Software Licence Terms

These Software Licence Terms are entered into between “Parenteque Pty Ltd” trading as “PAREDU SWIM” (“we”, “us” or the “Company”) and you, the user of the Software listed below. These Software Licence Terms forms part of, and is subject to the provisions of, our Terms of Use.

  • Definitions and interpretation

In the terms and conditions on this page:

Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, improvements, domain names, mobile applications, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;

Licence Fee” means the monthly or yearly fee payable by you to the Company for the use of our Software as determined by the subscription you elect per our Pricing Page;

Permitted Purpose” means parents teaching their children to swim; 

Pricing Page” means the pricing page as found on our website or app;

Software” means the mobile application called “PAREDUSWIM”, which is a software delivered to you by us to assist with teaching your children to swim (including supply of training and lessons, instructions, videos, manuals, guidance, documents and content comprised therein). 

User Data” means all of the data that you upload into the Software, including all text and other data that you enter into any of the online document creation forms comprised in the Software;

User Documents” means all of content and documents generated by the Software and delivered or made available to you by us through your use of the Software;

  • a reference to these licence terms includes a reference to our Terms of Use, Privacy – Policy, and these Software Licence Terms; and
  • words and phrases that are defined in the Terms of Use have the same meanings when used on this page.
  • The rules of interpretation that apply to the Terms of Use also apply to the terms and conditions on this page.
  • Software Use

      1. YOU MUST USE THE SOFTWARE SOLELY FOR THE PERMITTED PURPOSE. 
      2. Without limitation to the other requirements of our Terms of Use, you must not:
        1. use the Software for any purpose or in any manner other than for the Permitted Purpose in accordance with our Terms of Use;

        2. use the Software in any way that could damage the reputation of the Company or the goodwill or Intellectual Property Rights of the Company associated with the Software;

        3. permit any third party to use the Software without our prior written consent;

        4. assign, sub-licence or otherwise deal in any other way with any of your rights under our Terms of Use without our prior written consent; 

        5. disclose your password(s) to any third party;

        6. copy, reproduce, translate, adapt, vary or modify the Software or create any derivative works based upon the Software or any Documents, other than pursuant to the license granted to you under the heading “License” on this page below;

        7. disassemble, decompile or reverse engineer the Software or attempt to do so;

        8. modify or remove any copyright or proprietary notices pertaining to the Software or the User Documents; or

        9. use the Software to provide services to third parties; 

        10. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or User Documents in any form or media or by any means;

        11. engage in conduct that, in the opinion of the Company at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate the Software and/or any content of any User Documents; 

        12. overload the Software, upload excessive data, or excessively use the cloud storage, subject to clause 5 below; or 

        13. sell, rent, lend, lease or otherwise redistribute the Software (without our prior written consent). 

  • Software License

Software

  1. Our Software is licenced to you by [INSERT COMPANY], for use only under the terms of this Licence Agreement. By downloading the Software from Apple’s software distribution platform (‘App Store’), you agree to be bound by all of the terms and conditions of this Licence Agreement, and you accept this Licence Agreement along with our Terms of Use.   
  2. For the duration of your subscription (subject to clause 5 below), the Company hereby grants to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to install and use the Software solely and exclusively for the Permitted Purpose, subject to and in accordance with the terms and conditions set out in our Terms of Use. The Company reserves the right to licence the Software to other parties or otherwise deal with the Software on such terms as it may elect in its discretion.
  3. This licence will also govern any updates to the Software provided by us that replace, repair, and/or supplement the Software at any time, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
  4. The Software is provided on an “as is” basis. We make no warranties or representations in relation to its suitability and we are not obligated, express or implied, to provide any maintenance, technical or other support for the Software. 
  • Ownership of Intellectual Property Rights

      1. You acknowledge and agree that:
        1. our Terms of Use and this Licence Agreement do not transfer or assign any Intellectual Property Rights to you;

        2. your use of this site or any custom branded portal does not transfer or assign any Intellectual Property Rights to you;

        3. We retain all Intellectual Property Rights in the Software and you have no Intellectual Property Rights in any part of the Software, including any modifications or enhancements thereof, other than the rights temporarily granted to you pursuant to the license herein; and

        4. We own and retain all Intellectual Property Rights in the User Documents, and you have no Intellectual Property Rights or other rights in any part of the User Documents other than:

          1. the rights granted to you pursuant to the license under the heading “License” on this page above; and
          2. in respect of your User Data. 
        5. You grant us an irrevocable, royalty free, perpetual and non-exclusive licence to use the User Data, feedback, uploads or other data that you input into the Site or the Software to improve the Software and any improvements made as a result of such use will be our intellectual property. 

  • Licence Fee 

      1. Our pricing model is based on subscription pricing on a tiered scale, offering subscribers packages with different feature combinations at different price points. Subscriptions will be made available on a monthly or yearly basis, per user. Yearly payments will be discounted, providing incentive for long term subscriptions. Our Pricing Page can be seen here (“Pricing Page”).
      2. Depending on the subscription model you elect from our Pricing Page, you must pay to us the Licence Fee monthly or yearly (whichever is applicable), in advance. Each payment of the Licence Fee shall be made with time of the essence and without right of set-off or deduction.  You acknowledge and agree that we may charge interest on any late payment of the Licence Fee at 10% per annum, with the interest broken down into a daily interest charge. 
      3. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees, late payment fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. 
      4. We may review and change the Pricing Page, and your Licence Fee, from time to time however, any changes to your subscription plans will apply no earlier than 30 days following notice to you.  
      5. You recognise and agree that you shall not be entitled to a refund for any payment/s, or portions of payments, of any kind whatsoever provided to the Company or in respect of the licence to use the Software. 
  • Consequences of violation

      1. The Company reserves all of its rights in relation to any breach of our Terms of Use, including any violation of these Software Licence Terms, including the right to seek injunctive relief and the right to sue for damages.  Without limitation to those rights, if the Company finds that you have used the Software other than in accordance with our Terms of Use, the Company reserves the right to, without notice to you:
        1. limit your subscription; and/or

        2. suspend or terminate your subscription.

  • SAFETY – NO LIABILITY FOR PERSONAL INJURY OR DEATH 

      1. The Software is designed to provide information and tools to parents on how to teach their kids to swim. While we believe that our Software can be a helpful resource for parents, we make no guarantees or warranties as to the effectiveness or safety of the Software. We strongly recommend that all parents seek professional guidance and supervision from a qualified swimming instructor or coach before attempting to teach their children to swim using our Software. Swimming can be a potentially dangerous activity, and parents should exercise caution and use their best judgment when teaching their children to swim. By using our Software, you acknowledge that you have read and understood this legal disclaimer, and you agree to assume all risks associated with teaching your children to swim using our Software. 
      2. To the extent permitted by law, we will not be liable for any personal injury, death, or other damages arising from the use of our Software, whether direct, indirect, special, incidental, or consequential. You agree to indemnify and hold us harmless from any claims or liabilities arising from the use of our Software. In no event will our liability exceed the amount paid by you for our Software.
  • TERMINATION 

    1. Either party may terminate this licence agreement without notice for any reason whatsoever. Your rights under this licence will terminate automatically and without notice if you fail to adhere to any terms of this licence. 

 

  1. You acknowledge and agree that all fees associated with your licence to use the Software are payable in advance and you will not be refunded any amounts that you have paid in advance for your use of the Software irrespective of whether the licence agreement is terminated. For example, if you pay for a yearly licence but seek to terminate this licence agreement prior to the expiration of a year (or we terminate your subscription for a breach of a term of the licence), you will not be refunded any amount and will be liable for the fees for the yearly licence.