Terms of Use

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).

1. Acceptance of these Terms of Use

These Terms of Use (Terms) govern your use of the Platform provided by Simplafy (we, our, or us).

Simplafy may vary these Terms at any time, without notice, by displaying the amended Terms on the Platform. You should review the Terms each time you use the Platform.

By accessing and using the Platform, you acknowledge that you have read and understood the Terms as they exist at that time, and you confirm your acceptance of the Terms.

2. Use of the Platform

(a) You have been given access to the Platform by an entity that has entered into an agreement in relation to the provision of the Platform. If the subscription through which you have been provided access to the Platform is cancelled, suspended or terminated for any reason, you will no longer be authorised to use the 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 access to the Platform and for the sole purpose of engaging in health and wellbeing education.

(d) You must not use the Platform in a way that is unreasonable, unlawful or is likely to harm the integrity of the Platform. Without limiting the generality of the foregoing, 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 Platform or any other system, network or server connected to the Platform.

(e) You acknowledge and agree that you are solely responsible and liable for:

(i) ensuring the security of your account including keeping all passwords and other security information confidential; and

(ii) all activity on the Platform that occurs through your account, whether authorised by you or otherwise.

(f) You acknowledge and agree that the Platform may collect and store your personal information in line with our privacy policy and we will handle such personal information in accordance with any privacy laws applicable to us.

3. Security of information

No data transmitted over the internet or mobile phone networks is secure, and we do not warrant, and cannot ensure, the privacy, security or integrity of your data, including through the normal functioning of the software or Platform. You transmit data using the Platform entirely at your own risk. You agree that we will not be liable for any damage or loss caused as a result of any failures in this regard.

4. Intellectual property

(a) Simplafy owns or is licensed to use all intellectual property rights in the Platform (including in all underlying source code) and in the content of the Platform (including all 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 is granted to you under these Terms. Nothing in 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 content found on the Platform in any form without prior written permission from Simplafy (except as permitted under the Copyright Act 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 and keep the material confidential.

(e) All other information (including suggestions, ideas, concepts, data and know-how) you send to Simplafy using the Platform or otherwise, is the property of Simplafy once received. Simplafy may use that information for any purpose, including development of products and services, marketing and promotional activities.

5. Third party content and links

The Platform may include links to third party websites and other online resources. Such links do not indicate a relationship between those third parties and Simplafy, nor endorsement by Simplafy of such third parties, their products, services or websites. Use of such links is entirely at your own risk and are subject to the terms of those third party websites.

6. No Warranties

The Platform and its content are provided on an ‘as is’ basis and to the fullest extent possible and subject to any liabilities and obligations which cannot be excluded 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 Platform content is provided on an ‘as is’ basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk – such information is for general information purposes only and does not constitute medical advice. Always consult with a medical professional to assess your individual situation about what is right for you; or

(c) that your access to the Platform or any part of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your device.

7 Liability

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 (including damage to your software or hardware, corruption of data or loss of data); or

(b) any action or inaction taken or thing done or omitted to be done in reliance on the Platform or any information contained on the Platform.

7.2 We do not accept any responsibility to you for:

(a) any losses or delays in transmission or receipt of messages or information arising out of the use or malfunction of services, facilities, Platform, hardware or products which cannot reasonably be considered to be under our control;

(b) any unauthorised use or interception of any message or information; or

7.3 To the extent permitted by law:

(a) all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law including but not limited to warranties of accuracy, completeness, non-infringement, or usefulness of the Platform, are excluded from these 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 loss or corruption of data or information, arising out of or related to your use or inability to use the Platform.

7.4 If a supply under these Terms is a supply of services to a consumer within 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 modifies the application of any provision, the exercise of any right or remedy, or the imposition 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 limited to the:

(a) resupply of the services; or

(b) payment of the cost of resupplying the services.

8 Your indemnity

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, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Platform or any breach of these Terms by you except to the extent such loss is caused or contributed to by Simplafy.

9. Breach

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.

10. General

(a) You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.

(b) You warrant that all communications and information provided by you using the Platform are not fraudulent or defamatory, and will not otherwise infringe any law or any third party rights. You further warrant that Simplafy’s use of that information in accordance with these 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 part may 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 writing signed by us. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our specified rights in those specified circumstances and will not waive any 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 Platform will 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 all of the parties’ rights and obligations in relation to the Platform, and replaces all earlier representations, statements, agreements and understandings except 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 courts of Western Australia and the Commonwealth of Australia.

If you have any questions or comments regarding the Platform, these Terms or our services please contact us at hello@simplafy.com.au.