These Terms of Use were lasted revised in November 2023
Simplafy Pty Ltd ACN 658 586 139 (Simplafy)is the owner and operator of the Platform known as 'Simplafy' (the Platform).
These Termsof Use (Terms) govern your use ofthe Platform provided by Simplafy (we,our, or us).
Simplafy mayvary these Terms at any time, without notice, by displaying the amended Termson the Platform. You should review theTerms each time you use the Platform.
By accessingand using the Platform, you acknowledge that you have read and understood theTerms as they exist at that time, and you confirm your acceptance of the Terms.
(a) Youhave been given access to the Platform by an entity that has entered into anagreement in relation to the provision of the Platform. If the subscriptionthrough which you have been provided access to the Platform is cancelled,suspended or terminated for any reason, you will no longer be authorised to usethe Platform and must not attempt to do so.
(b) You must only use the Platform through the account provided to you by the entitywho has given you access to the Platform.
(c) You must only use the Platform as directed by the entity who has given you accessto the Platform and for the sole purpose of engaging in health and wellbeingeducation.
(d) You must not use the Platform in a way that is unreasonable, unlawful or is likelyto harm the integrity of the Platform. Without limiting the generality of theforegoing, you must not:
(i) permit another person to use the Platform with your account;
(ii) use the Platform on another user's account, even if you also have an account;
(iii) sell access to, or information from, the Platform;
(iv) interfere (or attempt to interfere) with the working of the Platform; or
(v) circumvent (or attempt to circumvent) any security or authentication measures of the Platformor any other system, network or server connected to the Platform.
(e) Youacknowledge and agree that you are solely responsible and liable for:
(i) ensuringthe security of your account including keeping all passwords and other securityinformation confidential; and
(ii) allactivity on the Platform that occurs through your account, whether authorisedby you or otherwise.
(f) Youacknowledge and agree that the Platform may collect and store your personalinformation in line with our privacy policy and we will handle such personalinformation in accordance with any privacy laws applicable to us.
No data transmittedover the internet or mobile phone networks is secure, and we do not warrant,and cannot ensure, the privacy, security or integrity of your data, includingthrough the normal functioning of the software or Platform. You transmit data using the Platform entirelyat your own risk. You agree that we will not beliable for any damage or loss causedas a result of any failures in this regard.
(a) Simplafy owns or is licensed to use all intellectual property rights in the Platform (includingin all underlying source code) and in the content of the Platform (includingall text, trade marks, logos, images and graphics) and any updates to them.
(b) No licence, right to, title to or other interest in intellectual property isgranted to you under these Terms. Nothingin these Terms or on the Platform should be construed as providing such consent.
(c) Except as otherwise expressly provided in these Terms, you must not otherwise copy,adapt, reproduce, publish, distribute or otherwise deal with any of the contentfound on the Platform in any form without prior written permission from Simplafy(except as permitted under the CopyrightAct 1968 (Cth) or any other applicable law in your location).
(d) You may view content or print a copy of material on the Platform for your personal,non-commercial use, provided that you do not modify the content in any way andkeep the material confidential.
(e) All other information (including suggestions, ideas, concepts, data and know-how) yousend to Simplafy using the Platform or otherwise, is the property of Simplafy oncereceived. Simplafy may use thatinformation for any purpose, including development of products and services,marketing and promotional activities.
The Platform may include links to third party websites and other online resources. Such links do not indicate a relationshipbetween those third parties and Simplafy, nor endorsement by Simplafy of suchthird parties, their products, services or websites. Use of such links is entirely at your ownrisk and are subject to the terms of those third party websites.
The Platform and its content are provided on an 'as is' basis and to the fullest extentpossible and subject to any liabilities and obligations which cannot beexcluded by law, we do not warrant:
(a) that the functions contained in the Platform will meet your requirements;
(b) the accuracy or completeness or reliability of the Platform or its content and the Platformcontent is provided on an 'as is' basis and on the condition that you areresponsible for assessing the accuracy and completeness of that content and yourely on any such content at your own risk – such information is for general informationpurposes only and does not constitute medical advice. Always consult with amedical professional to assess your individual situation about what is rightfor you; or
(c) that your access to the Platform or any part of the Platform will be uninterruptedor error free, that defects will be corrected or that the Platform or theserver that makes it available are free of viruses, bugs or malicious code orother forms of interference which may damage your device.
7.1 We will have no liability in respect of:
(a) any loss or damage that you incur arising from your use of the Platform (includingdamage to your software or hardware, corruption of data or loss of data); or
(b) any action or inaction taken or thing done oromitted to be done in reliance on the Platform or any information contained onthe Platform.
7.2 We do not accept any responsibility to you for:
(a) any losses or delays in transmission or receiptof messages or information arising out of the use or malfunction of services,facilities, Platform, hardware or products which cannot reasonably be consideredto be under our control;
(b) any unauthorised use or interception of anymessage or information; or
(c) any direct or indirect loss suffered by you as aresult of a reduced level of service caused by a third party.
7.3 Tothe extent permitted by law:
(a) all conditions, warranties, guarantees, rights, remedies, liabilities and other termsimplied by statute, custom or the common law including but not limitedto warranties of accuracy, completeness, non-infringement, or usefulness of thePlatform, are excluded fromthese Terms; and
(b) in no event will we be liable in contract, tort (including negligence), under statute or otherwise for any incidental, consequential or indirect damages, including lossor corruption of data or information, arising out of or related to your use orinability to use the Platform.
7.4 If a supply under these Terms is a supply of services to a consumerwithin the meaning of the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (ACL) nothing contained in these Terms excludes, restricts or modifiesthe application of any provision, the exercise of any right or remedy, or theimposition of any liability under the ACL, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limitedto the:
(a) resupply of the services; or
(b) payment of the cost of resupplying the services.
You indemnify Simplafy and its related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities,losses, damages, costs and expenses (including, without limitation, reasonablelegal fees and disbursements and costs in investigation, litigation,settlement, judgment, interest, fines and penalties) which any of them incurdirectly or indirectly arising from your use of the Platform or any breach ofthese Terms by you except to the extent such loss is caused or contributed to by Simplafy.
If you breach, or we suspect that you have breached, any of these Terms, we may, in addition to any other rights we have at law or otherwise, suspend (in whole or part) or terminate your use and access to the Platform without further notice.
(a) You may not assign or transfer any rights orobligations under these Terms to any third party. We may assign or transfer anyrights or obligations under these Terms to any third party in our absolutediscretion.
(b) Youwarrant that all communications and information provided by you using thePlatform are not fraudulent or defamatory, and will not otherwise infringe anylaw or any third party rights. Youfurther warrant that Simplafy's use of that information in accordance withthese Terms will not infringe the rights of any third party.
(c) If any part of these Terms is held to be unenforceable, void or illegal, that partmay be severed and the remainder of these Terms will continue in full force.
(d) Any waiver of our rights under these Terms is not effective unless in writingsigned by us. Any failure or delay by us in exercising a right under theseTerms does not constitute a waiver of our rights. Any waiver by us will onlywaive our specified rights in those specified circumstances and will not waiveany of our other rights, or the same rights in other circumstances.
(e) Any personal information we collect from you in the course of your use of the Platformwill be handled in accordance with our privacy policy which can be viewed on our website via https://simplfay.com.au/privacy.
(f) These Terms constitute the whole of the agreement between us and you and sets out allof the parties' rights and obligations in relation to the Platform, andreplaces all earlier representations, statements, agreements and understandingsexcept to the extent the Terms apply.
(g) These Terms are governed by the laws in force in Western Australia. You agree to the jurisdiction of the courtsof Western Australia and the Commonwealth of Australia.
If you have anyquestions or comments regarding the Platform, these Terms or our services pleasecontact us at hello@simplafy.com.au.
Simplafy Pty Ltd ACN 658 586 139