LifeReady Terms of Service

1 About these Terms

These are our Service Terms.  They apply to all services and goods we supply, unless we agree in writing to varied terms.  They can be amended under clause 15.

2  About our Services

(a) Our Services allow you to:

 (i) encrypt information;

 (ii) create and control decryption passwords;

 (iii) upload the encrypted information to us; and

 (iv) determine which third parties (if any) can decrypt part or parts of your information.

(b) We cannot decrypt your information.  What we hold is meaningless to us, and to anyone who has not been given permission to decrypt by you, directly or indirectly.

(c) We cannot assist you to recover a lost password, however you may be able to regain access using a Personal Recovery Key or Trusted Party Account Recovery you set up in advance. Passwords are not known to or knowable by us.

(d) Our Service is not a backup service and should not be the sole repository of your important information. You should keep a separate, secure copy of anything important.

3  Dictionary

In these Terms:

‘Acceptable Use’ means use in accordance with clause 24.

‘Agent’ means a third party we engage to perform, facilitate or improve the Services.

‘Billing Period’ means the periodic interval to which our fees are referable – normally one month commencing from the date of your sign up, and each month after that.

‘Documentation’ – see clause 19(a).

‘Intended Use’ means use in accordance with clause 4(a).

‘Partner Provider’ means a financial advisor, benefits administrator, insurance company, third party institution or other person whom you nominate as a Partner Provider.

‘Password’ means the decryption key for any Secure Information.

‘Plaintext Information’ means your name, contact details, etc that are not Secure Information.

‘Privacy Policy ’ means our privacy policy as amended from time to time.

‘Process’ means a process or system in writing for doing something, which may consist of a form or similar.

‘Secure Information’ means any information that you encrypt using KeyCrypt and forward using the Service, encrypted, to us.

‘Services’ means anything we provide to you e.g. our secure document storage and sharing system, a mobile application giving access to it, or a Site about it.

‘Service Terms’ means this document.

‘Site’ means our website at lifeready.io or any other website we publish about the Services.

‘Spam Act’ means the Spam Act 2003.

‘Statutory Guarantees’ – see clause 13.

‘Terms’ means Service Terms.

‘Trusted Party’ means someone appointed as such and who can or may be given access to Secure Information.

‘We’, ‘our’, ‘us’, etc refer to LifeReady.

‘You’, ‘your’, etc refer to you, the user of our Services.

4  Secure Information

(a) Our Service is intended by us to receive KeyCrypt encrypted copies of information about you such as health and medical information, financial information and legal information, and to permit access to it in accordance with your instructions.  Such information is ‘Secure Information’.

(b) There are no circumstances in which we, our employees, our contractors, and other associates can decrypt Secure Information.  It is simply not possible. Accordingly, you might upload an encrypted document and say that it is your will.  We have no way of knowing if that is true, or that the document is actually of the kind you indicate.  Secure Information is, to us, a meaningless collection of nonsense text.  That is reflected in many aspects of these Terms. 

(c) These Terms give us various rights regarding Secure Information.  Those rights do not extend to the decrypted form of a document, which we never see.

(d) You warrant to us that you will maintain:

 (i) the Password to all Secure Information; and

 (ii) a duplicate of the information (not encrypted by KeyCrypt) –

and you release us from any claim that arises because you do not. You also acknowledge and accept that, if you lose, forget or misplace your Password and you have not maintained a usable Personal Recovery Key or Trusted Party Account Recovery to recover your account, your Secure Information cannot be recovered by anyone, including us, and will be permanently and irretrievably lost.

Our Service is not a backup service and should not be the sole repository of your important information.

(e) Our Service allows you to grant rights of access to Trusted Parties that you choose. You are solely responsible for the use that they make of your Secure Information, and you release us from any claim regarding that.

(f) Our Service allows you and/or specified Trusted Parties to gain access to your Secure Information in certain circumstances, as set up by you. 

We strongly recommend (but do not require) that you protect your access by setting up at least one of the following:

• Personal Recovery Key,
• and/or one or more Trusted Party Account Recovery.

We also recommend you keep a separate, secure copy of anything critical.

You should understand that:

(i) your Secure Information is encrypted so that we cannot access or recover it: not LifeReady, its staff, or anyone compelled to act on our behalf;

(ii) it can therefore only be recovered using your Password, a Personal Recovery Key you have generated, or a Trusted Party Account Recovery you have set up in advance (which may also allow a nominated person, such as your executor, to access your information on your death or incapacity); and

(iii) recovery is only possible for as long as at least one access method remains usable.

Your Secure Information cannot be recovered by anyone, including you, any Trusted Party, your estate, or us, and will be permanently and irretrievably lost if you lose, forget or misplace your Password and, at that time:

(i) you have not generated a Personal Recovery Key, or your Personal Recovery Key has also been lost; and

(ii) no Trusted Party Account Recovery is able to recover your account – whether because you appointed none, or because the Trusted Parties needed to approve recovery are unavailable, or have themselves lost, forgotten or misplaced the credentials to their own accounts.

To the extent permitted by law, you release us from any claim arising in those circumstances.

5  Trusted Parties

(a) You may appoint one or more Trusted Parties, and withdraw an appointment.

(b) A Trusted Party may access such of your Secure Information in such manner upon such conditions as you specify, including making it available to other Trusted Parties.  Our Service will specify what conditions are supported.

6  Partner Providers

(a) You may appoint one or more Partner Providers, and withdraw an appointment.

(b) A Partner Provider may access information about your use of, and access to, the Services such as the type of plan you select when you accessed the Service, and your account access frequency.  This information is not anonymous.

(c) A Partner Provider will not have access to Secure Information (unless they are appointed as a Trusted Party as well).

(d) A Partner Provider is a recipient of your information only, and is not a reseller of, or commercial partner in, the Services.

7  Agents

Agents may be given access to your Plaintext Information on a need-to-know basis, on terms that they must keep it confidential.

8 Marketing etc

We may use data which does not identify you for any lawful purpose (e.g. marketing, system security or systems improvement).

9 Processes

(a) Using the Services, you will encounter various Processes that we require to be followed e.g. uploading Secure Information, appointing or removing a Trusted Party, or appointing or removing a Partner Provider.

(b) To maintain quality control, we insist that the right process is used.  If you cannot identify the right process, reach out to our support team.

(c) If you do not follow the correct process, we cannot assure you of the correct outcome, or any.

10  Privacy Policy

Our Privacy Policy is available on our website.  We may deal with your personal information in accordance with it, subject to law.

11  Services only for lawful use

(a) You must use the Services for lawful purposes only.  ‘Unlawful use’ includes any use calculated to damage or impair the Services or to harm any person.

(b) We may investigate suspected unlawful use as we see fit, including by reporting to authorities and sharing information.

(c) We may comply with any government request for information that is binding by law.  We shall give you such notice as is legally possible.

Note:  We do not have and cannot access a plaintext copy of your Secure Information.

12  No fiduciary relationship

Your use of the Services does not give rise to lawyer-client privilege, doctor-patient privilege or any other kind of fiduciary relationship.

13 Liability

13.1  Intended Use only

Services are provided for the Intended Use only.  We do not warrant them for any other purpose.

13.2  Statutory Guarantees

Under the Australian Consumer Law, the Services are subject to guarantees that they will be rendered with due care and skill, and other matters (Statutory Guarantees).

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Each release and limitation in these Terms applies only to the maximum extent permitted by law, and only to loss that is not caused by our own breach of those guarantees.

13.3  Statutory Guarantees breached

(a) Nothing in these Terms limits our liability where:

 (i) the Statutory Guarantees are breached; and

 (ii) the Services are of a kind ordinarily acquired for personal, domestic or household use or consumption.

(b) Where we supply you with Services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of the Statutory Guarantees is limited to the supplying of the Services again or the payment of the cost of having them supplied again.

(c) Nothing in these Terms limits our right to resist damages on the basis of common law principles e.g. that the damages are too remote to be compensable.

13.4  Statutory Guarantees not breached

(a) This clause only applies if:

 (i) the Statutory Guarantees do not apply; or

 (ii) the Statutory Guarantees apply but are not breached.

(b) We are not liable for any loss or damage you suffer in connection with the Services such as (but not limited to) unauthorised access, hacking or other security intrusions, failure to store, theft, deletion, corruption, destruction, damage, or loss of any data or information, or mistaken release of information. This reflects the reality that absolute security may not be possible.

13.5  No other warranties

Apart from the Statutory Guarantees:

(a) Our Services, including without limitation all Documentation, is provided ‘as is’, ‘as available’ and without warranty of any kind, express or implied, including without limitation any warranties implied by any course of performance or usage of trade, any implied warranties of title, non-infringement, merchantability and fitness for a particular purpose are supplied.

(b) We, and our directors, employees, Agents, suppliers, partners and content providers do not warrant that:

 (i) the Services will be timely, secure, free from hacking or other security intrusion, uninterrupted, error free, or available at any particular time or location;

 (ii) any defects or errors will be corrected;

 (iii) any content or software available at or through the services is free of viruses or other harmful components; or

 (iv) the results of using the services will meet your requirements or expectations.

14  Dispute resolution

(a) These Terms shall be given by and construed in accordance with the laws of Australia.

(b) Any litigation relating to these Terms shall be conducted exclusively in the courts of the state or territory of your residence (or the Federal Court of Australia in the registry of your state or territory) but if you do not reside in an Australian state or territory then in the courts of Victoria, Australia (or the Federal Court of Australia in its Victorian registry).

15  Amendment

(a) We can amend (including discontinuing) these Terms and/or our Services on:

 (i) 7 days notice if the amendment does not cost you money or materially increase your other obligations; and otherwise

 (ii) 30 days notice.

(b) If we discontinue the Services, we shall notify you (if your account is then current) and provide facilities for you to export copies of your Secure Information for two years.

16  Communications

(a) We may communicate with you at the last email address you have given us.

(b) If communications to that address ‘bounce’ we may, but are never obliged to, attempt contact via other means.

(c) Where a communication is time-critical, time runs 24 hours from the time of dispatch.

17  Miscellaneous

(a) These Terms as amended by us from time to time constitute the entire agreement between you and us with respect to its subject matter.

(b) The section headings are for convenience only and shall not affect their interpretation or legal and contractual effect.

(c) Subject to the Australian Consumer Law, we shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation.

(d) Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instances does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, it must be in writing.

(e) If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

(f) We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

(g) No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

18  Security

(a) If we are subject to any data breach we will, where required by law, notify you at the last email address we have for you.

(b) You must notify us in writing immediately if there is any (suspected) unauthorised use of your Password or account or data.

19  Our proprietary rights

(a) Any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services (collectively, ‘Documentation’) are our property or that of our suppliers or licensors, and are protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.

(b) You shall abide by and maintain all copyright notices, information and restrictions contained in any Documentation that you access through the Services.  Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Documentation solely for purposes of using the Services.

(c) Use, reproduction, modification, distribution, or storage of any Documentation for purposes other than using the Services is expressly prohibited without our prior written permission.  You shall not sell, license, rent, or otherwise use or exploit any Documentation for commercial use or in any way that violates any third party right.

(d) We can:

 (i) remove, edit or modify any Documentation in our sole discretion at any time, without notice to you, for good reason; or

 (ii) remove or block your access to any Documentation available on the Services at any time for good reason.

20  Acceptable Use

(a) You agree to use the Services:

 (i) for lawful purposes;

 (ii) in accordance with all laws; and

 (iii) in accordance with these Terms and conditions.

(b) You must respect the privacy and Secure Information of other users of the Services.

(c) You must not resell, on-sell, sublicense, rent, or otherwise make the Services available to any third party, and you must not receive any commission, referral fee or other benefit for introducing or recommending the Services, unless you have first entered into a separate written partner agreement with us.

(d) Any such resale, referral or commission arrangement is governed solely by that partner agreement (including its indemnities and representations) and not by these Terms. Nothing in these Terms authorises any person to represent, warrant or describe the Services on our behalf.

(e) You must not, and must ensure that anyone acting on your authority does not, upload, download, post, submit, distribute or facilitate the distribution of any material, that:

 (i) without consent, includes anyone else’s identification documents or sensitive financial information; infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity; or

 (ii) violates any law or contractual duty;

 (iii) you know is false, misleading, untruthful or inaccurate; impersonates, intimidates or harasses any person or entity, including any of our employees or representatives;

 (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; or is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us.

(f) You are further prohibited from violating or attempting to violate the security of the Services or our other systems or network security, including without limitation the following:

 (i) accessing data not intended for users of the Services;

 (ii) gaining unauthorized access to an account, server or any other computer system;

 (iii) attempting to or engaging in, directly or indirectly, probing, scanning or testing the vulnerability of a system.

(g) You release us from all liability for any release of your information, including your Secure Information pursuant to our receipt from you of any instructions or permissions authorizing such release, including actions taken by any Trusted Party you authorise, and any requirements by law for us comply with a subpoena or analogous legal process or governmental request.

21  Payments and billing

(a) You must pay us our fees for the use of Services.

(b) Our fees are as presented to you when applying for the Services, subject to any updates from time to time.

(c) We accept credit card payments for use of the Services through our third party payment processor.  The processing of payments will be subject to the terms, conditions and privacy policies of our third party payment processor in addition to these Terms.

(d) You acknowledge that the fees associated with your use of the Services will be automatically billed on each renewal date (normally monthly) thereafter unless and until you cancel the Services.

(e) If your credit card reaches its expiration date, we may attempt to contact you to update your payment information using the last email address we have for you.

(f) If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information you provided for payment, we may suspend or terminate your access to the Services.

(g) All fees and charges are prepaid and nonrefundable, except as the ACL requires.

(h) We may change the fees and charges in effect, or add new fees and charges from time to time, but we will notify you of any such changes in advance through the last email address you have given us, in time for you to cancel the Service before any increased payment is due.

(i) Any free trial or other promotion that gives you access to the Services must be used within the specified time of the trial and you must cancel access to the Services before the end of the applicable trial period to avoid being charged for the Services.

22  Termination

(a) You may terminate the Services by notice to us at any time, taking effect at the end of the then current Billing Period.  No refunds are allowed except as required by the ACL.

(b) We may terminate the Services:

 (i) on 60 days notice to you;

 (ii)  immediately, if we determine that your use of the Service breaks any law;

 (iii) immediately, if our fees have not been paid within 14 days of their due date;

 (iv) if you breach any clause of these Terms and do not remedy the breach within 14 days of our notice to do so;

 (v) immediately, if you are causing harm to another user, disrupting another user’s use of the Services, or causing us potential legal liability; or

 (vi) otherwise as specified by these Terms.

(c) Termination does not affect clauses 8, 10, 11, 13, 14, 15(b), 16, 19, 20 and 24 of these Terms.

23  Suspension

In these circumstances to which clauses 22(b)(iv) and (vi) apply, we may suspend your account for up to 6 months as an alternative to terminating it.

24  Commercial electronic messages

(a) You may receive commercial electronic messages from us, including messages relating to other products we supply or promote.

(b) Such messages need not comply with subsection 18(1) of the Spam Act.