End User Licence Agreement – Livinity App

1.              General

• By checking the box next to “I agree” or otherwise accessing or using the Livinity app and the services contained on same (“App”) provided by Serenitas Management Pty Ltd, Serenitas Finance Pty Ltd, Serenitas Communities Holdings Pty Ltd, Serenitas Finance II Pty Ltd, Serenitas Finance III Pty Ltd, Serenitas Communities AB Pty Ltd, Serenitas Communities CD Pty Ltd, Serenitas Development II Pty Ltd, Serenitas Development Pty Ltd, Poolroom Funds Management Pty Ltd, Poolroom Bidco Pty Ltd, Poolroom Holdco Pty Ltd, Poolroom Midco Pty Ltd and each trust and subsidiary we own or control (collectively “SERENITAS”), users (“you”, “your”) acknowledge that you have read, and agree to be bound by, the following end user licence agreement terms (“Terms”).

• SERENITAS reserves the right to make changes to these Terms from time to time. SERENITAS will notify you of such changes through the App. Your continued use of the App constitutes your acceptance of the amended Terms.
• You must not use the App if you are:
  • not a current resident of a SERENITAS village, or staff member of SERENITAS;
  • not the individual assigned to the account through which you are accessing the App; or
  • not at least 18 years of

2.              Account

• Your experience of the App will depend on the type of account you hold – see Schedule 1 for more
• If you are a home owner, you will be creating a personal account (“Power User” or “General User/Home Owner”, as applicable) and your login credentials will be created by you. If you have a Power User or Home Owner account:
  • your account will be disabled if you move out of your SERENITAS village; and
  • should you relocate to another SERENITAS village following your vacating the SERENITAS village referred to in clause 2(b)(1), SERENITAS is entitled at its discretion to transfer across information required to generate your account (such as personal identifiers, contact details).

3.              Licence

• As long as you comply with these Terms, SERENITAS grants you a non-exclusive, non- transferable, non-sublicensable, revocable, royalty- free, limited right to use the App for your personal purposes, subject to clause 3(b).

• To the extent that the licence granted in clause 3(a) is of content embodying third party software used by SERENITAS under licence, the terms of your licence are limited to the terms of the third party licence.

4.              Your Account

• To complete the registration of your account on the App, you must provide accurate and up-to-date information pertaining to your identity for verification purposes, which may include your full name, village name, house number, street address, position, email address, and telephone number (mobile).
• You agree that you are responsible for maintaining the confidentiality of your account credentials, and for all activities that occur via your account. As such, you agree to:
  • protect your account from unauthorised access or use; and
  • notify us immediately if you become aware your account credential have been lost, shared, compromised or

5.              Acceptable use

5.1                General obligations

In using or accessing the App, you must uphold any community rules, park rules, and village policies applicable to your village (“Community Rules”). These Community Rules, together with these Terms, outline SERENITAS’ standards regarding the content that you post to the App and your activity on the App.

5.2                Prohibitions

In using or accessing the App, you must not:

• share, transfer or sell account credentials with others;
• attempt to gain unauthorised access to any materials, documents or code other than which you have been given express permission to access, or to the computer system on which the App is hosted;
• transmit or upload to our products any files, code or programs that may compromise, damage or corrupt the IT infrastructure, devices, data or software of SERENITAS or any third party;
• make use of any resource or functionality supplied by SERENITAS to an extent deemed excessive by us, such as actioning excess file uploads and downloads;
• engage in any form of data extraction or data mining in relation to the App;
• use any robot, botnet, script, spider or other automatic device or manual process in or on the App;
• engage in any illegal, unlawful, fraudulent, defamatory, harmful or inappropriate activity;
• engage in any activity that is otherwise deemed by SERENITAS to be contrary to the way the App is designed or permitted to be used;
• interfere with or disrupt the integrity or performance of the App or third-party services or data contained therein, or engage in any activity that otherwise adversely affects other customers’ or users’ use of, or access to, the App; or
• use the App for the purpose or effect of:
  • disseminating surveys, contests, pyramid schemes, chain letters or any other form of spam;
  • sending any electronic communication that is or relates to a ‘Mobile Premium Service’ within the meaning of the Mobile Premium Services Code (C637:2009) published by Communication Alliance Ltd;
  • sending any electronic communication in contravention of the Spam Act 2003 (Cth), including by failing to include a functional unsubscribe facility with every communication;
  • infringing the intellectual property rights of any person, including but not limited to the misuse of the trade marks owned by SERENITAS or its third party providers;
  • engaging in misleading or deceptive conduct or misrepresenting your Products to third parties, including by implying that SERENITAS endorses you or your Products;
  • engaging in disruptive or anti-social online behaviour, including flaming, trolling, flooding, invading, impersonating others, off-topic messaging, uploading unnecessary ASCII art files, uploading multiple identical or hard-to-read or nonsense messages;
  • embarrassing, humiliating, defaming, spamming, compromising the privacy of, harassing or intimidating any person;
  • publishing or supplying content embodying or depicting any sexually explicit, pornographic, violent or offensive subject-matter;
  • communicating with a minor other than for and with a lawful and bona fide purpose and effect;
  • embodying links to inappropriate websites, including websites associated with pornography, violence or gambling;
  • mining any database;
  • laundering money or other things of value;

• trading in illegal goods or services;
• breaching your obligations under any contract arising out of your use of the App; or
• engaging in any (other) unlawful

5.3                Our rights

If you operate any botnet where a hostname is used as command and control points, SERENITAS or our third party providers may direct the relevant hostname to a honeypot, loopback address, logging facility or any other destination.

5.4                User submitted content

• When you submit any materials via the App including comments, messages, text, files, images, photos, video, sounds, recordings and other materials (“Content”), you:
  • license and grant SERENITAS a non- exclusive, transferable, sub-licensable, royalty-free, worldwide, irrevocable, perpetual right to use, reproduce, modify, adapt, publish and display such Content for the purposes of providing the App, and exercising our rights and performing our obligations under these Terms (including but not limited to making and storing copies of such Content on our servers, and communicating such Content to the public in response to your instructions);
  • warrant that all individuals involved in the creation of such Content have or will consent to any infringement of any moral rights they may have in relation to those materials and waive all right, title and interest they may have in any right, action or remedy against SERENITAS for infringement of those moral rights; and
  • warrant that you have the full authority to grant the rights detailed in clause 4(a)(1).
• You agree that you are fully responsible for the Content you submit or make available on the App. To the fullest extent permitted by law, SERENITAS is not liable in any way for any such Content.
• SERENITAS may remove any Content without notice for any reason whatsoever.
• You warrant and agree that:
  • you must not submit any Content that is unlawful or fraudulent or that SERENITAS may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18, or otherwise unsuitable for publication;

• you must obtain prior consent from any person that appears in your Content, and the owner or resident (as applicable) of any property that appears in your Content;
• you must obtain full prior consent from any person who has jointly created or has any rights in the Content to these Terms;
• your Content must not contain viruses or cause injury or harm to any person or

• You understand that SERENITAS does not control and is not responsible for content made available through the App unless it originates from us. Consequently, by using the App you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the App at your own risk and to the fullest extent permissible by law, SERENITAS does not accept liability for any such content.
• SERENITAS gives no warranty that it will maintain back-up of, or disaster recovery facilities in relation to, Content.

6.              Intellectual Property Rights

• You acknowledge that SERENITAS and its licensors owns all legal rights, title and interest in and to the App, and the content which originates from us and is made available through the App, and nothing in these Terms constitutes a transfer or assignment of any intellectual property rights by
• You must not modify, alter, adapt, translate, prepare derivative works from, decompile, reverse engineer, infiltrate, sabotage, disassemble, scrape, or interface (without permission of SERENITAS), or otherwise attempt to derive source code or mine data from any component of the App, or documentation or create or attempt to create a reproduction, substitute or similar service or product through use of or access to the App.
• You must not use, register or attempt to register any trade marks or domain names that are derived from, substantially identical with, or deceptively similar to, those of SERENITAS or those otherwise used on the App.
• You agree that SERENITAS may collect, use and share technical data, usage statistics and related information (“Data”) that is gathered periodically to facilitate the provision of updates, address enquiries and conduct other activities related to the App. SERENITAS and third parties may additionally monitor, use and store Data to improve the App.
• You acknowledge that SERENITAS may use and sell to third-parties Data and information extrapolated from the Data, and you provide your express consent to SERENITAS generating, using and commercialising the Data in this way.

• You acknowledge that SERENITAS may be required by law or regulation to provide data collected from the App to a government or regulatory authority and you consent to the provision of any such Data or information.

7. Confidentiality

• The Recipient Party must keep confidential the Confidential Information and must not, without the Disclosing Party’s prior written approval:
  • disclose the Confidential Information; or
  • use the Confidential Information other than for the purpose of these Terms.
• The Recipient Party must not, and must ensure that its employees, agents and any sub-contractors engaged for the purposes of these Terms do not make public or disclose the Disclosing Party’s Confidential Information.
• The Recipient Party must use commercially reasonable efforts to ensure that all Confidential Information of the Disclosing Party in its custody is protected at all times from unauthorised access or use by a third party, and from misuse, damage or
• The Recipient Party must on demand, return to the Disclosing Party any Confidential Information supplied by the Disclosing Party in connection with these Terms within 5 days of a demand from the Disclosing Party.
• The Recipient Party is not in breach of this

clause 7 in circumstances where when dealing with the Confidential Information:

• it is legally required to disclose it; or
• the Recipient Party discloses it to its related body corporate, related entities, personnel, solicitors, auditors, insurers or accountants for the purposes of these

• In this clause 7:
  • “Confidential Information” means all information disclosed by or on behalf of the Disclosing Party, concerning or relating to:
    • know-how, trade secrets, ideas, marketing strategies, operational information, technical information and financial information;
    • proprietary software tools, business processes, project management methodologies and tools, software testing and verification methods, solution architecture models and solutions;

• its business affairs (including products, services, customers and suppliers); and
• other information, which, by its nature or by the circumstances of its disclosure, is or could reasonably be expected to be regarded as confidential,

• but excluding any such information:
  • which is publicly known;
  • which is disclosed to the other party without restriction by a third party (other than the Disclosing Party) and without any breach of confidentiality by that third party; or
  • which is developed independently by the other party without reliance on any of the confidential information;
• “Disclosing Party” means the party which discloses, communicates or gives access to its Confidential Information, to the other party under these Terms, as the context requires; and
• “Recipient Party” means the party which receives or is given access to Confidential Information from the Disclosing Party under these Terms, as the context

8.              Availability and support

• Except as otherwise agreed, SERENITAS makes no warranty, and has no obligation to ensure that, the App is:
  • available for use at all times or at any given time;
  • compatible with the third party software or chosen internet browser you choose to access the App; or
  • error-free, or free from viruses, bugs or malicious computer codes.
• SERENITAS and its third party providers do not, and are not obligated to provide, any technical or other support for the provision of the App to you.

9.              Competitions and promotions

• Certain parts of the App may contain competitions or promotions from SERENITAS or third parties.
• The terms and conditions for those competitions and promotions will be specified on the relevant part of the App from time to By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions.

• Notwithstanding any specific terms and conditions, SERENITAS specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the App without any liability to you.
• The promotion of goods or services on the App are invitations to treat SERENITAS does not sell or guarantee these goods and/or services, instead such order is subject to any specific terms and conditions specified by the third party.

10.       Third party products

• SERENITAS may allow you to request, book, pay for, buy or use (an Order) for activities or events, products or services (collectively, Products) offered for sale, hire or purchase by SERENITAS or by a Seller (as defined in clause 10(c)).
• The terms in clause 10 apply to the extent that Sellers offer their Products for you to Order through the App.
• Unless otherwise stated, information displayed on the App about Products offered to you is provided by a business who is authorised to use our Service to offer its Products (Seller). This includes (but is not limited to) product or service descriptions, inclusions or exclusions, images and availability. SERENITAS is not responsible for such information and SERENITAS relies on the accuracy of the information supplied by the
• The promotion of Products on the App are invitations to treat only. SERENITAS does not endorse or recommend any Product that may be offered through the App. You must use your own judgment when deciding whether a Product is suitable for you, and your selection and use of any Product is at your own risk.
• If SERENITAS becomes aware that the information provided by a Seller is incorrect or incomplete, SERENITAS reserves the right to but is not responsible for correcting the information.
• You acknowledge that Products offered for Order may be withdrawn at any time.
• When you use the App to Order a Product, SERENITAS may receive a commission from the Seller or third-party provider of that activity, event, good or service.
• A Seller may impose additional terms and conditions on your purchase. Please read such terms and conditions carefully before proceeding. By creating an Order you signify your intention to be bound and abide by those additional terms and
• Where you use a link provided on the App to Order a Product, you agree to pay the applicable fees for your Order (Fees) using the payment method you nominate in that transaction.
• To the extent applicable, you agree to comply with any third party payment gateway provider terms and conditions in connection with your Order.
• You understand that, given the nature of the Products you may procure through the App, in some cases cancellations, refunds or returns will not be available, including for change of mind or where you have made an error or mistake in completing and finalising your Order. Cancellations, refunds or returns are regulated by the Seller’s terms and conditions, and SERENITAS has no control over such terms.

11. Warranties

• You warrant to us that:
  • you are at least 18 years of age;
  • you have full power and authority to enter into these Terms;
  • all information that you provide to SERENITAS whether directly or through the App is true, accurate and complete;
  • you will not allow any unauthorised access to, or use of, the App and you will notify SERENITAS immediately upon becoming aware of any unauthorised access or use; and
  • you will comply with any applicable laws, standards or regulations in respect of your access to or use of the App.
• The App may contain links to other websites and content created by people other than SERENITAS, and (depending on your use of the App) may rely on data from third party databases. SERENITAS does not endorse, sponsor, approve or accept any responsibility or liability for the content available on any linked websites, or the accuracy of any third party database. The placement of third party advertisements on the App does not necessarily constitute the recommendation or endorsement of SERENITAS for such goods or The third party advertiser is solely responsible to you for any representations or offers made by it and for any goods or services which you agree to purchase from those third parties.

12.       Limitation of liability

• You acknowledge and agree that your ability and entitlement to access the App is subject to:
  • your compliance with your obligations under these Terms, and any other limitation or exclusion set out in same; and
  • your third party hardware and software (including browser of choice) meeting the minimum operating requirements for the App, as may be detailed on the App or

other documentation and updated from time to time.

• You acknowledge and agree that, SERENITAS is not liable for the acts or omissions of third parties.
• SERENITAS is not liable for any virus, malware, trojan or similar malicious software program or code infecting your software or hardware as a result of interactions with third-parties, or consultation or use of third party data or software, on the App or in connection with its use.
• To the fullest extent permitted by law:
  • SERENITAS excludes all liability in respect of any loss of data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damages; and
  • SERENITAS excludes all warranties and representations (express and implied) unless otherwise stated to the contrary in these Terms.
• To the fullest extent permitted by law, in no event will SERENITAS’ total aggregate liability (whether in contract, tort (including negligence), or statute) in connection with these Terms exceed AUD $100.

13.       Your responsibilities and liability

• You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any facilities, events or This includes but is not limited to:
  • you are responsible for leaving a facility (and related property) in the condition it was in when you arrived;
  • you are responsible for paying all reasonable amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a facility;
  • you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you bring a person under 18 years of age to a facility, event or service, you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor; and
  • you are responsible for complying with the Community Rules and the terms of your site agreement.
• You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the App and any content contained therein, including your participation in any event, use of any facility, or any other interaction you have with other App members whether in person or online. This means it is your responsibility to investigate a facility, event or service to determine whether it is suitable for you.

• It is your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance in respect of any facility, event or services, prior to proceeding with any booking.

14.       Indemnity

You agree to indemnify SERENITAS, its officers and employees or agents from and against any loss, claim, liability, cost or expense incurred by SERENITAS (including consequential loss) in respect of a claim arising from or in any way related to:

• your breach of these Terms;
• your infringement or alleged infringement of a third party’s intellectual property rights;
• your use of the App; or
• your violation of applicable laws, rules or regulations in connection with your use of the

15.       Termination

• SERENITAS may at any time in its sole discretion without notice (temporarily or permanently): suspend, cancel or edit details of your account or any Content on or posted via your account; terminate your account and the agreement comprised in these Terms; withdraw your access to the App; or change or close the App. Without limiting the operation of these Terms, SERENITAS will not be held liable for loss or damage arising from the exercise of such rights.
• You may delete your account on the App at any time, at which point you release SERENITAS from its obligations under these Terms unless otherwise provided, and SERENITAS is free (but not required) to delete your account and related data from our systems.
• These Terms terminate automatically if, for any reason, SERENITAS ceases to operate the
• SERENITAS is under no obligation to backup or otherwise retain data on the App relating to your account and your interactions with us or other parties via the App after termination or cancellation under this clause

16.       Privacy

• Your personal information and/or personal data will be collected and processed in accordance with

SERENITAS’ Privacy Policy, available at https://www.serenitas.com.au/privacy-policy/.

• You consent, acknowledge and agree that:
  • any personal information (as defined in the Privacy Act 1988 (Cth) (“Privacy Act”)) disclosed to SERENITAS via the

use of the App may be disclosed to SERENITAS’ associated entities, third- party service providers or contractors, and/or stored on infrastructure used by SERENITAS, outside of Australia; and

• by creating and continuing to use the App, you expressly agree and consent to the disclosure of any personal information outside of Australia in the manner permitted by this clause.

• In providing this consent you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal
• By providing your consent, under the Privacy Act, Australian Privacy Principle 1 does not apply to disclosures referred to in clause 16(b).

17.       Miscellaneous

• These Terms are governed by and construed in accordance with the laws of Queensland, Australia, and each party irrevocably submits to the non- exclusive jurisdiction of the courts of Queensland.
• Any dispute arising under or in connection with the App, the interpretation of these Terms, or the rights of any party under these Terms will be escalated to village management, in the first instance. and disclaim Serenitas’ liability in respect of users’ conduct in the app.
• You must not assign, transfer or novate any of your rights or obligations (including your account) under or relating to these Terms.
• SERENITAS may assign, transfer or novate any of its benefits, rights or obligations under or relating to these Terms with notice in writing to you.
• If a provision of these Terms is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

18.       Dispute resolution

18.1             Dispute

• If a dispute arises between the parties in relation to the App or the interpretation of these Terms or the rights of any party under these Terms (“Dispute”), a party must not commence court or arbitration proceedings relating to the Dispute unless that party has participated in the dispute resolution procedures set out in this clause
• Nothing in this clause 18 will prevent SERENITAS from exercising its rights under clause 15(a), or a party instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

18.2             Dispute Notice

A party claiming that a Dispute has arisen must give a written notice specifying the nature of the Dispute (“Dispute Notice”) to the other party. In the case of SERENITAS, the Dispute Notice must be given to village management in the first instance.

18.3             Negotiation

As soon as practicable after the giving of a Dispute Notice, the parties must attempt to resolve the Dispute by negotiation.

18.4             Mediation procedure

• If the parties are unable to reach a resolution of the Dispute within ten Business Days of the giving of a Dispute Notice, any party may, by notice in

writing (“Mediation Notice”), inform each other party that it seeks to have the Dispute resolved by mediation.

• On the giving of a Mediation Notice, the parties may refer the Dispute to a mediator agreed by them. If no agreement is reached on an appropriate mediator within ten Business Days of the giving of a Mediation Notice, any party may ask the President of the Queensland Law Society Inc to appoint a mediator in relation to the Dispute.
• A mediator appointed in relation to a Dispute:
  • has the right to determine:
    • the time, place and procedures for the mediation; and
    • whether to allow the appearance of lawyers on behalf of the parties; and
  • may engage other expert assistance to assist in the mediation.

• Each party must attend the mediation and make a determined and genuine effort to resolve the
• Proceedings of the mediator will be as informal as is consistent with the proper conduct of the matter and will allow the mediator to communicate privately with the parties or with their lawyers.
• The parties agree that:
  • everything that occurs before the mediator will be in confidence;
  • no documents brought into existence specifically for the purpose for the mediation process will be called into evidence in any subsequent litigation by any party;
  • it will be the role of the mediator to act fairly, in good faith and without bias with the purpose of seeking a resolution of the Dispute and to treat all matters in confidence;
  • the parties to the mediation will bear the mediation costs on an equal basis and grant immunity from liability to the mediator;
  • no party will have any cause of action against the mediator or arising out of the conduct of the mediation; and
  • the mediator will not have any power to make any decision, determination or recommendation binding on the parties to resolve the Dispute.

18.5             Continuing obligations

Notwithstanding the existence of a Dispute, each party must continue to perform its obligations under these Terms.

Schedule 1 : Account types