USER TERMS AND CONDITIONS

1. INTRODUCTION
1. 1.1. The Rainscape App made available through a mobile application is owned and operated by Sonic Meditation Pty Ltd (ACN 686 909 562) (Rainscape, we, our or us).
2. 1.2. By downloading, accessing and using the Rainscape App, you acknowledge that you have read, understood and accept these Rainscape App User Terms and Conditions (agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this agreement, you must not access and use the Rainscape App.
3. 1.3. In this agreement, you and your means the individual who accesses or uses the Rainscape, and whose details are listed in the Access Portal (and includes anyone acting on your behalf or with your express or implied authority).
2. RAINSCAPE APPLICATION
1. 2.1. The Rainscape App is a mobile application for streaming ambient rain sounds that assists users to relax, sleep or concentrate and focus the mind.
2. 2.2. By downloading, accessing and using the Rainscape App, Rainscape grants you a non-exclusive, non-transferable, personal, revocable and non-sublicensable license to download, install, access and use the Rainscape App for the Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
3. SUBSCRIPTION TERM
1. 3.3. This agreement will commence on the date you download and access the Rainscape App (Commencement Date) and shall continue until terminated in accordance with clause 18 (Term), unless you terminate the agreement during the Trial Period in accordance with clause 3.2.
2. 3.4. If you do not wish to continue to access and use the Rainscape App following the expiry of the Trial Period, you must terminate the agreement prior to the expiry of the Trial Period by cancelling your subscription through the App Store or Google Play Store on your mobile device.
4. CHANGES
1. 4.4. We reserve the right to change any provision of this agreement in any way, and we may, in our absolute discretion, add, change or remove any functions or features of the Rainscape App, user, Subscription Fees or any other ancillary products or services offered on, or via, the Rainscape App with, or without notice, to you.
2. 4.5. If we provide you with notice of changes to this agreement, we shall do so either by email or by posting it on the Rainscape App.
5. REGISTRATION AND ACCESS
1. 5.1. To access and use the Rainscape App, you must:
  1. (a) download the Rainscape App onto your mobile device (available on the App Store and the Google Play Store);
  2. (b) unless you enter as a guest:
    1. (i) register with us and setup an account (Account). The Account will be operated by a username (Username) and password (Password) of your choosing. You can change your Password any time by accessing the Access Portal on the Rainscape App; and
    2. (ii) provide only accurate, complete registration information and Personal Information (including full name, mobile number and email address) and you will update that information if it changes. All Personal Information as well as the information you provide to register, is subject to our Privacy Policy
2. 5.2. You are responsible for:
  1. maintaining control over, and the confidentiality of, your Account, Username and Password.
  2. keeping your Account registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the Rainscape App.
  3. notifying us in writing of any unauthorised access to, or use of, your Account, Username or Password; and
  4. for all activities or transactions that occur using your Account or when you access the Rainscape App as a guest. We are not liable for any loss or damage arising out of or in connection with, any unauthorised access or use of, your Account, Username and Password.
3. 5.3. We may at any time request that the owner of the Account provide identification to verify their identity.
4. 5.4. We have the right to suspend or terminate your Account or your access to or use of all or any part of the Rainscape App, at any time, if, in our opinion, you misuse the Rainscape App or you fail to comply with any of the provisions of this agreement.
6. YOUR OBLIGATION
1. 6.1. When accessing and using the Rainscape App, you must at all times:
  1. (a) obtain and maintain all hardware, software and communications equipment necessary to download, access, and use, the Rainscape App;
  2. (b) comply with all Relevant Laws with respect to your obligations under this agreement; and
  3. (c) comply with all of our directions, policies and guidelines advised in writing to you or as displayed on the Rainscape App from to time to time; and
  4. (d) provide accurate, up-to-date information when setting up your Account.
2. 6.2. Rainscape will not be liable to you or anyone else if, for any reason, the Rainscape App is unavailable at any time or for any period. From time to time, Rainscape may suspend or restrict access to all, or some parts of the Rainscape App. You are responsible for making all arrangements necessary for you to download, access and use the Rainscape App.
3. 6.3. You must not:
  1. (a) introduce, access, store, distribute or transmit any viruses, worm, trojan or other malicious code into the Rainscape App.
  2. (b) violate any Rainscape IP or any third party’s Intellectual Property Rights.
  3. (c) copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the Rainscape App, or any other third party software that you may access or use through the Rainscape App, in any way.
  4. (d) access all or any part of the Rainscape App in order to build a product, service or code which competes or reproduces the Rainscape App (in full or part);
  5. (e) modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Rainscape App in any way, or otherwise learn the source code or algorithms underlying the Rainscape App.
  6. (f) license, sell, rent, lease, sub-let, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, encumber or otherwise make the Rainscape App available to any third party.
  7. (g) use the Rainscape App for any unlawful purpose or other purpose not authorised by Rainscape in writing; and
  8. (h) share or transfer your Account, Username and Password to others; and
  9. (i) engage in any activity or conduct that is in breach of any Relevant Laws.
7. SUBSCRIPTION FEES
1. 7.1. Except during the Trial Period, to access and use the Rainscape App, you must pay the Subscription Fee and other amounts owing to us under this agreement during the Term. The Subscription Fees are payable in advance (either on a monthly, annual and one-time (life-time) basis) in accordance with the Direct Debit Authority.
2. 7.2. All Subscription Fees are in Australian Dollars and are exclusive of Taxes, which are payable in addition. To the maximum extent permitted by Relevant Laws agreement and except as otherwise stipulated in this agreement, the Subscription Fees and all other amounts owing to Rainscape under this agreement are non-refundable.
3. 7.3. When setting up your Account, you will be offered payment options to pay the Fees. Rainscape may, at our absolute discretion and without notice to you, change the payment method that can be used to access and use the Rainscape App at any time.
4. 7.4. Payment of the Subscription Fees and all other amounts owing to Rainscape under this agreement are made by means of direct debit in accordance with the Direct Debit Authority in clause 8. By making payment of the Fees or any other amount owing to Rainscape under the agreement, you will provide our Third-Party Payment Processors with accurate and complete billing information, and you authorise our Third-Party Payment Processors to access your billing information (including Personal Information) for the purpose of processing your payment.
5. 7.5. Rainscape may increase our Fees for the provision of the Rainscape App or charge additional fees to access new functions or features of the Rainscape App at any time upon 30 days’ written notice to you. The fee increases will come into effect in the next billing cycle. If you do not agree to these fee increases, you may terminate this agreement by cancelling your subscription after the date you received written notice of the fee increases.
8. DIRECT DEBIT AUTHORITY
1. 8.1. By accepting this agreement, you authorise our Third-Party Payment Processors to debit from your credit or debit card or bank account (as applicable) the Fees (or any other amount owing to Rainscape under this agreement) as and when such fees are due and payable under this agreement (Direct Debit Authority).
2. 8.2. Unless you purchase a one-time (life-time) subscription:
  1. (a) renewals will automatically occur on a monthly or annual basis (depending on which one you choose), you may cancel or change your Direct Debit Authority by accessing the App Store or Google Play Store and cancelling your Account at any time; and
  2. (b) if you cancel the Direct Debit Authority, Rainscape will not be able to provide you with access to, and use of, the Rainscape App beyond the current billing cycle, unless you provide our Third-Party Payment Processors with a new Direct Debit Authority.
3. 8.3. It is your responsibility to ensure that there are sufficient funds available on your credit or debit card to allow each debit to be made in accordance with the Direct Debit Authority. If there are insufficient funds:
  1. (a) the transaction will be rejected, and the payment will be treated as if it were never made;
  2. (b) your financial institution may charge you a fee and/or interest; and
  3. (c) you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so that our Third-Party Payment Processors can process the debit.
4. 8.4. It is your responsibility to check your credit or debit card, or bank account statement (as applicable) to verify that the amounts debited from your credit or debit card or bank account are correct.
5. 8.5. If you believe that an error has been made in debiting your credit or debit card or bank account (as applicable), you should update your credit or debit card or bank account details by accessing the App Store or Google Play Store (as applicable) as soon as possible.
6. 8.6. Unless you purchase a one-time (life-time) subscription, if you cancel the Direct Debit Authority, your right to access and use the Rainscape App will cease at the end of the current billing cycle. If you wish to use the Rainscape App again in the future, you will have to resubscribe (if you have not deleted your Account) or you will need to create a new Account (if your old Account has been deleted) and pay the Fees prevailing at the time.
9. INTELLECTUAL PROPERTY RIGHTS
1. 9.1. You acknowledge that Rainscape, or its licensors, are the owners of the Rainscape App (and any Intellectual Property Rights contained therein) including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the Rainscape App (including any modifications, enhancements of the foregoing) (collectively, Rainscape IP)).
2. 9.2. Accessing and using the Rainscape App does not give you (or anyone else) ownership of, or any right, title or interest Rainscape IP.
10. OUR OBLIGATIONS
1. 10.1. Subject to your compliance with the terms of this agreement, during the Term, Rainscape shall use reasonable endeavors to provide you with access to and use of Rainscape App.
2. 10.2. In the event that we fail to provide you with access and use of the Rainscape App in accordance with clause 10.1, we will use reasonable endeavours to correct any such non-conformance or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 10.1.
11. NO WARRANTIES
1. 11.1. To the maximum extent permitted by Relevant Laws, Rainscape excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the Rainscape App.
2. 11.2. Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other international, national, State or Territory legislation where to do so is unlawful.
3. 11.3. You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, Rainscape make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency, validity or security of the Rainscape App and Rainscape will not be liable if the Rainscape App, becomes unavailable for any reason, including directly, or indirectly as a result of:
  1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault.
  2. negligent, malicious, willful acts or omissions of third parties (including third party service providers) or other users.
  3. maintenance or repairs carried out by Rainscape or any third party service provider in respect of any of the systems used in connection with the provision of the Rainscape App.
  4. services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
  5. A Force Majeure Event.
4. 11.4. You acknowledge that, to the maximum extent permitted by Relevant Laws, Rainscape does not make any warranty or representation that:
  1. your access to, and use of, the Rainscape App will be uninterrupted, virus-free or error-free; and/or
  2. the Rainscape App will be accurate, complete, reliable, current or is suitable for any particular purpose or use under any specific conditions, and so, is provided on an “as is” basis.
5. 11.5. You acknowledge that your access to, and use of, the Rainscape App may be interrupted or unavailable during scheduled or unscheduled maintenance.
12. LIMITATION OF LIABILITY
1. 12.1. To the maximum extent permitted by Relevant Laws, Rainscape will not be liable to you or any third party for:
  1. (a) any Claims or Losses (including Consequential Loss); or
  2. (b) loss of, or damage to, any property or any personal injury, illness or death to you, any third person,
    arising out of, relating or connected to, the provision or use of the Rainscape App (and any products or services made available through the Rainscape App) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
2. 12.2. All risk in using the Rainscape App passes to you upon creating an Account or otherwise using the Rainscape App (whichever is earlier). Rainscape assumes no responsibility and we have no liability to you or anyone else for any use of, or reliance on, any Content and/or Third Party Products and Services obtained or generated from your access to, and use of, the Rainscape App.
3. 12.3. To the maximum extent permitted by Relevant Laws, under no circumstances will Rainscape’s aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the amount you paid to Rainscape under this agreement in the one month immediately preceding the date on which the Claim giving rise to such liability arose.
4. 12.4. You agree to defend, indemnify and hold Rainscape, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims or Losses, that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:
  1. (a) your access to, and use of, or reliance on the Rainscape App (including the Content and Third Party Products and Services);
  2. (b) the use by you or any third party of the Rainscape App;
  3. (c) any breach of our or any third party’s Intellectual Property Rights or other rights caused by you; or
  4. (d) any breach by you of this agreement.
13. THIRD PARTY PRODUCTS AND SERVICES
1. 13.1. You acknowledge that the Rainscape App may require you to use or access Third Party Products and Services and that you do so solely at your own risk.
2. 13.2. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such Third-Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third-Party Products and Services.
3. 13.3. We recommend that you refer to the Third-Party Provider’s terms and conditions and privacy policy prior to using the relevant Third-Party Products and Services.
4. 13.4. Rainscape does not endorse, sponsor or approve any Third-Party Products and Services used in conjunction with the Rainscape App. It is your sole responsibility to determine that specific products or services meet your business and are suitable for the purposes for which they are used.
5. 13.5. Any rights you may have to access Third Party Products and Services shall be limited to:
  1. (a) the extent of Rainscape’s ability to pass on such rights to you; or
  2. (b) the relevant Third-Party Provider’s licensor terms.
14. PRIVACY
All Personal Information you provide to open an Account and any other information you upload, generate, share, or publish on, or via, the Rainscape App, is subject to Rainscape’s Privacy Policy, which is incorporated into this agreement. Rainscape will not share, sell or disclose your Personal Information to any third party. You warrant that any Personal Information or any other information disclosed by you to Rainscape on, or via, the Rainscape App:
1. 14.1. it has been collected in accordance with Privacy Laws;
2. 14.2. you have the authority to upload, post, publish or otherwise transmit such information on, or via, the Rainscape App; and
3. 14.3. you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for Rainscape to use, disclose, store, transfer, process or handle it.
15. TERMINATION
1. 15.1. During the Term you may terminate this agreement at any time by deleting the Rainscape App or your Account.
2. 15.2. We may terminate or discontinue the Rainscape App or any major functions or features of the Rainscape App at any time (without liability to you, except Rainscape will provide you with a pro rata refund of the Fees for the unused portion of the Term) by 14 written notice to you, or by otherwise posting it on the Rainscape App or the Website.
3. 15.3. You agree that Rainscape may, at any time and at its sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):
  1. (a) your Account; and/or
  2. (b) the Rainscape App; and/or
  3. (c) any social media pages linked to its business or the Rainscape App; and/or
  4. (d) any other products and services offered on, or via the Rainscape App (including Third Party Products and Services).
4. 15.4. Cause for such suspension or termination under clause 15.3 may include, but are not limited to:
  1. (a) any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy) and any other agreements entered into between the parties.
  2. (b) serious or repeated breaches or violations of Rainscape’s or another person’s Intellectual Property Rights or privacy rights.
  3. (c) your failure to pay the Fees to access and use the Rainscape App;
  4. (d) your activities, conduct or transactions on, or, via, the Rainscape App, brings, or has the capacity to bring, Rainscape into disrepute.
  5. (e) requests by law enforcement or other government agencies.
5. 15.5. You agree that all such suspensions or terminations shall be made at Rainscape’s sole discretion and that Rainscape shall not be liable to you or any third party for any such suspension or termination.
16. EFFECT OF TERMINATION
On termination of this agreement for any reason:
1. 16.1. Rainscape will disable your Account and you will no longer be able to access and use the Rainscape App. All information that is no longer needed will be securely destroyed or de-identified within 30 days of the effective termination of this agreement; however, Rainscape will be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws; and
2. 16.2. all licences to use the Rainscape App granted under this agreement will immediately terminate.
17. FORCE MAJEURE EVENT
Rainscape shall not be responsible to you (or anyone else) if we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, hacker attacks, denial of service attacks, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).
18. DISPUTE RESOLUTION
1. 18.1. Any party claiming a dispute exists under the agreement must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought.
2. 18.2. The parties must attempt in good faith to resolve any dispute between them first.
3. 18.3. If the dispute cannot by resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.
4. 18.4. Each party must continue to fulfil its obligations under this agreement notwithstanding the existence of any unresolved dispute.
19. NOTICES 
1. 19.1. By accessing and using the Rainscape App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Rainscape App or our Website.
2. 19.2. You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing. 
3. 19.3. Notice will be deemed received and properly served immediately when posted on the Rainscape App or Website or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Access Portal.
20. UPDATES AND VARIATIONS
1. 20.1. Without notice to you, Rainscape may, at our absolute discretion, from time to time:
  1. (a) change, add or delete the functions, features, performance, or other characteristics of the Rainscape App; or
  2. (b) apply or install updates to, or new versions of, the Rainscape App.
2. 20.2. You acknowledge that the Content on the Rainscape App is subject to change at any time and may be out of date at any given time. Rainscape are under no obligation to:
  1. (a) update, correct or fix any Content or errors in the Rainscape App; and/or
  2. (b) notify you of any changes to the Content or the Rainscape App unless required by a Relevant Law to do so.
3. 20.3. Some of the provisions contained in this agreement may also be superseded by provisions or notices published elsewhere on the Rainscape App. Any changes are effective immediately upon posting to the Rainscape App. Your continued use of Rainscape App thereafter constitutes your acceptance of all such changes to the agreement.
4. 20.4. Please read this agreement before using the Rainscape App as the agreement may have changed since the last time you accessed and used the Rainscape App. If you do not agree to any change, then you must immediately cease using the Rainscape App.
21. SUPPORT SERVICES
1. 21.1. Rainscape may, at our absolute discretion, provide you with customer support services during Business Hours in accordance with Rainscape standard support services and maintenance policy (as amended from time to time).
2. 21.2. If you require customer support services or you are having difficulties accessing and using the Rainscape App, you may contact us via email at support@rainscape.io.
22. GENERAL
1. 22.1. If any provision in this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.
2. 22.2. No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by this agreement.
3. 22.3. You agree to not, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement (without first seeking our written consent).
4. 22.4. This agreement, and any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).
5. 22.5. Provisions of this agreement which are either expressed to survive its termination, or from their nature or context it is contemplated that they are to survive, will remain in full force and effect notwithstanding such termination. Without limitation, the parties agree that clauses 6.2, 7, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 22 will survive the termination of this agreement. Further, any indemnity obligations under this agreement are independent and survives termination of this agreement.
6. 22.6. The laws of New South Wales, Australia govern this agreement. You agree to submit to the exclusive jurisdiction and authority of the Courts of New South Wales, Australia.
23. DEFINITIONS
In this agreement, the following words shall have the following meanings:
1. (a) Access Portal means the self-service portal on the Rainscape App used by you to access and use, the Rainscape App.
2. (b) Account has the meaning in clause 5.1(b)(i).
3. (c) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
4. (d) Business Days means each day excluding Saturdays, Sundays and public holidays in New South Wales.
5. (e) Business Days means 9:00am to 5:00pm on Business Days.
6. (f) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
7. (g) Commencement Date has the meaning in clause 3.1.
8. (h) Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the Rainscape App.
9. (i) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties on the Commencement Date as a likely result of breach of the agreement:
  1. direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense.
  2. loss of revenue, profit, income, bargain, opportunity (including marketing or advertising opportunity), use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data;
  3. costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
  4. loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.
10. (j) Fees means the fees payable by you to access and use the Rainscape App as further described on the Rainscape App.
11. (k) Force Majeure Event has the meaning in clause 18.
12. (l) Insolvency Event means bankruptcy, liquidation or winding up, the appointment of a controller, administrator, receiver, manager, trustee in bankruptcy or similar insolvency administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to the above events.
13. (m) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.
14. (n) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
15. (o) Password has the meaning in clause 5.1(b)(i).
16. (p) Personnel means any director, officer, or employee or contractor, of a party.
17. (q) Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
18. (r) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
19. (s) Privacy Policy means our privacy policy available on the Rainscape App or Website (or such other web address notified by us to you from time to time), which is incorporated into this agreement.
20. (t) Rainscape, our, us or we have the meaning in clause 1.1, and where the context permits, includes its Personnel and Affiliates.
21. (u) Rainscape App means the streaming service playing ambient rain sounds (including all Intellectual Property Rights contained therein) made available to users via a mobile application.
22. (v) Rainscape IP has the meaning given to it by clause 9.1.
23. (w) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.
24. (x) Subscription Term has the meaning in clause 3.
25. (y) Term has the meaning in clause 3.1.
26. (z) Taxes means any local taxes of any kind, including duties, levies, tariffs, charges, contribution, imposts or any similar charges (including without limitation, sales taxes, use taxes and value added taxes), whether or not similar to any in force at the Commencement Date or anytime thereafter, and imposed by a Government Agency in any of the countries to which this agreement applies.
27. (aa) Third Party Products and Services mean any software, products, services or content (including all Intellectual Property Rights contained therein) that:
  1. are provided by third party providers.
  2. interoperate with the Rainscape App; or
  3. may be identified as third party products or services.
28. (bb) Third-Party Payment Processors means Apple Pay, Google Pay and any other third party payment processor permitted by Rainscape from time to time.
29. (cc) Trial Period means seven consecutive days from the date you register and set up your Account.
30. (dd) Username has the meaning in clause 5.1(b)(i).
31. (ee) you or your has the meaning in clause 1.3.