Terms of Use

1. ABOUT US

1. We are Upvio Healthtech Pty Ltd trading as Upvio, a company registered in Australia. Our registered office is at Level 8, 905 Hay Street, Perth, WA, 6000, Australia.

2. BY USING OUR SITE YOU ACCEPT THESE TERMS

1. If you do not agree to these terms, you must not use our Site.
2. By using our site and platform, you confirm that you accept these terms of use (Terms) and that you agree to comply with them.
3. We recommend that you print a copy of these Terms for future reference. These Terms explain how you may use this website, our cloud platform, our apps, and any of its content (Site). These Terms apply between Upvio Healthtech Pty Ltd (we, us or our) and you, the person accessing or using the Site or platform (you or your).

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

1. These terms of use refer to the following additional terms, which also apply to your use of our Site:

1. Our Privacy Policy:  https://upvio.com/privacy-policy;
2. Our HIPAA Privacy and Security Policy: https://upvio.com/terms-and-conditions, which sets out our compliance with the Health Insurance Portability and Accountability Act 1996;
3. Our Acceptable Use Policy: https://upvio.com/terms-and-conditions, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy; and
4. Our Cookie Policy: https://upvio.com/cookie-policy, which sets out information about the cookies on our site.

4. WE MAY AMEND THESE TERMS

1. We amend these terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.

5. USING THE SITE

1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
2. We make no promise that the Site is appropriate or available for use in your location. If you choose to access the Site, you acknowledge you do so at your own risk and are responsible for compliance with local laws where they apply.
3. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us.
4. As a condition of your use of the Site, you agree to comply with our Acceptable Use Policy available at https://upvio.com/terms-and-conditions and agree not to:

1. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); or
2. attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site.

5. We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.

6. HOW YOU MAY USE MATERIAL ON OUR SITE

1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You must not modify the or attempt to modify any of the assets on our Site, nor must you download any digital copies of any materials you have access to on our Site.
3. All the content on our Site is owned by, and copyrighted to, us. Our status (and that of any identified contributors) as the authors of content on our Site is acknowledged by you.
4. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5. Without limiting any rights, we have under these terms of use, if you print off, copy, download, share or repost any part of our Site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. NO TEXT OR DATA MINING, OR WEB SCRAPING

1. You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising, or attempting the use of):

1. Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information, or services accessed via the same; and
2. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.

2. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790) and any other applicable legislation that protects and expresses our explicit rights in the content on our Site.

8. DO NOT RELY ON INFORMATION ON THIS SITE

1. THE CONTENT ON OUR SITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. ADVICE PROVIDED BY A MEDICAL PROFESSIONAL IS PROVIDED BY THEM USING THEIR INDEPENDENT JUDGEMENT AND ABILITY AND IS WITHOUT ENDORSEMENT, REVIEW, ACCEPTANCE, OR INPUT BY US.
2. WHERE YOU TAKE ACTION BASED ON ADVICE RECEIVED FROM A MEDICAL PROFESSIONAL WHILST USING OUR SITE, YOU HEREBY ACKNOWLEDGE THAT SUCH ADVICE IS PROVIDED BY A THIRD PARTY, ACTING IN THEIR INDEPENDENT JUDGEMENT AND FREE FROM OUR ENDORSEMENT OR INVOLVEMENT. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE SUFFERED BY YOU FOLLOWING ANY ADVICE BY ANY MEDICAL PROFESSIONAL, OR ANY OTHER THIRD PARTY, WHILST USING OUR SITE OR ON THE BASIS OF THE CONTENT ON OUR SITE.
3. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.

9. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
2. We have no control over the contents of those sites or resources.

10. YOUR PRIVACY AND PERSONAL INFORMATION

1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information, and our HIPAA Privacy and Security Policy which sets out our compliance with the Health Insurance Portability and Accountability Act 1996.

11. OWNERSHIP, USE, AND INTELLECTUAL PROPERTY RIGHTS

1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
3. Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent, or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

12. SOFTWARE AND APPS

1. Software and a mobile device application (App) may be made available for you to use as a feature of our services on our Site. If you are invited to use such services, you will be granted a limited, non-exclusive, irrevocable licence to use any such software or App, subject to you agreeing to these Terms and the terms contained within this clause 12, which shall be considered to include your ‘end user licence agreement’ or ‘EULA’.
2. We licence you to use and access the content provided on our Site, our software, and our App, subject to you following the rules outlined within this clause 12.
3. The licence:

1. is only for you personally and for non-business use;
2. starts when you first access our Site, software or App; and
3. covers content, materials, or services accessible from, or bought in, the Site, or software, or App (including all our support resources). It also covers updates to the aforementioned.

4. You do not own any element of our Site, software, or App (including any content contained therein), but you may use our Site, software or App as permitted under this clause 12 and these Terms.
5. You shall not:

1. modify the software or App’s code in any way, including inserting new code, either directly or using another Site or piece of software;
2. deliberately attempt to avoid, or manipulate any security feature included in our software or App;
3. pretend that the software or App is your own or make it available for others.

6. We may suspend or revoke the licence granted to you under the terms of this clause 12, in full or partially, without providing you with our reason for doing so and at all times in our sole and absolute discretion.
7. UPDATES TO OUR SITE
8. We may update our Site from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality.
9. Updates will occur automatically, or you may need to trigger them yourself, depending on the services we provide you.
10. Depending on the nature of the update, the Site may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the ensure your own computer system is updated to the latest version (including any internet browser).

13. SUBMITTING INFORMATION TO THE SITE

1. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive, or valuable.
2. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we see fit.

14. LIMITATIONS OF LIABILITY

1. WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL LOSSES.
2. OUR TOTAL LIABILITY TO YOU IN RESPECT OF ALL SERVICES AVAILABLE FOR USE ON OUR SITE, OUR SOFTWARE OR OUR APP (HOWSOEVER ARISING UNDER OR IN CONNECTION WITH OUR AGREEMENT) SHALL NOT EXCEED $1,000 AUD.
3.  Notwithstanding any other provision of this agreement, the Supplier’s liability shall not be limited in any way in respect of the following:

1. Death or personal injury caused by negligence;
2. Fraud or fraudulent misrepresentation; or
3. Any other losses which cannot be excluded or limited by applicable law.

4. This clause ‎14 shall survive the termination or expiry of our Agreement.

15. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

1. We try to make sure that the Site is accurate, up-to-date, and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
2. We may suspend or terminate access or operation of the Site at any time as we see fit.
3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
4. While we try to make sure that the Site is available for your use, we do not promise that the Site will be always available or that your use of the Site will be uninterrupted.

16. HYPERLINKS AND THIRD-PARTY SITES

1. The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party’s website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.

17. EVENTS BEYOND OUR CONTROL

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

18. NO THIRD-PARTY RIGHTS

No one other than us or you have any right to enforce any of these Terms.

19. VARIATION

1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause ‎19.
2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

20. APPLICABLE LAW AND JURISDICTION

1. The laws of Australia apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
2. Any disputes will be subject to the non-exclusive jurisdiction of the courts of Australia.