose a threat to our team or system.

6. Account and Password

We do not have access to your account password. If you cannot log in, reset your password via the ‘Forgot Password’ button. Notify us immediately of any unauthorised use of your account. We are not responsible for any losses due to stolen or hacked passwords.

PAYMENT

7. Charges

Our account charges are posted on our Website and may be changed from time to time. New pricing structures will also be sent to you by email.

9. Credit Cards

As long as you’re a Member, subscribed to a paid subscription, and have enabled auto-renew, you've authorised Prime Effect to deduct yearly charges against the credit card using Stripe payment service. Anyone using a credit card represents and warrants that they are authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If the Website is unable to process your credit card order, your account will be suspended until your payment can be processed or new information for any credit card that expires is updated with valid information.

11. Refunds

We will only give you a refund at a prorata rate to the monthly or yearly charge if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

RIGHTS

12. Proprietary Rights Owned by Us

You will respect our proprietary rights, including but not limited to patents, trademarks, service marks, trade secrets, and copyrights, and the software used to provide Prime Effect.

13. Proprietary Rights Owned by You

You represent and warrant that you have permission to use all of the material associated with your account. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

14. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

ABUSE

15. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately via our Contact page.

LIABILITY

16. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and Services, including any downloads. We and our Team won’t be liable for any indirect, special, punitive or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any year will be no more than what you paid us for the Service the year before.

17. No Warranties

We provide the material on the Website and via our Services as is to the maximum extent permitted by law. We make no warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Prime Effect for a variety of reasons, we can’t guarantee that it will meet your specific needs.

18. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or another provision. You also agree to indemnify and hold us harmless from any losses, including legal fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

19. Legal Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable legal fees and any damages or other relief we may be awarded.

20. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include legal, professional and employee time spent retrieving the records, preparing documents, and participating in legal proceedings.

21. Disclaimers

We and our Team aren’t responsible for the behaviour of any other Users or Members of Prime Effect.

22. Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice. We do not, however, make any commitment to update the materials.

23. Links

We have not reviewed all of the sites linked from the Website and are not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at your own risk.

24. Site Terms of Use Modifications

We may revise these Terms of Use at any time without notice. By using or engaging with Prime Effect you are agreeing to be bound by the then current version of these Terms of Use.

25. Governing Law

Any claim relating to Prime Effect shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions.