Terms of Use

Lifespot Health Ltd
TERMS OF USE
1. About the Mobile App & Website
2. Acceptance of the Terms
3. Registration to use the Services
4. Your obligations as a User
5. Copyright and Intellectual Property
6. Privacy
7. General Disclaimer
8. Limitation of liability
9. Termination of Contract
10. Indemnity
11. Dispute Resolution
12. Jurisdiction and Governing Law
14. Independent Legal Advice
15. Severance

TERMS OF USE
1. About the Mobile App & Website
Welcome to FeverTel, the Mobile App and Website (‘FeverTel’) developed by Lifespot Health Ltd ACN 611 845 820 (the ‘Company’). The Company provides a number of services in integrated healthcare systems, with a view to providing fast, simple access to medicinal treatment for patients (the ‘Services’).
FeverTel is operated by the Company. Access to and use of FeverTel, or any of its associated Products or Services, is provided by the Company.
Please read these terms and conditions (the ‘Terms’) carefully.
By using, browsing and/or reading FeveTel, you agree to have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of FeverTel, or any Services, immediately.
The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by continuing to use the services offered by FeverTel. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the FeverTel user interface.
3. Registration to use the Services
In order to access the Services, you may be required to share your personal details with the Company. This process creates an Account (the ‘Account’) with FeverTel so we can best provide these services to you.
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
– Email address
– Preferred username
– Password
– Other details as needed to provide the services
You warrant that any information you give to the Company in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered user of the Website (‘User’) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
– you are not of legal age to form a binding contract with the Company; or
– you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which – you are resident or from which you use the Services.
Information related to all users is subject to and handled in accordance with the Company’s Privacy Policy available at https://www.Lifespot-health.com/Fevertel/privacy-policy/
4. Your obligations as a User
As a User, you agree to comply with the following:
– you will use the Services only for purposes that are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
– you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
– any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;
– access and use of FeverTel are limited, non-transferable and allows for the sole use of FeverTel by you for the purposes of the Company providing the Services;
– you will not use the Services or Mobile App & Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to FeverTel.
5. Copyright and Intellectual Property
FeverTel, the Services and all of the related products of the Company are subject to copyright. The material on FeverTel is protected by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by the Company or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by the Company.
You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on FeverTel which are freely available for re-use or are in the public domain.
6. Privacy
The Company takes your privacy seriously and any identifying information provided through your use of FeverTel and/or Services are subject to the Company’s Privacy Policy, which is available on the Website at https://www.Lifespot-health,com/Fevertel/privacy-policy/
7. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
– all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
– The Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of FeverTel and the Services is at your own risk. Everything on FeverTel and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Company) referred to on FeverTel. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
– failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
– the accuracy, suitability or currency of any information on FeverTel, the Services, or any of its Services related products (including third party material and advertisements on FeverTel);
– costs incurred as a result of you using FeverTel e the Services or any of the products of the Company; and
– the Services or operation in respect to links which are provided for your convenience.
8. Limitation of liability
The Company’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that the Company, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9. Termination of Contract
The Terms will continue to apply until terminated by either you or by the Company as set out below.
If you want to terminate the Terms, you may do so by:
• Providing the Company with 30 days’ notice of your intention to terminate; and closing your accounts for all of the services which you use, where FeverTel has made this option available to you.
• Your notice should be sent, in writing, to the Company via the ‘Contact Us’ link on our homepage.
The Company may at any time, terminate the Terms with you if:
• you have breached any provision of the Terms or intend to breach any provision;
• the Company is required to do so by law; or
• the provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable.
Subject to local applicable laws, the Company reserves the right to discontinue or cancel your access to the services offered by FeverTel at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the FeverTel or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Company’s name or reputation or violates the rights of those of another party.
10. Indemnity
You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any direct or indirect consequences of you accessing, using or transacting on FeverTel or attempts to do so; and/or any breach of the Terms.
11. Dispute Resolution
11.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
11.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
11.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Victoria, Australia.
11.4. Confidentiality:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
11.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
12. Jurisdiction and Governing Law
The Services offered by the Company are intended to be viewed by residents of Australia. The Terms are governed by the laws of Victoria, Australia.
Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
15. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.