1.1 The Superhero Gym App is owned and operated by Octoverse Studios Pty Ltd, ABN 22 665 891 636 (‘Octoverse’, ‘We’, ‘Us’ or ‘Our’) and is offered to the user (‘User’, ‘You’ or ‘Your’) in accordance with the Service Agreement.
1.2 We are responsible for the Service Offer in accordance with the Service Agreement and provide the App to enable the Service Offer.
1.3 Please read these Terms and Conditions carefully and understand they apply to all transactions via the App between Octoverse and the User.
1.4 These Terms and Conditions explain Your rights and obligations and include terms that may limit or exclude Your rights and govern the jurisdiction for any disputes.
1.5 You acknowledge and agree to review these Terms and Conditions prior to using the App and Service Offer and entering into the Service Agreement. If you are a minor, you confirm that you have obtained consent from your parent or legal guardian to use the App and Service Offer. You also understand and agree that the App is not a replacement for professional medical advice or treatment. We recommend that you seek professional medical advice or treatment before using the App.
1.6 To the extent that anything in or associated with the App is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions will prevail, unless they conflict with any applicable health and safety or privacy laws and regulations, in which case those laws and regulations will prevail.
In these Terms and Conditions, unless the context otherwise requires:
2.1 ‘App’ means the Superhero Gym App, being Our mobile app on iOS and Android and any other app We may own or operate from time to time;
2.2 ‘ACL’ means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth);
2.3 ‘Business Day’ means a day on which banks, as defined in the Banking Act 1959 (Cth) are open for general banking in New South Wales, Australia excluding Saturdays, Sundays, public holidays or bank holidays;
2.4 ‘Confidential Information’ means all personal health, mental health, and corporate information the User acquires from Octoverse in relation to the Service Offer. Information already in the public domain or within the User’s knowledge is not confidential under these Terms and Conditions;
2.5 ‘GST’ means goods and services tax under the GST Law;
2.6 ‘GST Law’ means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
2.7 ‘Intellectual Property Rights’ means all intellectual, proprietary, and industrial property rights existing anywhere in the world, including copyright, trade marks, processes, know-how, patents, designs, inventions and trade, business, company or domain names, whether or not registered, and all rights to apply to register, revive or extend such rights, and all other intellectual property as defined in article 2 of the Convention establishing the World Intellectual Property Organisation 1967;
2.8 ‘Liability’ means any tangible or intangible: loss; damage; liability whether actual or prospective; cost or expense of any description, including legal costs incurred by You or any third-parties arising from any action, inaction, claim, demand, suit or legal action, however construed, expressly, including contract, tort, bailment, personal injury, death or negligence; loss of goodwill; business interruption; or for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damage arising out of or related to the Service Offer, however it may arise;
2.9 ‘Privacy Policy’ means Our privacy policy only for the App;
2.10 ‘Schedule’ means a schedule to these Terms and Conditions;
2.11 ‘Service Agreement’ means the agreement entered into between Octoverse and the User incorporating these Terms and Conditions, Schedules, Privacy Policy and any other terms and conditions associated with the Service Offer and/or the App;
2.12 ‘Service Fees’ means the fees Octoverse charges the User in relation to the Service Offer, as detailed in the Schedule and on the App;
2.13 ‘Service Offer’ means the User’s request for services through the App, being a legally binding offer and acceptance to form the Service Agreement; and
2.14 ‘Terms and Conditions’ means Our App Terms and Conditions.
In these Terms and Conditions, unless the context otherwise requires:
3.1 References to legislation or to provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
3.2 These Terms and Conditions must not be interpreted adversely to a party only because that party was responsible for preparing it;
3.3 Headings are for convenience only and do not affect interpretation;
3.4 Words denoting the singular include the plural, and vice versa;
3.5 References to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
3.6 References to any gender include all genders;
3.7 Grammatical forms of defined words or phrases have corresponding meanings;
3.8 The words ‘including’ or ‘includes’ are not words of limitation;
3.9 References to a ‘party’ or ‘parties’ is to a party or parties to these Terms and Conditions and are intended to bind their executors, administrators and permitted transferees;
3.10 References to documents or agreements also mean those documents or agreements as changed, novated or replaced;
3.11 References to a numbered clause, paragraph, item or Schedule are references to the relevant clause, paragraph, item or Schedule under these Terms and Conditions;
3.12 References to an amount of money, including ‘dollars’ or ‘$’ are references to the amount in the lawful currency of the Commonwealth of Australia;
3.13 If the day on or by which anything is to be done is not a Business Day, then it must be done by the next Business Day;
3.14 References to a ‘day’ or a ‘month’ are references to a calendar day or to a calendar month, as applicable;
3.15 Parties must perform their obligations on the dates and times fixed by reference to Sydney, New South Wales, Australia; and
3.16 Obligations under these Terms and Conditions affecting more than one party, bind them jointly and each of them severally.
4.1 By registering as a User and selecting (whether by clicking or otherwise) the ‘Accept’ or ‘Agree’ box or button or any other tick-box, You enter into a legally binding agreement with Us, being the Service Agreement. You expressly warrant and represent You are of a legally eligible age, or if you are under the age of 18, you have obtained your parent’s or legal guardian's consent and have full legal capacity to enter into the Service Agreement. The parent or legal guardian also agrees to be bound by these Terms and Conditions in respect of the minor's use of the App.
4.2 By using the App and Service Offer and entering into the Service Agreement, You expressly indicate You have read, understood and accept these Terms and Conditions and You acknowledge and agree to be bound by them.
4.3 By uploading information to the App, You give Us an irrevocable worldwide licence to use such information for the purposes of the Service Agreement.
5.1 You warrant You will only use the App, and any the services, resources, benefits, features, functions, technologies, content, information and other material offered on the App:
5.1.1 For the Service Offer;
5.1.2 For lawful purposes and in accordance with all applicable local, state, national and international laws, rules and regulations;
5.1.3 In a way that does not damage, incapacitate, circumvent security, place unreasonable burden, alter the content or otherwise disrupt the operation or impair the functionality of the App, including uploading any data, scripts or other software. You also acknowledge and agree not to hack or reverse-engineer the function of the App; or
5.1.4 In a manner where You take the necessary precautions to ensure the process You use to access the App does not expose You to vulnerabilities, viruses, defects or other harmful components that may damage Your own computer system.
5.2 You warrant not to use the App or any of the services, resources, benefits, features, functions, technologies, content, information and other material offered on the App to:
5.2.1 Harm, threaten, abuse, harass, stalk, defame, discriminate (including race, sex, religion, ethnicity, disability, sexual orientation or age) or otherwise offend any third-party;
5.2.2 Mislead, deceive or invade another’s privacy;
5.2.3 Communicate, publish or distribute any material which is unlawful, abusive, obscene, indecent, inappropriate, tortuous, defamatory or otherwise offensive;
5.2.4 Scrape, index, reproduce, redistribute or republish any part of the App;
5.2.5 Violate the rights of any third-party;
5.2.6 Access, scrape or archive content such as scripting software, using automated means;
5.2.7 Use, create or distribute any device or software that interacts with the App;
5.2.8 Send unsolicited communications, advertising or promotional materials, including spam, junk mail, chain letters or pyramid schemes to Us. This includes use of contact information provided on the App including email addresses, phone numbers and addresses, or any contact mechanisms and forms. Nor must You spam or send unsolicited communications, advertising or promotional materials to another User or to any other party;
5.2.9 Distribute or link to any malware or malicious code, including computer viruses, worms, trojan horses, logic bombs, spyware, adware or any other program which may disrupt, destroy, damage, harm, limit, circumvent security measures, or cause undesirable effects to the functionality of computer software, hardware, networks or telecommunications systems;
5.2.10 Infringe the copyright, trademarks or other intellectual property rights of any third-party;
5.2.11 Give the impression that content derives from Octoverse, its directors, officers, employees, agents or contractors;
5.2.12 Manipulate, alter or circumvent any fees listed on the App;
5.2.13 Interfere with any other party’s use of the App; or
5.2.14 Change or manipulate another User’s account or information.
6.1 It is possible that at times the App may be unavailable, including to permit maintenance or other development activity to take place. We give no guarantee in relation to availability of the App and shall not be liable for any damages or losses resulting from the unavailability of the App.
6.2 We reserve the right to terminate, alter, amend, modify or otherwise update the App in Our sole and absolute discretion at any to time, but we will provide reasonable notice to You where possible.
7.1 When You, or a parent or legal guardian on your behalf if you are under the age of 18, create a User account on the App, or as part of Your continued use of the App, You must provide Us with accurate, up to date, valid and complete information as required by Us. If You provide any incorrect, invalid or false information You will be in breach of the Service Agreement.
7.2 If You, or a parent or legal guardian on your behalf if you are under the age of 18, use credit/debit card details on Your User account which do not belong to You, You warrant and represent that You have the express prior consent of the authorised credit/debit card account holder and You indemnify Us in accordance with these Terms and Conditions.
7.3 You must notify Us of any changes to Your User account, contact information and credit/debit card details within a timely manner.
7.4 Subject to these Terms and Conditions, we grant You a non-exclusive, non-transferable licence to use the App.
7.5 You must not use another User’s account.
7.6 We will process Your personal information in accordance with Our Privacy Policy.
7.7 You warrant and represent:
7.7.1 You will not use the Service Offer or Your User Account in any way that is unlawful or likely to be unlawful;
7.7.2 You are solely responsible for any information You submit to Us via Your User account;
7.7.3 You are solely responsible for the use or misuse of Your account by any other party, and You agree to indemnify Octoverse against any claims, damages, or losses arising from such misuse;
7.7.4 To maintain the security and integrity of Your User account login credentials, password and details relating to Your unique user identity question; and
7.7.5 If You reasonably suspect the security or integrity of Your User account has been compromised, You will notify us immediately.
7.8 We reserve the right to close, limit access or suspend Your User account at any time for any reason, including non-payment, default and/or activities which breach the Service Agreement or Our Privacy Policy.
8.1 We acknowledge that the ACL and similar consumer protection laws may confer certain rights and remedies to You relating to Our supply of services, which cannot be excluded, restricted or modified.
8.2 If You are a consumer under the ACL, We provide all of the consumer guarantees contained therein, to the extent to which they apply to the Service Agreement. Where there is a breach of any of the applicable consumer guarantees contained in the ACL, then to the fullest extent permitted by law Our Liability to You is limited to supplying the services to You again, or, at Our option, paying You the cost of having the services supplied to You again.
9.1 By using the Service Offer, You acknowledge and agree to the Service Fees and our billing and payment terms.
9.2 We reserve the right in our sole and absolute discretion to:
9.2.1 Vary Services Fees and payment terms for existing services; and
9.2.2 Add Service Fees and payment terms for new services.
9.3 If You do not agree to the varied Service Fees, then You may terminate the Service Agreement in accordance with these Terms and Conditions.
9.4 We are not responsible for any delayed or failed payment due to Your failure to keep Your User account details current, including Your credit/debit card details. We may apply a late payment administration charge to cover Our costs if the issuer of Your credit/debit card refuses to or does not, for any reason, authorise payment to Us.
9.5 If we do not receive payment of Service Fees and any other amounts payable by You, by the due date, or payment is subject to chargeback, We may without prejudice to any other right or remedy:
9.5.1 Charge 10% interest per annum calculated daily on the outstanding amount;
9.5.2 Charge a late payment follow up fee per follow up phone call, email or letter sent in the process of collecting the outstanding debt; and/or
9.5.3 Collect any charges from You for any bank fees, transaction fees and any other costs, disbursements and expenses incurred by Us.
10.1 You or a parent or legal guardian on your behalf if you are under the age of 18 may terminate the Service Agreement at any time by logging into Your User account and requesting its deletion, and by paying any outstanding Service Fees and other amounts due in accordance with these Terms and Conditions.
10.2 We may terminate the Service Agreement and close Your User account with immediate effect, by notice to You, for any reason, including failure to pay any amount due, including any interest accrued by the date due; default; or breach of the Service Agreement.
11.1 Your use of the App, particularly when using virtual reality features, is at Your own risk. Always be aware of your physical environment to avoid accidents or injuries.
11.2 All services, resources, benefits, features, functions, technologies, content, information and other material offered on the App are provided on an ‘as is’ basis without any warranties or conditions of any kind, whether express or implied.
11.3 Before relying or acting on the services, resources, benefits, features, functions, technologies, content, information and other material offered on the App, You should carefully evaluate the accuracy, availability, reliability, completeness, contemporariness or relevance of information for Your purposes. Please note that the App is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We expressly disclaim any and all Liability to any person or entity for any loss or damage caused, whether directly or indirectly, in connection with the use of or reliance on any content, goods or services available on the App.
11.4 The opinions and views expressed on Our blog and on any social media linked to the App reflect the personal opinions and views of the individual author and not Our opinions or views.
11.5 Generally, information sent or received over the Internet is unsecure. Although We attempt to maintain appropriate safety measures in respect of the App, We do not make any warranties or representations concerning security of any communication to or from the App.
11.6 You assume full responsibility for any defects in Your device, data, software, equipment or network.
11.7 We do not make any warranties or representations that the App or any external links on the App are free from vulnerabilities, viruses, defects or other harmful components that may damage Your own computer system, nor do we guarantee secure or uninterrupted access to the App.
11.8 We are not responsible for any defects, delays or disruptions to the App as a result of any impact, interruption, action or inaction of any third-parties or for any events beyond Our control or that cannot be anticipated.
11.9 We do not make any warranties or representations regarding the interception by third-parties of Your personal or other information.
11.10 To the fullest extent permitted by law, You hold Us harmless from and agree We are not responsible to You or any third-parties for Liability arising from or connected with:
11.10.1 The use, performance or reliability of the App, including data loss or corruption;
11.10.2 Unauthorised access to the App or to Your personal or other information;
11.10.3 Alteration of any transmission of data and any other matter related to the App, its content or any external links to the App;
11.10.4 Any alterations, amendments, modifications or suspension of the App or its content;
11.10.5 Changes or manipulation to Your User account or information by any third-parties; and
11.10.6 Actions of any third-parties using Your identification details or User account login credentials, whether it is with or without Your knowledge or authorisation.
12.1 To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless Octoverse, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, or your violation of these Terms and Conditions.
12.2 You covenant and warrant to reimburse us in full an amount equal to all damages, liabilities, costs, claims and expenses that We may incur as a result of Your use of the Service Offer or any breach by You of the Service Agreement.
13.1 You are responsible for supplying all equipment required for the Service Offer, including, but not limited to, a mobile device and/or a compatible virtual reality headset suitable for use with the Service Offer.
13.2 You are solely responsible for:
13.2.1 any non-Octoverse fees you incur, including Internet or mobile charges, which relate to the Service Offer;
13.2.2 reading and complying with all instructions given by a virtual reality headset provider, before using the Service Offer;
13.2.3 ensuring that you are medically fit to use any virtual reality devices, including consulting with a medical professional if you may have any conditions that may be adversely affected by the use of such devices; and
13.2.4 using a virtual reality headset in an environment that is safe and suitable for virtual reality headset use, ensuring there are no obstacles or hazards that could result in injury or damage.
13.3 A virtual reality headset is not a toy and must not be used by children under the age of 13. Adults must ensure that children aged 13 and older use a headset in accordance with the instructions given by a virtual headset provider and must supervise children aged 13 and older when they are using or have used a virtual reality headset to ensure they are complying with these Terms and Conditions.
13.4 Octoverse assumes no responsibility or liability for the functionality of any virtual reality headset supplied by a third party. This includes, but is not limited to, any malfunction or physical damage caused by perspiration, moisture, or any other reason affecting a device’s operation.
14.1 You are solely responsible for:
14.1.1 ensuring that you are medically fit to use the fitness videos on mobile devices (mobile phones and tablets), including consulting with a medical professional if you may have any conditions that may be adversely affected by the use of fitness videos on mobile devices; and
14.1.2 using a mobile device in an environment that is safe and suitable, ensuring there are no obstacles or hazards that could result in injury or damage.
14.2 Fitness videos are not a game, and mobile devices are not toys and must not be used by children under the age of 13. Adults must ensure that children aged 13 and older use fitness videos and mobile devices in accordance with the instructions given by Octoverse and any mobile device provider and must supervise children aged 13 and older when they are using the fitness videos on mobile devices or have used the fitness videos on mobile devices to ensure they are complying with these Terms and Conditions.
14.3 Octoverse assumes no responsibility or liability for the functionality of any mobile device supplied by a third party. This includes, but is not limited to, any malfunction or physical damage caused by perspiration, moisture, or any other reason affecting a device's operation.
15.1 The information provided by Octoverse relating to physical and mental health is offered for educational and entertainment purposes only. Users are advised to consult with their healthcare professional before commencing any new physical and mental health program. The information or training programs made available by Octoverse are not a substitute for professional advice, diagnosis, or treatment.
15.2 If you have any concerns or questions regarding your physical and mental health, you should consult with a healthcare professional without delay. You must not disregard, delay, or forgo seeking physical and mental health-related advice from your healthcare professional based on any information accessed via the App.
15.3 Use of any information provided through the App is undertaken at your own risk.
15.4 Nothing available on the App is intended to constitute, nor should it be construed as medical advice or mental health care.
15.5 The App is under continuous development. Octoverse does not warrant or represent, either expressly or impliedly, the accuracy, completeness, or suitability of the information for any purpose. Medical research developments may influence the mental health content provided, and no assurance is given that such content will include the latest findings or developments in the relevant field.
16.1 Your rights and obligations under these Terms and Conditions cannot be assigned, sub-licensed, sub-contracted or otherwise dealt with without Our prior written consent.
16.2 The Service Agreement and these Terms and Conditions are binding on Your permitted assignees, successors and personal representatives.
16.3 You acknowledge and agree that We may assign any or all of our rights and obligations under the Service Agreement.
16.4 We may sub-contract all or any of Our obligations under the Service Agreement and these Terms and Conditions to any agent, contractor or other third-party, including performance of the functions under the Service Offer. Such sub-contracting will not relinquish Us from any Liability under these Terms and Conditions.
17.1 You must treat Confidential Information subject to a duty of confidence and must only use it for the purpose of the Service Offer.
17.2 You agree to only disclose Confidential Information on a need-to-know basis for the purpose of the Service Offer, or as required by law.
17.3 You must advise each person to whom You disclose Confidential Information that You are subject to a duty of confidence, and that the Confidential Information is not to be used for any purpose other than the Service Offer.
17.4 You agree to take at Your sole expense, whatever steps We may consider necessary to enforce the duty of confidence against any person to whom You have disclosed Confidential Information and who is in breach of that duty.
17.5 On request, You must provide Us with a list of recipients, including their contact details, to whom You have disclosed Confidential Information.
18.1 We own or licence all Intellectual Property Rights in the App and Service Offer, unless otherwise indicated. We reserve all rights in relation to Our Intellectual Property Rights.
18.2 Use of the App and Service Offer and entering into the Service Agreement does not transfer or assign any Intellectual Property Rights to the User under the Service Agreement. We retain ownership of all Intellectual Property Rights in the App, including any alterations or enhancements to the App.
18.3 Except as permitted by these Terms and Conditions, any use of our Intellectual Property Rights is strictly prohibited without our prior written consent.
18.4 The names, logos or badges of any other organisation and/or their associated products or services contained on the App may be the Intellectual Property Rights of their respective owners and are used under licence with their consent.
18.5 Except as permitted by law or under the Service Agreement, or unless You are a parent or legal guardian acting on behalf of a minor User, You must not use, replicate, reproduce, reverse-engineer, publish, licence, sub-licence, transfer licence, convey, distribute, transmit, transfer, display, perform, integrate into another program or system, create derivative works from, decompile, alter, modify or sell any parts of the App or any services, resources, benefits, features, functions, technologies, content, information and other material offered on the App without our prior written consent. This prohibition extends to any attempts to reverse-engineer or decompile the algorithms or techniques used in the App, which are proprietary and confidential.
19.1 We will not be liable to You for any loss, damage or expenses caused by any failure to meet Our obligations under the Service Agreement, where such failure is occasioned by causes beyond Our reasonable control, including: act of God; flood; earthquake; windstorm or other natural disaster; war; armed conflict; terrorist attack; civil war; civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; pandemic; any law or government order, rule, regulation or direction or any action taken by a government or public authority; fire; explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including electric power, gas or water; any labour dispute, including strikes, industrial action or lockouts; non-performance or delay by suppliers or contractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
20.1 Before court or arbitration proceedings may be commenced, other than for urgent interlocutory relief, the following steps must be taken to attempt to resolve any dispute that arises out of or in connection with the Service Agreement, including any dispute as to the validity, breach or termination of the Service Agreement, or as to any claim in tort, in equity or pursuant to any statute.
20.2 Notice of the dispute must be made in writing by the party claiming that a dispute has arisen to the other party under the Service Agreement, specifying the nature of the dispute, the desired outcome and the action believed will settle the dispute.
20.3 Upon receiving the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.
20.4 If within 10 Business Days of receiving the notice of dispute, the dispute is not resolved or an appropriate alternative dispute resolution process is not agreed, then the parties will refer the dispute to the Resolution Institute on the contact details found on the Resolution Institute Website for facilitation of a mediation in accordance with the Resolution Institute's Mediation Rules.
20.5 The parties must cooperate with the Resolution Institute as facilitator.
20.6 If within 10 Business Days after referral of the dispute to the Resolution Institute the parties have not agreed upon the mediator or other relevant particular, the mediator and any other relevant particular will be determined in accordance with the Resolution Institute’s Facilitation Rules.
21.1 Unless specified otherwise, all notices given under the Service Agreement must be made in writing as follows:
21.1.1 Notices to Octoverse must be sent:
21.1.1.1 By Registered Post to: 8/116 Melbourne Street, North Adelaide, SA 5006, Australia; or
21.1.1.2 By Email to: admin@octoversestudios.com
21.1.2 Notices to the User must be sent:
21.1.2.1 By Registered Post to the User’s billing address; or
21.1.2.2 By Email to the email address associated with the User’s account.
21.2 Where a notice is sent by Registered Post, it will be treated as having been received on the second Business Day after the date of posting.
21.3 Where a notice is sent by Email, it will be treated as having been received when it enters the recipient’s information system.
22.1 We respect Your privacy and are committed to protecting Your personal information.
22.2 These Terms and Conditions should be read in conjunction with Our Privacy Policy.
22.3 The privacy and safety of minors are of paramount importance and any person information relating to minors will be handled with utmost care and in accordance with privacy laws.
23.1 The Service Agreement constitutes the entire agreement between Octoverse and the User in relation to Your use of the App and the Service Offer, and supersedes any prior understanding, arrangement, representation or agreements between Octoverse and the User as to the subject matter contained in the Service Agreement. If the User is under the age of 18, the User confirms that they have obtained permission from a parent or legal guardian to use the App and the Service Offer.
24.1 Variations to the Service Offer can be made by either Octoverse or the User. Any variations are not binding or effective unless they are mutually agreed through the App.
25.1 No term of the Service Agreement merges on completion of any transaction contemplated by the Service Agreement.
25.2 Clauses headed: Service Fees, Billing and Payment; Termination and User Account Cancellation; Limitation of Liability and Disclaimer for the App; Indemnity; Confidentiality; Intellectual Property Rights; Dispute Resolution; Notices; Governing Law; and Legal Costs survive termination or expiry of the Service Agreement, together with any other term which by its nature is intended to do so.
26.1 If any of the terms of the Service Agreement are deemed unenforceable, illegal or void, then those parts may be severed, and the other parts of the Service Agreement remain unaffected and continue in full force and effect.
27.1 The Service Agreement and any obligations arising out of or in relation to these Terms and Conditions are governed by the laws of South Australia, Australia.
27.2 You acknowledge and agree that the courts of South Australia, Australia have exclusive jurisdiction to settle any claim or dispute which may arise out of or in relation to the Service Agreement.
28.1 We may recover all solicitor/client legal costs and expenses incurred by Us in enforcing the Service Agreement for any breach by You, whether actual or apparent.
29.1 If You have any questions about the Service Agreement; or if You have any complaints; or if You would like to report a breach of the Service Agreement; or if You have any issues in relation to the App or Service Offer; or if You otherwise have any feedback, please contact Us by sending an email to: admin@octoversestudios.com
29.2 Where Your contact relates to a complaint, breach or issue, We will take all reasonable steps to investigate the complaint, breach or issue and will take any action We consider appropriate in our sole and absolute discretion.
30.1 We reserve the right to alter, amend, modify or otherwise update the Service Agreement, Service Offer and the App in Our sole and absolute discretion, from time to time. However, if such changes are material and may substantially affect your rights or obligations, we will provide you with reasonable notice before the changes become effective. You acknowledge that the App does not replace medical advice or treatment and that safety reminders should be adhered to when using virtual reality, including awareness of the physical environment around the user.
30.2 These Terms and Conditions were last updated on 7 November 2024 and replace any other Terms and Conditions published by us to date. Updates to these Terms and Conditions will be effective immediately upon publication on the App.
30.3 Any new services, resources, benefits, features, functions, technologies, content, information and other material that may be added to the Service Offer and the App from time to time will be subject to the Service Agreement, unless stated otherwise.
30.4 You should check the App from time to time to make sure You are aware of any updates.
30.5 By continuing to use the Service Offer and the App after any updates, You agree that You have read, understood and accept to be bound by the Service Agreement, as altered, amended, modified or otherwise updated.
Last Updated: 28 June 2025