Last updated: 22 April 2025

Welcome to the Gotcha4Life mobile application (app), which is operated by Gotcha4Life Foundation Ltd ABN 82 618 093 762 of Level 5, 121 Harrington St, The Rocks NSW 2000 (G4L, we, us or our). This app provides mental fitness tools and resources accessible to anyone free of charge. Questions about these Terms of Use can be submitted through our contact form at gotcha4life.org/contact.

1. Application of these Terms of Use

By clicking “I agree” or otherwise by downloading, installing, or using the app, each user (you or your) agrees to be bound by these terms of use (Terms of Use). Please read them carefully.

We may vary these Terms of Use from time to time, and we will publish the varied terms on the app. We will notify you through the app if there are any significant changes. It is your responsibility to check the app periodically for changes and your continued use of the app following any changes indicates your acceptance of the changes.

2. Eligibility and access

Anyone can access and use the app to the extent you are legally able to do so in your State, Territory and/or country. If you are under 18 your parent and/or legal guardian must accept these Terms of Use on your behalf.

By using the app, you warrant that you meet any eligibility criteria set out in these Terms of Use.

We reserve the right to prohibit anyone from using the app for any reason.

You must use the app for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the app.

3. Types of users 

We welcome all users on the app (subject to you meeting the eligibility requirements set out above). You can access the app as either a guest user or a registered user.

As a guest user, you can access basic app features without creating an account and we do not collect your personal information (although it is linked to a device identifier).

As a registered user, you can access additional features by creating an account, which means you must provide us with your email and name.

4. Account for registered users

As a registered user, you are responsible for maintaining the confidentiality of your password and registration attached to your account and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security.

You can change the settings or delete your account at any time through the app.

You warrant all your information is current, complete, and accurate. You agree to promptly update your account if you information changes.

 5. App permissions and notifications

The app may request permission to send push notifications, access device storage or other device features as needed. You can manage your permissions, opt in/out of notification and/or control app access to device features at any time through device settings. Some functionality may not work as intended if you remove permissions or change the settings.

6. Privacy and data

 You use of this app may involve the transmission to us of certain personal information (as that term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (that you can access here).

7. No reliance

This app is not intended to provide any medical opinion, advice, diagnosis or treatment. All information found on the app is general in nature and is not intended to diagnose, treat, cure or prevent any medical condition.

Always seek the guidance of your doctor and/or qualified health professional with any questions you may have regarding your health or a medical condition.

To the fullest extent permitted by law, we do not give any express or implied warranties and make no representations in relation to the accuracy, completeness or reliability of information on this app.

8. Acceptable use

You must not:

a. copy, modify, or create derivative works based on the content available on the app;

b. infringe the intellectual property rights, privacy or confidentiality of any third party;

c. engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or

d. post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.

9. Intellectual property rights

 The app is not intended to: We own, or are the licensee of, the intellectual property rights in the content available on the app, including text, graphics, photographs, logos, icons, sound recordings and software. These Terms of Use do not transfer any intellectual property rights from to you or any third parties.

You must not (without our consent):

a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content or material downloaded from the app; or

b. use our name, logo, graphics, and logos which appear on the app.

10. Third party products and linked websites

We may use third party products and services in our provision of this app to you, including the App Store (Third Party Products). You acknowledge that:

a. your use of, and access to, such Third Party Products may be subject to separate terms issued by the supplier of such Third Party Products (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier;

b. we make no representations or warranties in relation to, and do not accept liability for, any such Third Party Products; and

c. we may suspend your use of, or access to, the Third Party Products at any time, including on request from the Third Party Supplier.

The app and our products and services may contain links to third-party websites, products, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, such third party websites, products and services.

11. Warranties and liability

Your use of the app is entirely at your own risk. None of the information and/or materials provided through the app, or otherwise by us, is in the nature of advice. Information and/or materials provided through the products and services is general in nature.

We do not provide warranties of any kind in relation to the app. To the fullest extent permitted by law, and except where we otherwise set out in these Terms of Use:

a. we expressly disclaim all warranties, express or implied, of any kind with respect to the app, including without limitation that the app will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the app, or use of the information, content, service, or products provided through the app; and

b. we, our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the app.

To the fullest extent permitted by law the app and all content available to you through the app are provided “as is” and “as available” for your use without any warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or particular purpose, guarantee of a particular result or outcome, title, and non-infringement.

12. Mobile device requirements

You must use a compatible mobile device and have internet connectivity (for some features) to access and use the app. You are responsible for any mobile carrier data charges and keeping your device secure and updated.

13. Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to the app, or any part of, for any reason, to interrupt the operation of the app, or any part of, as necessary to perform maintenance, error correction or other changes. We may require updates for continued use, modify or discontinue features or stop supporting older app versions.

14. General

Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

These Terms of Use contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.

Any failure by us at any time to enforce these Terms of Use or any rights will not be a waiver of such rights or affect the validity of these Terms of Use.

If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.

These Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have non-exclusive jurisdiction over any dispute arising out of these Terms of Use.