Terms of Use

Welcome to Glow.  We’re so glad that you are here.  Below are the terms of use for Glow (Terms).  We’ve put them together to make sure that we understand each other’s rights and obligations about your use of the Glow software application (Application).

  1. 1. Glow has been made by the Threshold Centre Pty Ltd (ABN 16 634 465 580) (Threshold) who owns and operates the Application.  In these Terms any reference to “we”, “us” and “our” means Threshold.

  1. 2. You agree to be bound by these Terms and acknowledge the terms of Threshold’s Privacy Policy that you can read over at  https://www.thethreshold.com.au/privacy-policy when you:

    a/ create an account on our website (Threshold Account);

    b/ access or use the Application; 

    c/ allow someone else to use the Application or your Threshold Account; or

    d/ or otherwise deal with the Application or Threshold.

  1. 3. Any reference to, “you” or “your” means the person that has created a Threshold Account or uses the Application (Account Holder).

  1. 4. Any reference to “User” means anyone at all that is not the Account Holder, including a child or children under the age of 18 years, that an Account Holder permits to use the Application, Content, Threshold Account or Licence (as defined below).

  1. 5. We may need to change these Terms. If we do, any changes or updates will be published at our website https://www.thethreshold.com.au and they will be binding on you.

  1. 6. Caring for a newborn can at times be really tough, if you do feel uncomfortable or distressed at any time as a new parent or care giver, please know that support is available. You can contact a support service such as Lifeline (13 11 14) or Parentline (13 22 89) if you are in Australia, or seek assistance at https://checkpointorg.com/global/. 

2. Account Holders and Users

2.1. To access and use the Application, you will need to create a Threshold Account.  

2.2. If you are under the age of 18 and you are creating a Threshold Account, you will need to get the consent of a parent or guardian and ask them to explain Terms to you.

2.3. By creating a Threshold Account, you warrant that you are over the age of 13 years and if applicable, that you have a parent or guardian’s consent to create the Threshold Account and use the Application.

2.4. Any audio led action, emails, postcards or sms that sent to you (Content) on or from the Application are intended for adults and families.  Glow has been made for parents and carers of new babies. The Content is not intended for children and we ask that you do not share it with anyone under the age of 18 years old. 

2.5. Whenever you allow another person to use the Application and your Threshold Account (User), you warrant to us that: 

a/ all Users are at all times appropriately supervised;

b/ you have explained these Terms to the User; and

c/ the location is safe and fit for purpose.

2.6. As an Account Holder, you acknowledge and agree that Threshold may send you Content via push notification text message, email or post (Content Carriers).

2.7. You acknowledge and agree that we rely on third party utilities and service providers to supply the Content via Content Carriers and at times, we may experience delays or difficulties sending Content to you by those Content Carriers.  Any delay or inability in sending Content via Content Carriers will not be a breach of the Licence. 

3. Licence and Permitted Use

3.1. You agree that your access to the Content is subject to you paying the purchase price in accordance with the payment terms at clause 4.

3.2. When you purchase access to Content, Threshold grants you a worldwide, non-exclusive, non-transferable licence to use and access that Content for the length of the access pass time notified to you (Access Term) so long as you comply with these Terms (Licence).  Your initial Access Term will be three (3) months or six (6) months depending on your licence selection.  At the end of the Access Term we will give you the option to extend the length of your licence for a further three (3) month period upon payment of a further Licence Fee. 

3.3. You acknowledge that your Licence does not transfer, assign or otherwise grant you any intellectual property right to any Content on the Application.

3.4. Your Licence is conditional on you agreeing that you and any User will not attempt to change, add to, remove, copy, replicate, deface, reverse engineer, hack or otherwise interfere with the Application or any Content.

3.5. You agree that Threshold can revoke your Licence, your Threshold Account or access to the Application, if it suspects that you or any User have misused the Application, Threshold Account or Licence (including by sharing your Threshold Account login details).  Threshold will investigate and take appropriate legal action for any illegal and/or unauthorised use of the Application or breach of these Terms.

4. Payment Terms

4.1. You agree to pay the licence fee published on our website https://www.thethreshold.com.au/glow or on the Application to purchase access to Content for the Access Term (Licence Fee).

4.2 The Licence Fee may vary depending on the length of the Access Term you nominate.  If you wish to extend your Access Term, you will be provided with an option to pay an additional Licence Fee.

4.3. You must pay the Licence Fee before we will grant you access to the Content.  We use third-party payment processors to process all Licence Fee payments.

4.4. The Licence Fee is a taxable supply and is subject to GST. You agree to pay GST of 10% in addition to the Licence Fee at the time of purchase.

4.5. You agree to pay any third-party payment processing fee (including any GST) at the time of purchase in addition to the Licence Fee.

4.6. We strongly encourage you to read the terms and conditions and privacy policies of any third-party payment processors you use to pay the Licence Fee.

4.7. You will be sent a tax receipt for the Licence Fee in response to payment to the email address you provide to us.  

4.8. You agree and acknowledge that Threshold can change the Licence Fee at any time.  We will give you notice of any changes to the Licence Fee.

5. Content, Information, Access + Use

5.1. We try our best to make sure that all Content, information, safety messages and warnings displayed in the Application are accurate, free from bugs and errors and are correct, although we cannot warrant that they are accurate, adequate or complete at any particular time.

5.2. By accepting these Terms and using the Application and receiving the Content, you acknowledge and accept that:

5.3. the Application, Content, information, safety messages and warnings may include incorrect information, technical inaccuracies and typographical errors;

5.4. the Application, Content and information will change from time to time without notice to you and it may not be accurate, complete or up to date at the time you use it; and

5.5. it is your responsibility to protect your own property, devices, system and your data when using the Application and receiving the Content.

5.6. We unfortunately cannot guarantee that your access to the Application or the Content will be uninterrupted or that the Application and Content is free from viruses or any other malware which may damage any computer, device, computer software or data using the Application.

6. Intellectual Property

6.1. Threshold warrants that it has the right to grant you the Licence.

6.2. Everything displayed on or via the Application, including without limitation all Content, information, images, audio files, graphics, illustrations, artwork, names, logos, trademarks, copy writing, and design features are our property, or property that we have been licenced or assigned the right to use (Threshold Intellectual Property). 

6.3. The Threshold Intellectual Property is protected by copyright, trademark and other intellectual property laws. You may not use the Threshold Intellectual Property for any other purpose other than to use and access the Application or Content, your Threshold Account or Licence in accordance with these Terms.

6.4. You acknowledge that if you copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast, circulate or exploit any Threshold Intellectual Property, you will be in breach of these Terms and we will suffer loss and damage.

6.5. You agree to account to us for any profit that you make and compensate us for any damage and loss arising out of a breach of Threshold’s Intellectual Property.

7. Termination

7.1. At any time, Threshold can suspend or terminate your Licence or your Threshold Account at our sole discretion by giving you 2 days’ notice.

7.2. If we suspect that you are or may be in breach of these Terms, we can cancel your Licence or your Threshold Account immediately.  We may contact you if we suspect a breach.

7.3. If you want to terminate your Licence or your Threshold Account, you may do so by notifying us at info@thethreshold.com.au. 

8. Limitation of Liability

8.1. You agree that your use and any User’s use and access of the Licence, Threshold Account, the Application and Content is subject to you acknowledging and agreeing that:

8.2. To the full extent permitted by law, Threshold isn’t responsible for any injury, harm, loss or damage suffered or caused directly or indirectly arising from the use or access of the Licence or Application of any User or Account Holder.

8.3. Your use, and use by any User you permit to use the Application, is at your own risk and you will hold us harmless for any loss or damage that you, any User or any third party suffers in connection with the use of the Application, Licence or Threshold Account.

8.4. Subject to any law, such as the Australian Consumer Law, our maximum liability to you will be limited to any Licence Fee that you have paid to use and access Content on the Application. 

8.5. The Application may contain links to other websites operated, controlled or produced by third parties including third party payment processors. Threshold does not control, endorse, sponsor or approve of any third-party website or its content and does not provide any warranty or take on any responsibility relating to your access and use of third-party websites.  We advise you to check all third-parties privacy policies and terms and conditions before using their services.

9. Indemnity

You agree to indemnify us from and against any and all liabilities, costs, demand, causes of action, injuries, damages, claims and expenses (including legal fees) arising out of, directly or indirectly, your breach or any User that you permit to you the Application’s breach of these Terms, your use and access of the Application, any User’s use and access of the Application through your Threshold Account, any breach of Threshold’s Intellectual Property rights.

10. Severability

If any clause/s in these Terms aren’t unenforceable or are invalid under any applicable law, such unenforceability or invalidity does not make these Terms unenforceable or invalid as a whole. Any unenforceable or invalid provisions can be deleted without affecting the remaining provisions in these Terms.

11. Assignment

We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

12. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You submit yourself to the state and federal courts located in the State of Victoria, Australia for the resolution of any disputes.