What's inside
What thesetermscover.
- 01
Using the App
Eligibility, registration, your obligations and acceptable use.
- 02
Purchases & Refunds
Payments, subscriptions, free trials, returns and warranty claims.
- 03
Your Data & Privacy
How user data, personal information and research consent are handled.
- 04
Legal Grounds
Disclaimers, liability limits, termination, disputes and governing law.
TILT YOUR LIFE TERMS AND CONDITIONS OF USE
About the Application
(a)Welcome to Tilt Your Life (Application). The Application is a wellbeing platform which provides you with access to a wellbeing profile, wellbeing strategies, educational content and resources (Services). The Application may also offer additional products or services including but not limited to books, merchandise, and events (Products).
(b)The Application is operated by TILT YOUR LIFE PTY LTD (ACN 688 556 069). Access to and use of the Application, or any of its associated Products or Services, is provided by TILT YOUR LIFE PTY LTD. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
(c)TILT YOUR LIFE PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When TILT YOUR LIFE PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Eligibility Criteria
The TILT YOUR LIFE App is designed for use by users:
- (i)At least 18 years of age,
- (ii)Who can understand written English,
- (iii)Who do not have any known current mental health disorder.
Any use of the App by users that do not meet the Eligibility Criteria are at their own risk. TILT YOUR LIFE PTY LTD accepts no responsibility and liability arising from or in connection with such users’ use of the App.
User Acknowledgement and Disclaimer
(a)By using the App, you acknowledge that:
- (i)This App is a wellness tool and not a diagnostic or treatment tool;
- (ii)this App may expose you to wellbeing related topics which may cause psychological distress and/or discomfort;
- (iii)it is possible that you may find the App contents challenging and/or stressful; and
- (iv)you use this App at your own risk based on your own assessment of the accuracy, performance, completeness or suitability of the App and its contents.
(b)The app is not designed to diagnose or treat any mental health disorder. The app cannot provide users with any diagnosis of any mental disorder or users’ level of risk for developing a disorder. The app does not replace any clinical or diagnostic assessment or treatment for mental health disorders delivered by a qualified health professional. The app may from time to time display general wellbeing support messages based on your responses. These messages are not a clinical assessment or diagnosis and are provided for general informational and signposting purposes only. You should speak to your doctor or a mental health professional if you feel distressed, need mental health support, or require any clinical or diagnostic assessment or treatment for mental health disorders.
(c)In the App, you will complete a wellbeing survey and then you will be provided a report and a tailored program of activities to understand and boost your level of wellbeing. Any report and program generated in the App does not provide any mental disorder diagnosis or assess your level of risk for developing a mental disorder.
(d)While the activities used in the App are based on evidence-based psychological concepts or approaches, TILT YOUR LIFE PTY LTD does not make any promises about the App’s effectiveness in boosting wellbeing and resilience of any individual.
(e)The App is provided “as is” basis. To the maximum extent permitted by law, TILT YOUR LIFE PTY LTD does not provide any warranty or guarantee (express or implied) as to the accuracy, performance, completeness or suitability of the App and its contents, or that access to the App including its functions and features will be uninterrupted, error-free or that errors will be able to be fixed.
Licence
Subject to your compliance with these terms, TILT YOUR LIFE PTY LTD grants you a personal, non-exclusive, non-transferable licence to use the App in accordance with these terms.
Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by TILT YOUR LIFE PTY LTD in the user interface.
Registration to use the Services
(a)In order to access the Services, you must first register as a user of the Application. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- (i)Full name
- (ii)Email address
- (iii)Phone number
- (iv)Age group
- (v)Gender
- (vi)Password
- (vii)Country of residence
- (viii)State/Province/Region of residence
(b)You warrant that any information you give to TILT YOUR LIFE PTY LTD in the course of completing the registration process will to the best of your knowledge be accurate, correct and up to date.
(c)Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services.
(d)You may not use the Services and may not accept the Terms if:
- (i)you are not of legal age (i.e., less than 18 years of age) to form a binding contract with TILT YOUR LIFE PTY LTD; or
- (ii)you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
(a)As a Member, you agree to comply with the following:
You will use the Services only for purposes that are permitted by:
- (i)the Terms;
- (ii)any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b)you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c)any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify TILT YOUR LIFE PTY LTD of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d)access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of TILT YOUR LIFE PTY LTD providing the Services;
(e)you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(f)you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by TILT YOUR LIFE PTY LTD for any illegal or unauthorised use of the Application; and
(g)you acknowledge and agree that any automated use of the Application or its Services is prohibited.
(h)you will not use any automated tools, scripts, bots, crawlers, or similar technology to access, scrape, extract, or collect data from the Application, nor will you reverse-engineer, decompile, or attempt to derive the source code or underlying structure of the Application or its Services.
User Data and Personal Information
(a)Any data including personal information provided by you or generated through the App or otherwise (User Data) will be dealt with according to the App Terms of Use.
(b)You are solely responsible for all User Data, including User Data that you upload to or download from the App. If you download any User Data to provide to a third party, you accept all risk and liability for the third party’s use of the User Data provided to the third party. TILT YOUR LIFE PTY LTD takes no responsibility and is not liable to you or any third party for use of any User Data.
(c)TILT YOUR LIFE PTY LTD may use de-identified and aggregated User Data to analyse trends in wellbeing, behaviour, and engagement across the user community for product improvement, internal/external reporting and internal analysis, or to publish public communications in the app, website or social media. Such publications will include only de-identified and aggregated profile information such as age, gender, country of origin (including state/province/region), marital status, education, employment, survey data and app metrics. No individual will be identifiable from this information.
(d)TILT YOUR LIFE PTY LTD may occasionally conduct research studies with your explicit research consent, and may use and publish this data for research purposes (User Research Data). Research Study Users may provide additional User Research Data as described in the Participant Information Statement provided at the time of explicit consent, and for which ethical approval has been obtained. User Research Data will only be used and published for research purposes in a de-identified form.
(e)TILT YOUR LIFE PTY LTD may use User Data that is personal information (e.g., your name, email, address, age or your personal contact details) for the purpose of providing you with use of the App, to exercise any of its rights or enforce any user obligations set out in these App Terms of Use, and in accordance with TILT YOUR LIFE PTY LTD’s privacy policy.
(f)You consent to TILT YOUR LIFE PTY LTD using User Data including personal information as set out in these App Terms of Use. For clarity, TILT YOUR LIFE PTY LTD has rights to use and publish de-identified User Data or User Research Data for business or research purposes continues after, and is not affected by, termination of your licence to use the App and other rights granted to you under these App Terms of Use.
Purchase of Products and Returns Policy
(a)By using the Services to purchase the Product through the Application or the TILT YOUR LIFE website, you agree to pay the purchase price listed for that Product (Purchase Price), which may be a one-off payment or a recurring subscription charge.
(b)Payment of the Purchase Price may be made through a third-party payment gateway provider, which may vary depending on the nature of the Product purchased, including but not limited to:
- (i)for in-app subscriptions, the Apple App Store or Google Play Store;
- (ii)for tickets to online or in-person events purchased through the TILT YOUR LIFE website, Stripe, PayPal, or another e-commerce payment processor engaged by TILT YOUR LIFE PTY LTD;
- (iii)for merchandise or book purchases made directly through the Tilt website, Stripe, PayPal, or another e-commerce payment processor engaged by TILT YOUR LIFE PTY LTD; and
- (iv)for coaching or other services, Stripe, PayPal, or another payment processor engaged by TILT YOUR LIFE PTY LTD,
(together, Payment Gateway Providers). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms of use, privacy policy and other relevant legal documentation provided by the relevant Payment Gateway Provider.
(c)Receipts and confirmation.
- (i)Where a Product is purchased or subscribed to through the Apple App Store or Google Play Store, Apple or Google (as applicable) will issue the receipt or confirmation of payment directly to you, in accordance with their own processes. TILT YOUR LIFE PTY LTD does not generate or issue this receipt.
- (ii)Where a Product is purchased directly through the Tilt website (including event tickets, merchandise, books, or coaching or other services), TILT YOUR LIFE PTY LTD will issue you with a receipt or confirmation email confirming that payment has been received. TILT YOUR LIFE PTY LTD may record your purchase and subscription details for account administration, support and future reference.
(d)Subscriptions and purchases made through the Apple App Store or Google Play Store.
Where you purchase or subscribe to a Product through the Apple App Store or Google Play Store, your purchase is subject to the refund policies of that platform. Apple and Google administer refunds for in-app purchases directly, and TILT YOUR LIFE PTY LTD does not process or control these refunds. Please contact Apple or Google directly for any refund request relating to an in-app purchase or subscription.
(e)Free trial.
TILT YOUR LIFE PTY LTD may from time to time offer a free trial period (currently 7 days) for a subscription purchased through the Apple App Store or Google Play Store (Trial Period). Unless you cancel before the end of the Trial Period, your subscription will automatically renew and convert to a paid subscription at the end of the Trial Period, and you will be charged the applicable Purchase Price by Apple or Google (as applicable) at the end of the Trial Period and on each subsequent billing period thereafter, using the payment method associated with your Apple ID or Google account. As TILT YOUR LIFE PTY LTD does not control or process this billing, cancellation of the Trial Period must be actioned through your account settings on the relevant platform before the Trial Period ends. It is your responsibility to cancel before the end of the Trial Period if you do not wish to be charged. TILT YOUR LIFE PTY LTD does not provide refunds for a failure to cancel before the end of the Trial Period, and any refund request relating to a charge following the Trial Period should be directed to Apple or Google in accordance with clause (d).
(f)Cancellation of subscriptions.
You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will retain access to the App until that date. No refunds are provided for the unused portion of a billing period. If you subscribed through the Apple App Store or Google Play Store, cancellation must be actioned through your account settings on the relevant platform, as TILT YOUR LIFE PTY LTD is unable to process or action this cancellation on your behalf.
(g)Books or other products purchased through third-party retailers.
Where a book or other Product is purchased through a third-party retailer or marketplace (including but not limited to Amazon), that purchase is subject to the terms, conditions and refund or returns policy of the relevant retailer. TILT YOUR LIFE PTY LTD is not the seller of record for these purchases and does not process refunds, returns or exchanges relating to them. Please contact the relevant retailer directly for any refund or return request.
(h)Purchases made directly through the Tilt website.
Where you purchase a Product directly through the Tilt website — including but not limited to tickets to online or in-person events, merchandise, books, coaching, or other services offered directly by TILT YOUR LIFE PTY LTD — TILT YOUR LIFE PTY LTD's refund policy applies, as set out below. This policy operates in addition to, and does not limit or exclude, any consumer guarantees or other rights you have under the Australian Consumer Law (ACL) that cannot be excluded, restricted or modified.
(i)TILT YOUR LIFE PTY LTD may, at its discretion, offer a refund, credit or replacement for a Product purchased directly through the Tilt website in circumstances such as accidental duplicate purchase, a technical fault preventing access to purchased content, event cancellation, or non-delivery of the purchased Product, or as otherwise required under the ACL. Requests for a refund on any other basis will be considered on a case-by-case basis.
(j)Nothing in this clause limits your rights under the ACL, including your right to a remedy where a Product fails to meet a consumer guarantee (for example, where it is not fit for purpose or does not match its description).
Warranty
(a)TILT YOUR LIFE PTY LTD's Products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). In particular, our services are guaranteed to be provided with due care and skill, to be fit for any purpose you made known to us, and to be delivered within a reasonable time (Guarantees). If we fail to meet a Guarantee, you are entitled to remedies under the ACL, which may include having the failure remedied within a reasonable time, cancelling your subscription or purchase and receiving a refund for any unused portion, or compensation for other reasonably foreseeable loss or damage resulting from a major failure.
(b)You may make a claim under this clause (Warranty Claim) in relation to a failure of a Product to meet a Guarantee within a reasonable time of the issue arising, and in any event no later than 30 days from the date of purchase (Warranty Period).
(c)To make a Warranty Claim, you must provide TILT YOUR LIFE PTY LTD with proof of purchase showing the date of purchase, a description of the Product, and the issue you have experienced, by sending written notice to TILT YOUR LIFE PTY LTD by email at support@tiltyourlife.com.
(d)Where a Warranty Claim is accepted, TILT YOUR LIFE PTY LTD will, at its discretion and as appropriate to the nature of the failure, remedy the issue, provide a replacement service, or provide a refund or credit, at no additional charge to you.
(e)Nothing in this clause limits or excludes any right or remedy you have under the ACL that cannot be excluded, restricted or modified. To the extent permitted by law, this Warranty is TILT YOUR LIFE PTY LTD's sole and exclusive warranty in respect of the Products, in addition to your non-excludable rights under the ACL.
(f)This Warranty does not apply where the failure results from your misuse of the Product, use of the Product in a manner inconsistent with these Terms and Conditions, or circumstances outside TILT YOUR LIFE PTY LTD's reasonable control (for example, an outage caused by a third-party platform or your own device or internet connection).
Copyright and Intellectual Property
(a)The Application, the Services and all of the related Products of TILT YOUR LIFE PTY LTD are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by TILT YOUR LIFE PTY LTD or its contributors.
(b)TILT YOUR LIFE PTY LTD retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:
- (i)the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of TILT YOUR LIFE PTY LTD; or
- (ii)the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- (iii)a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c)You may not, without the prior written permission of TILT YOUR LIFE PTY LTD and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose.
(d)Where you submit, upload or post any content to the Application (User Content), you retain ownership of that User Content but grant a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify, adapt and distribute such User Content solely for the purposes of operating, improving and promoting the Application and Services. You warrant that you own or have the necessary rights to all User Content you submit and that such User Content does not infringe any third-party intellectual property rights.
Privacy
TILT YOUR LIFE PTY LTD takes your privacy seriously and any information provided through your use of the Application and/or the Services are subject to TILT YOUR LIFE PTY LTD's Privacy Policy, which is available on the Application and at www.tiltyourlife.com/privacy-policy. By using the Application, you consent to the collection and processing of sensitive wellbeing information as described in our Privacy Policy. Where you choose to participate in research, a separate research consent toggle will apply, and your data will only be used for research purposes where you have explicitly opted in.
Security
(a)You are responsible for ensuring that your username and password for the App is kept securely and not made available to anyone else to use the App.
(b)You are liable for any activities performed in relation to the App using your username or password, regardless of whether or not you authorised that person or device to use your username or password. TILT YOUR LIFE PTY LTD recommends that you always logoff from the App after completing a session.
(c)You must promptly notify TILT YOUR LIFE PTY LTD if you become aware of any unauthorised use of your username and password for the App.
(d)TILT YOUR LIFE PTY LTD will put in place physical, technical and administrative security measures for the App that are designed to minimise the risk of any misuse, interference or loss and unauthorised access, modification or disclosure of your personal information.
(e)Despite the above, you acknowledge that TILT YOUR LIFE PTY LTD does not provide any warranty around the security of the App, the transmission of data over the internet or any other public network, or any data a user provides through use of the App.
General Disclaimer
(a)You acknowledge that TILT YOUR LIFE PTY LTD does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services or Products other than provided for pursuant to these Terms.
(b)TILT YOUR LIFE PTY LTD will make every effort to ensure a Service or Product is accurately depicted on the Application, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Application.
(c)TILT YOUR LIFE PTY LTD may from time to time in its sole discretion develop and provide App updates, bug fixes, patches, other error corrections, and/or other features (including content). Updates may also modify or delete in their entirety certain features and functionality. TILT YOUR LIFE PTY LTD has no obligation to continue to provide or enable any particular features or functionality.
(d)Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(e)Subject to this clause, and to the extent permitted by law:
- (i)all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- (ii)TILT YOUR LIFE PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Products or these Terms (including as a result of not being able to use the Services or Products, or the late supply of the Services or Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(f)Use of the Application, the Services, and any of the Products of TILT YOUR LIFE PTY LTD is at your own risk. Everything on the Application, the Services, and the Products of TILT YOUR LIFE PTY LTD, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of TILT YOUR LIFE PTY LTD make any express or implied representation or warranty about its Content or any Products or Services (including the Products or Services of TILT YOUR LIFE PTY LTD) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- (i)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- (ii)the accuracy, suitability or currency of any information on the Application, the Service, or any of its Content related Products (including third party material and advertisements on the Application);
- (iii)costs incurred as a result of you using the Application, the Services or any of the Products;
- (iv)the Content or operation in respect to links which are provided for the User's convenience;
- (v)any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
- (vi)any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Third Party Websites
(a)The App may provide links to other websites or services operated by third parties for you to access. TILT YOUR LIFE PTY LTD provides these website links only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to third party websites.
(b)You acknowledge that any access of any linked third-party websites or services is at your sole discretion and for your information only.
(c)Any third-party websites or services links within the App do not indicate TILT YOUR LIFE PTY LTD’s endorsement or affiliation with those websites or services and the third party provides of those websites or services.
(d)TILT YOUR LIFE PTY LTD will be not be responsible or liable for your use of or access to any linked third-party websites or services.
Limitation of Liability
(a)TILT YOUR LIFE PTY LTD's total liability arising out of or in connection with the Services, Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of TILT YOUR LIFE PTY LTD is the resupply of information, Services or Products to you.
(b)You expressly understand and agree that TILT YOUR LIFE PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c)Without limiting the foregoing, shall not be liable for any unauthorised access to, data breach, loss or corruption of data, or security incident affecting the Application, Services or Products, except where such incident results directly from 's gross negligence or willful misconduct, provided that maintains reasonable security measures as described in its Privacy Policy and notifies affected users within 30 days of becoming aware of any material security incident.
(d)TILT YOUR LIFE PTY LTD is not responsible or liable in any manner for any site content (including the Content or third-party content) posted on the Application or in connection with the Services or Products, whether posted or caused by users of the Application of TILT YOUR LIFE PTY LTD, by third parties or by any of the Services or Products offered by TILT YOUR LIFE PTY LTD.
Termination of Contract
(i)The Terms will continue to apply until terminated by either you or by TILT YOUR LIFE PTY LTD as set out below.
(ii)If you want to terminate the Terms, you may do so by:
- (i)notifying TILT YOUR LIFE PTY LTD at any time in writing; and
- (ii)closing your accounts for all of the Services or Products which you use, where TILT YOUR LIFE PTY LTD has made this option available to you.
(iii)Where you have subscribed to the Application through the Apple App Store or Google Play Store, your subscription must be cancelled directly through the relevant platform's account settings. TILT YOUR LIFE PTY LTD does not process or control cancellations initiated through these platforms, and cancellation timing will be subject to that platform's terms and billing cycle.
(iv)TILT YOUR LIFE PTY LTD may at any time, terminate the Terms with you if:
- (i)you have breached any provision of the Terms;
- (ii)TILT YOUR LIFE PTY LTD is required to do so by law;
- (iii)the partner with whom TILT YOUR LIFE PTY LTD offered the Services or Products to you has terminated its relationship with TILT YOUR LIFE PTY LTD or ceased to offer the Services or Products to you;
- (iv)TILT YOUR LIFE PTY LTD is transitioning to no longer providing the Services or Products to Users in the country in which you are resident or from which you use the service or products or
- (v)the provision of the Services or Products to you by TILT YOUR LIFE PTY LTD is, in the opinion of TILT YOUR LIFE PTY LTD, no longer commercially viable.
(v)Subject to local applicable laws, TILT YOUR LIFE PTY LTD reserves the right to discontinue or cancel your membership to the Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts TILT YOUR LIFE PTY LTD's name or reputation or violates the rights of those of another party.
(vi)Upon termination or suspension under clause 17 (iii) or (iv), will provide you with 14 days' notice (except in cases of material breach or illegal activity) and reasonable opportunity to export your transaction data and purchase history, which shall remain your property, before permanently deleting your account data within 30 days of termination, subject to legal retention requirements.
(vii)When the Terms come to an end, all of the legal rights, obligations and liabilities that you and TILT YOUR LIFE PTY LTD have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
(a)You agree to indemnify TILT YOUR LIFE PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- (i)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Application;
- (ii)any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so and any breach by you or your agents of these Terms; and/or
- (iii)any breach of the Terms.
Dispute Resolution
(a)Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b)Notice
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c)Resolution
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
- (i)Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- (ii)If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Resolution Institute or his or her nominee;
- (iii)The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- (iv)The mediation will be held in Sydney, Australia.
(d)Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e)Termination of Mediation
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services and Products offered by TILT YOUR LIFE PTY LTD are available to users worldwide. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Last updated
These Terms of Use were last updated on 21st July 2026.