Vively Consumer CGM & Blood Test Terms and Conditions
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Last Updated - 17 October 2025

1. About these Terms

These Terms apply to the website, mobile app and other services (collectively, Services) supplied by Vively Health Pty Ltd (ACN 654 451 680) (Vively, we, us, our) to consumers (you, your). They form a contract between you and us, together with:

our Privacy Policy;
our Returns Policy;
and any other terms we expressly communicate and you accept.

Acceptance of Terms
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By registering an account, accessing or using the Vively App, website or Services, you agree to be bound by these Terms, our Privacy Policy and Returns Policy. If you do not agree, you must immediately cease using the Services. Vively may suspend or terminate access for breach, unauthorised use or failure to comply with these Terms.

You are responsible for exercising good judgement in using the Services and for consulting your healthcare professional before making any changes to your health, diet or exercise routine. If any information obtained through the Services conflicts with medical advice from your healthcare professional, follow your healthcare professional’s advice.

We may update these Terms at any time. If we make material changes, we will take reasonable steps to notify you (for example, by email or in-App notification). Your continued use of the Services after the effective date of any updated Terms constitutes acceptance of those changes. The updated Terms take effect on the date stated in the notice. If you do not agree with the updated Terms, you must stop using the Services before the effective date; your continued use after that date constitutes acceptance.

2. Key Definitions

App: the Vively mobile application and companion web features.
Annual App Access: a 12‑month, auto‑renewing licence to use the App and its features.
CGM: a continuous glucose monitor supplied by third‑party manufacturers.
CGM Pack: your chosen annual allocation of CGM sensors (e.g., 1, 2, or 4 per year) billed upfront and auto‑renewed annually.
Blood Test Pack: your chosen annual allocation of blood tests billed upfront and auto‑renewed annually.
Coaching: access to Vively’s in‑app lifestyle and nutrition coaching team via asynchronous messaging.
Coaching Trial: a 14‑day free trial of Coaching that auto‑renews to a paid monthly plan unless you cancel within the trial.
Subscription Period: the relevant billing period for your service (e.g., 12 months for Annual App Access, 1 month for Coaching after trial conversion).

3. Eligibility

You must be 18 years or older to use the Services. Our Services are not suitable for, and must not be used by, individuals who are pregnant. Do not use our Services if advised against by your health professional.

4. Registration & Account Security

When you register, subscribe or activate your Vively account, you must provide accurate and current information, including your name, date of birth, email address, telephone number and shipping address. You are responsible for maintaining the accuracy of this information and for ensuring the security and confidentiality of your login credentials.

You are solely responsible for all activity that occurs under your account and must notify us immediately if you suspect unauthorised access or use.

By registering, you consent to receiving:

Transactional communications, including emails, in-app messages and push notifications relating to your account and Services; and
Marketing communications about Vively or selected third-party products and offers we believe may be relevant to you. You can opt out of marketing communications at any time.

We may use analytics and tracking technologies in our communications to understand engagement and improve our Services, as outlined in our Privacy Policy.

5. Device & Operating System Compatibility

You are responsible for ensuring that your device and operating system meet the minimum requirements to use both the Vively App and any CGM manufacturer’s app that operates in conjunction with our Services before making a purchase.

Compatibility requirements are published on our website and also on the CGM manufacturer’s website or app store page. You must review both sources prior to purchase.

Vively is not responsible or liable for refunds, replacements or compensation arising from device or operating system incompatibility, including but not limited to issues relating to phone model, operating system version, app-store region, or Bluetooth connectivity, except where required by law.

6. Products & Plans Overview

6.1 Annual App Access

When you purchase a CGM Pack or Blood Test Pack, you are purchasing a complete annual subscription that includes both:

your chosen number of CGMs or blood tests for the year; and
12 months of access to the Vively App and its features.

Your entire subscription package — including App access and the same pack configuration (e.g. 1, 2 or 4 units per year) — automatically renews each year on your anniversary date at the current price displayed on our website or at checkout for that configuration, unless cancelled before renewal.

We may update pack configurations, inclusions, suppliers or test menus from time to time. Current offerings and renewal pricing are those displayed on the website at the time of renewal.

6.2 CGM Packs (annual; billed upfront)

Choose an annual allocation (auto‑renewing). Current pack configurations and prices are as displayed on the website and at checkout at the time you purchase or renew. Configurations and pricing may change from time to time and will apply on your next renewal.

Cadence guidance only: We typically align shipments to your pack configuration (e.g., annual (1x CGM), ~6‑monthly (2x CGMs), or ~quarterly (4x CGMs)). Actual timing is indicative only and may vary due to stock, safety/expiry windows, logistics or public holidays.

6.3 Blood Test Packs (annual; billed upfront)

Choose an annual allocation (auto‑renewing). Current pack configurations and prices are as displayed on the website and at checkout at the time you purchase or renew. Configurations and pricing may change from time to time and will apply on your next renewal.

Cadence guidance only: We typically schedule tests in alignment with the pack configuration (e.g., annual (1x CGM), ~6‑monthly (2x CGMs), or ~3‑monthly (4x CGMs)). Actual timing is indicative only and may vary due to laboratory capacity, fasting requirements, or stock availability.

6.4 Coaching Trial → Monthly Coaching (optional Opt-In)

A Coaching Trial is available as an optional add-on when you purchase a CGM or Blood Test Pack.

You must actively opt in to receive this 14-day free trial at checkout or through your account. If you do not opt in, no trial or coaching service will be activated.

If you opt in to the Coaching Trial and do not cancel within 14 days, the trial will automatically convert to a paid monthly Coaching subscription billed to your saved payment method. You may cancel anytime to stop future monthly charges.

We provide clear information at sign-up and send reminder notifications before the automatic renewal. Only one Coaching Trial is available per customer.

The Coaching service provides lifestyle and nutrition guidance only and does not constitute medical advice, diagnosis or treatment.

7. Expiry & Safe Use of CGMs

Use CGM sensors within their stated expiry date and store according to manufacturer instructions. Using expired sensors can cause inaccurate readings; Vively is not liable for outcomes from expired or improperly used sensors.

8. Pricing & Payment

When your annual subscription renews, the same package configuration you originally selected (App access plus your chosen Pack) will renew automatically at the current price for that configuration shown on our website at the time of renewal, unless you modify or cancel before renewal.

You agree to pay according to the prices displayed on our website and at checkout for your selected Pack(s) and any optional add‑ons at the time of purchase or renewal. Additional items not included in your Pack are charged separately.

You must maintain at least one valid payment method. You authorise us to charge any saved payment method if the primary method fails. We may suspend access for non‑payment until a valid payment is processed.

We may vary prices or plan structures on 30 days’ notice. Changes apply on the next renewal. Prices include GST unless otherwise stated. Your payment provider may charge additional fees (e.g., foreign transaction fees).

8A. Payment Methods

To use the Vively Services, you must maintain one or more valid Payment Methods on your account. By providing a Payment Method, you authorise Vively to charge that method for all applicable fees and renewals associated with your subscription or purchases.

If your primary Payment Method is declined, expired, or otherwise unavailable, you authorise us to charge any other valid Payment Method linked to your account to recover outstanding amounts. You remain responsible for any unpaid balances.

If payment cannot be successfully processed and you do not cancel your account, Vively may suspend access to your Services until a valid payment is received. Subscription periods and renewal dates are not extended due to payment delays.

Some Payment Methods may incur additional charges from the issuing bank or payment provider (for example, foreign transaction fees or currency conversion costs). Local tax charges may also vary depending on your location and the Payment Method used. Please check with your payment provider for details.

By maintaining an active subscription, you confirm that you are authorised to use the nominated Payment Method and agree to keep it current.

9. Auto‑Renewal & Cancellation

9.1 Annual App Access & Packs

Your Vively annual subscription package (including App access and your selected CGM or Blood Test Pack) renews automatically each year on your anniversary date, unless cancelled before renewal. No change‑of‑mind refunds are available once the current year is billed, except where required by law. Cancelling stops future renewals; you retain App access and remaining shipments/tests until the end of the paid year.

9.2 Coaching (after Trial)

Billed monthly once the trial converts. Cancel anytime to stop the next month’s charge. Fees are non‑refundable for the current month, except where required by law.

9.3 Trial Disclosures & Reminders

We disclose trial start/end dates and first billing date clearly at sign‑up and send reminders before conversion. Cancel before Day 14 to avoid charges.

Summary Acknowledgement

By purchasing a Vively subscription package (including any CGM Pack, Blood Test Pack, or Coaching subscription), you confirm that:

You understand and accept the pricing structure and renewal terms displayed at checkout.
You acknowledge that, once purchased, annual subscription packages are non-refundable except where required by law (for example, in the case of a major product failure).
You understand that your subscription will automatically renew on the anniversary of your purchase at the then-current price for your selected configuration, unless cancelled before the renewal date.
You agree to maintain a valid payment method on file and authorise Vively to process renewal payments in accordance with these Terms.
You acknowledge that Vively is a wellness platform and does not provide medical advice or treatment.

10. Shipping, Fulfilment & Logistics

Title and risk transfer on delivery to your provided address.
You are responsible for providing accurate shipping details and safely storing received products.
Delivery and scheduling timeframes are estimates only. We may adjust shipment or testing windows based on stock, manufacturer expiry windows, laboratory capacity, or public holidays.
We are not liable for delays beyond our reasonable control (e.g., courier, laboratory, regulatory, or force majeure events).

11. Returns, Replacements & Faulty Goods

By purchasing any Vively product or subscription, you agree to and are bound by our Returns Policy, which forms part of these Terms and is available on our website. In summary: We comply with the Australian Consumer Law (ACL). Change‑of‑mind returns are not accepted for CGMs or blood test kits for hygiene/safety reasons. Contact us promptly with photos, batch numbers, and description if a fault arises.

You are deemed to have read and accepted our Returns Policy when making a purchase through Vively.

12. Important Disclaimers (No Medical Advice)

Vively is not a medical provider and does not offer medical advice, diagnosis or treatment. All App content and Coaching are educational and lifestyle in nature. Always seek advice from your GP or healthcare provider for medical decisions. In emergencies, call 000.

Certain services, devices or features may only be available in specific regions. Availability is as displayed on the website or App for your location and may change.

Separate Telehealth Terms apply for any doctor consultations (not part of these Terms).

12A. Consent to Receive Services

By purchasing or using any Vively product or Service, you acknowledge that the Services have been explained to you and that you understand their nature, limitations, and purpose. You consent to receive the Services on the following basis:

Educational Purpose Only – Vively provides lifestyle insights and educational content designed to help you understand your metabolic health. This may include the use of Continuous Glucose Monitors (CGMs), blood testing, and behavioural coaching. These insights are for general wellness and education and do not constitute medical advice, diagnosis, or treatment.
Not a Substitute for Medical Care – Vively is not a replacement for your GP or other qualified healthcare provider. You should seek medical advice before making any changes to your diet, medication, or exercise routine, and follow up with your healthcare provider for ongoing management of any condition.
Variable Duration and Effectiveness – The duration and effectiveness of the Services may vary depending on your health status, engagement, and selected subscription period. We do not guarantee specific results or outcomes.
Suitability and Appropriateness – We do not warrant that the Services are suitable for your individual medical or health circumstances. In some cases, an in-person consultation may be more appropriate.
General vs Specific Information – Where Vively provides specific information or instructions relating to your purchased Service, that information will prevail over any general or promotional content on our website or marketing materials.

12B. Health Insurance Cover and Rebates

If you hold private health insurance, you may be eligible for a rebate or benefit for certain components of the Services (such as coaching programs).

Eligibility, rebate amounts, and claim processes depend entirely on your individual policy and insurer.

Vively:

makes no representation or warranty regarding your eligibility for any rebate, benefit, or reimbursement;
is not responsible for confirming your cover, lodging, or managing any claim with your insurer; and
will not provide refunds, credits, or payment extensions where your insurer declines, delays, or fails to provide a rebate.

It is your responsibility to confirm eligibility and rebate availability with your insurer before purchasing or renewing any Vively product or Service.

13. Third‑Party Devices & Services

CGMs and associated apps are provided by third parties under their own terms and warranties. You must review and follow those terms. Vively is not responsible for third‑party hardware, compatibility, outages or inaccuracies.

13A. Links & Third-Party Information

The Vively website, App, and communications may include links to third-party websites, products, or information. These are provided for convenience only and are not maintained, controlled, or operated by Vively.

To the maximum extent permitted by law, Vively:

makes no representations or warranties about the accuracy, completeness, legality, suitability, or quality of any third-party information or resources;
disclaims all responsibility and liability for any loss or damage arising from your reliance on, or use of, third-party links or content; and
does not endorse, recommend, or approve any third-party website, product, service, or information linked or referenced within our Services.

Your use of third-party links and resources is at your own risk and subject to those parties’ own terms and privacy policies.

14. Privacy & Health Data

Please ensure that you have read and considered our Privacy Policy, which forms part of these Terms.

By accessing and/or using the Vively website, app and/or Services, you agree and consent to the collection, use, disclosure and storage of your personal and health information in accordance with our Privacy Policy and the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

We may collect, use and disclose personal information about you — including sensitive health information — for the purpose of providing and improving our Services. This may include sharing your information with trusted third-party providers, such as laboratories, device manufacturers, fulfilment partners and IT service providers, only where reasonably necessary to provide or support the Services.

You acknowledge that Vively is an online platform and that the provision of Services may involve disclosure of your personal information to overseas locations for data processing or technical support purposes.

You may choose to share your health data (such as glucose data, logs or behavioural data) with practitioners or other third parties through the platform at your discretion. Once shared, Vively does not control or accept liability for how those third parties use or store that data.

Any in-app coaching messages or consultations are considered private between you and your coach. We will not disclose these communications unless you provide explicit consent or we are legally required to do so (for example, where there is a serious safety risk or a court order).

We also use cookies and similar technologies to personalise and enhance your experience, improve content delivery, and analyse usage patterns. By using our website or app, you consent to this use as outlined in our Privacy Policy.

14A. Sharing of Health Data

You may choose to share your health data (e.g. glucose readings, HRV, heart rate, food or behaviour logs) with practitioners, healthcare providers, or health businesses (“Practitioners”) via the Vively platform or through exports or integrations. By doing so, you acknowledge and agree that:

Voluntary Sharing – You share such information voluntarily and at your own risk. Vively does not monitor, control, or supervise the transmission, storage, or further use of information once it is shared.
Responsibility and Risk – You are solely responsible for ensuring the accuracy, integrity, and confidentiality of any information you choose to share. You assume full responsibility for, and release Vively from, any loss, damage, or harm that may result from your sharing or the actions of third parties.
Practitioner-to-Practitioner Sharing – Practitioners may share information you provide within their own teams or practices (for example, among other registered healthcare providers in the same clinic). Vively does not control or audit such internal sharing.
No Liability – To the maximum extent permitted by law, Vively and its related entities, officers, employees and agents disclaim all responsibility and liability for any use, disclosure, or handling of your health data by third parties, including Practitioners.
Indemnity – You agree to indemnify, defend, and hold harmless Vively and its related entities from all claims, losses, or liabilities arising from your decision to share data with Practitioners or other third parties.
Legal Compliance – You warrant that any sharing of health data will comply with applicable privacy and health information laws. You should review and understand the privacy practices of any Practitioner with whom you choose to share your data.

14B. Confidentiality of In-App Consultations

Messages, chat history, and other communications you exchange with your assigned Vively health coach through the App are considered private between you and that coach.

These communications are not automatically visible to referring practitioners, external health providers, or Vively staff who are not directly involved in your care or in the technical operation of the platform.

We will only disclose the content of your in-app consultations if:

you request or consent in writing for us to do so; or
disclosure is required by law, necessary to protect your safety or the safety of others, or otherwise permitted under the Privacy Act 1988 (Cth).

15. Service Availability

We intend that the Vively website, App and Services are generally available 24 hours a day, seven days a week, however availability may be interrupted from time to time for maintenance, upgrades, technical issues, or other development activity.

The operation and availability of the systems used for accessing the Services — including telephone networks, computer systems, cloud infrastructure, and the internet — can be unpredictable and may occasionally interfere with or prevent access. Vively is not responsible or liable for any such interference, delay, or inability to access the Services arising from circumstances outside our reasonable control.

If the Services need to be interrupted for longer periods than we would normally expect, we will use reasonable endeavours to publish or otherwise communicate advance notice via the website, App, or other communication channels.

Nothing in this clause guarantees uninterrupted or error-free operation of the Services, and you acknowledge that temporary unavailability may occur without notice.

16. Acceptable Use

You must use the Services lawfully, respectfully, and only for personal, non-commercial purposes. You agree not to commit or permit any act that is unlawful, inappropriate, or prohibited by these Terms or any applicable law, including (without limitation):

Privacy and personal data breaches – uploading, sharing, or disclosing any private or personal information about another person without their consent;
Defamation and harassment – using the website, App, or Services to defame, libel, harass, abuse, stalk, threaten, or otherwise cause harm or offence to any person, including Vively staff;
Malicious content – uploading or transmitting files, code, or material containing viruses, malware, or any other harmful components that could disrupt or damage the Services or third-party systems;
Offensive or unlawful content – posting or transmitting material that is defamatory, obscene, threatening, pornographic, racist, discriminatory, or otherwise unlawful or offensive;
Security interference – attempting to access, probe, or interfere with the security or integrity of the website, App, networks, or any related systems;
Commercial misuse – using the Services for advertising, solicitation, or commercial gain without our written consent.

Vively reserves the right, at its sole discretion and without notice, to remove, edit, or restrict access to any information or content that we believe breaches these Terms or is otherwise inappropriate, unlawful, or harmful.

16A. Disclosures & User Responsibilities

It is your sole responsibility to determine that the Vively website, app and/or Services meet your individual needs and are suitable for the purposes for which you intend to use them.

You remain solely responsible for complying with all applicable privacy, health, and other laws relevant to your use of the Services. Where you use the Services in a professional or regulated context, you must ensure your use is compliant with all applicable professional or legal requirements.

You are also responsible for maintaining back-ups of any information or data you store or upload through the Services. Vively is not responsible for loss of data due to device failure, network disruption, time-zone shifts, or user error.

You must use the Services only for lawful and intended purposes, in accordance with these Terms and any notices or guidelines published by Vively.

16B. Practitioner and Business Use

The Vively website, App, and Services are designed and licensed for personal, non-commercial use only. Use of the Services for business, professional, or clinical purposes is not permitted under these Terms.

If you wish to use Vively as a Practitioner, clinic, or health business, you must register separately and accept the Practitioner & Health Business Terms and Conditions (B2B), available on our website.

Vively reserves the right to restrict, suspend, or terminate access where it reasonably believes the Services are being used for business or professional purposes under a consumer account.

Consumer protections under the Australian Consumer Law (ACL) apply only to eligible personal consumers and not to professional or business users.

17. Intellectual Property & User Content

All Intellectual Property Rights (including copyright, trademarks, trade secrets, software code, user interfaces, data visualisations, and content) in the Vively website, App, and Services are owned by Vively Health Pty Ltd or its licensors.

Your access to and use of the Services does not grant you any ownership, rights, title, or interest in or to the App, website, or content.

17.1 Licence to Use

Vively grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the App and view its content strictly for your personal, non-commercial use, subject to these Terms. You must not:

reproduce, adapt, modify, distribute, or publicly display any part of the App or its content;
copy or use our layout, design, software, or code; or
decompile, disassemble, reverse-engineer, or attempt to derive source code from any part of the Services.

You may not reproduce, republish, upload, post, transmit, or otherwise distribute any material from the Services for commercial purposes without our prior written consent.

17.2 User Content

By uploading, posting, transmitting, or otherwise making available any material (including text, data, images, audio-visual content, or other information) through the App or Services (excluding personal health data), you:

Ownership & Licence Grant – retain ownership of your content but grant Vively a worldwide, irrevocable, non-exclusive, royalty-free licence (with the right to sub-license) to use, reproduce, adapt, publish, translate, distribute, and display such content for the purpose of operating, maintaining, improving, and promoting the Services.
Lawfulness of Content – must not submit any content that:

is illegal, unlawful, defamatory, misleading, or offensive;
infringes the intellectual property rights or privacy rights of any person; or
could give rise to civil or criminal liability for you, Vively, or any third party.

Right to Remove – Vively reserves the right (but not the obligation) to remove, edit, or disable access to any user content that it reasonably believes breaches these Terms or any applicable law.

You are solely responsible for your content and acknowledge that Vively acts as a passive conduit for its publication

17.3 Restrictions and Retained Rights

All rights not expressly granted to you are reserved by Vively and its licensors.

All other use, copying, or reproduction of the App, Content, or any part of it is prohibited except as permitted by law.

17A. Ownership and Use of User Data

Title to, and all intellectual property rights in, any data, information, or materials you upload, input, or otherwise provide through the Vively website, App, or Services remain your property.

You grant Vively a non-exclusive, worldwide, royalty-free licence to use, copy, transmit, store, back-up and otherwise process such data solely for the purpose of:

operating, maintaining, improving and supporting the Services; and
fulfilling our obligations under these Terms and as described in our Privacy Policy.

We do not claim ownership of your personal or health data. Your data is handled in accordance with our Privacy Policy and applicable privacy laws.

18. Warranties, Liability & Indemnities

To the maximum extent permitted by law, including the Australian Consumer Law (ACL):

The Services, App and website are provided “as is” and “as available”, without any express or implied warranties or representations.
We make no warranty that the Services will be uninterrupted, error-free, secure, current, accurate, or free of viruses, malware, or other harmful components.
All implied warranties, conditions, and terms, whether statutory or otherwise, are excluded to the fullest extent permitted by law.

You agree to waive, release, discharge and relinquish any and all claims you now have or may have against Vively, its related entities, directors, employees or agents, arising from or in connection with your use of the Services.

You indemnify and hold Vively harmless against all losses, damages, liabilities, taxes, costs and expenses (including legal costs) incurred by Vively arising from:

your use of or access to the Services;
any breach of these Terms;
any negligence, fraudulent or dishonest conduct, or misuse of your account (including by others using your login credentials).

Vively provides a wellness and lifestyle platform only. We do not provide medical or health services. Where our Services involve or refer to third-party hardware, software, or laboratories (including CGM manufacturers), you agree that such third-party products and services are governed by their own terms of use. Vively is not responsible for any loss or damage arising from their use or performance.

Where liability cannot be excluded under the ACL, it is limited to re-supplying the Services or replacing/refunding the product.

18A. Information Accuracy and Liability Disclaimer

The information provided on the Vively website, App and through the Services is general in nature and provided for informational and educational purposes only.

While we use reasonable efforts to maintain accuracy and currency, the content is not comprehensive, may contain typographical or technical errors, and may change without notice.

We make no warranty or representation that any information made available through the website, App or Services will be complete, accurate, up-to-date or suitable for your individual circumstances.

You are responsible for verifying any information before relying on it and for monitoring updates.

Your access to and use of the website, App and Services is at your own risk.

We are not responsible for any interference with, or damage to, your own computer systems, devices, or data occurring in connection with use of the website, App or Services. You must take your own precautions to ensure that whatever you access is free of viruses, worms, Trojan horses or other malicious code.

We are not responsible or liable for the conduct, omissions or information supplied by any third party (including device manufacturers, laboratories, couriers or practitioners).

To the maximum extent permitted by law, you agree that the limitations of liability in these Terms represent a fair and reasonable allocation of risk between you and Vively.

19. Suspension & Termination

We may, at our absolute discretion, suspend or terminate your access to the Vively App, website, or Services (in whole or in part) immediately, without liability, if:

you provide false, inaccurate, or misleading information when registering or using the Services;
you breach any material term of these Terms and fail to remedy that breach within 5 business days after receiving notice from us;
you breach confidentiality or privacy obligations, or misuse another person’s personal information;
you engage in offensive, abusive, threatening, or unlawful conduct towards any other user, practitioner, or Vively staff; you fail to make payment for any product or service when due;
you misuse the Services, attempt to disrupt or interfere with their operation, or use them for unlawful or non-personal purposes; or
you breach any applicable law or regulation in connection with your use of the Services.

We may also suspend or restrict access temporarily for maintenance, security, or compliance reasons.

If your access is terminated, all rights granted to you under these Terms will cease immediately, but your obligations (including payment obligations and any indemnities) will continue.

Termination or suspension does not limit any other rights or remedies we may have under law or equity.

20. Dispute Resolution

If you have a concern or complaint about the performance of these Terms or the Services, please contact us first at contact@vively.com.au.

You must allow us reasonable time to review your concern, determine a possible solution, and notify you of our proposed outcome.If the dispute is not resolved within 20 days, the parties agree to the following procedure:

Written Notice of Dispute – The complainant must give the other party written notice outlining:

(a) the nature of the dispute;
(b) the outcome sought; and
(c) the action believed necessary to resolve it.
Initial Good-Faith Meeting – Within ten (10) business days of receiving the notice, the parties will meet (in person or electronically) in good faith to attempt to resolve the dispute by agreement.
Mediation – If the dispute cannot be resolved at the Initial Meeting, either party may refer the matter to mediation in New South Wales.

If the parties cannot agree on a mediator within five (5) business days, the mediator will be appointed by the Law Society of New South Wales.

The mediator will decide the time and place for mediation, and both parties must participate in good faith.
Any attempts to resolve a dispute under this clause are made without prejudice to any other rights or entitlements of the parties under these Terms, at law, or in equity.

21. Notices

We will send notices or other required communications to you by email to your registered address or via in-App messages.

You must ensure that your contact details and account information are accurate, current and kept up to date at all times, and promptly update them if they change.

Notices are deemed received when sent electronically, even if not read.

22. Other Terms

Availability of the Vively App may depend on your App Store or Google Play region.

It is your responsibility to ensure that your device, operating system, and app-store account (including country or region settings) allow you to download and access the Vively App before purchasing any Vively product or subscription.

Vively is not responsible or liable for refunds or compensation where you are unable to access or download the App due to incorrect regional settings, account restrictions, or app-store availability outside of supported regions.

You acknowledge that changes in time zone or travel between countries can disrupt or interfere with the accuracy, syncing, or functionality of CGM and related app data. Vively does not warrant that data collection or sensor performance will remain accurate when used across time zones, and we recommend that users do not use CGM sensors if travelling to a different time zone. Vively is not responsible for errors, gaps or inaccuracies in data arising from time zone changes, travel, or related device behaviour.

We may assign or transfer our rights and obligations under these Terms. You may not assign yours without our written consent.If any provision of these Terms is invalid, it will be replaced with one that best reflects the original intent, and the remainder will continue to apply.

Additional General Provisions

These Terms, together with our Privacy Policy and any other documents expressly incorporated, constitute the entire agreement between you and Vively regarding the Services and supersede all prior understandings.

A delay or failure to exercise any right or power is not a waiver of that right or power.

A person who is not a party to these Terms has no right to enforce or benefit from any of their provisions.

These Terms survive termination of your account to the extent necessary to give effect to their intent

22A. Force Majeure

Neither Vively nor you will be liable for any delay or failure in performance (except payment obligations) caused by circumstances beyond a party’s reasonable control, including acts of God, natural disasters, war, pandemics, labour disputes, supply chain disruptions, government restrictions or network failures. Obligations are suspended during the event, and we will use reasonable efforts to notify you of major impacts.

23. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non‑exclusive jurisdiction of NSW courts.

Contact us: contact@vively.com.au

Terms and conditions for Practitioners and Health Businesses

Last Updated - 14 December 2023

Vively is committed to improving consumers' metabolic health by providing Practitioners and Health Businesses with objective data, actionable insights and effective client engagement tools to facilitate this.

These Terms and conditions (Terms) cover your use of our service. As well as our Privacy Policy and Returns Policy, there are separate Terms for Practitioners/Health Businesses and for consumers who sign up to use Vively. The Terms for Practitioners and Health Businesses are documented below. If you are a consumer, please review the Consumer Terms.

Vively Health is a client engagement platform for Practitioners and Health Businesses with their clients (Clients). The platform consists of a client-facing App and an interconnected business-facing web-based dashboard (“Dashboard”).

About these Terms

You should read these Terms carefully.

In these Terms:

“Vively”, “Vively Health”, “we”, “us” or “our” means Vively Health Pty Ltd (ACN 654 451 680) and includes our directors, employees, agents and our related bodies corporate.
“User”, “you” or “your” means:
○ a Practitioner; and/or
○ a Health business

Registration and Use

To use the website and related services, you must register with us by providing us with registration data as requested. If your registration is accepted by us, you will have access to the website and related services and will be able to:

access and use the Dashboard in its most current version; and
add Clients to (and remove them from) the Dashboard

Except in respect of information and data that we are required by law to maintain records for, we reserve the right to delete any information or data associated with a Client account if the Client requests to unlink their account. If you need access to the historical records, you can contact us and we will provide an export of the historical data in an encrypted file.

We do not permit individuals under 18 years of age to become registered users of our Dashboard and services. By using the Dashboard and services, you represent and warrant that you are at least 18years of age and have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms.

We reserve the right to decline your registration request if you do not pass our verification process. If you provide registration data to us, you represent and warrant to us that the registration data provided is true, complete, accurate and up to date, and you undertake to maintain the accuracy and currency of your registration data at all times.
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If you provide us with registration data, you consent to the following:

you may receive emails, SMS and push notifications, from us regarding details of your registration and/or information relating to your access and use of the services and your account; and
from time to time, we may email you regarding our services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

You acknowledge that we may use your registration data and any other personal information provided to us inaccordance with our Privacy Policy

Obligations of Practitioners and Health Businesses

In providing or receiving the health information of a Client via the Dashboard, you warrant that you are appropriately qualified at law to do so, have sought all required consents from the Client to do so and that you have otherwise fully complied with all Privacy Laws and other relevant legislation and regulations applicable to the collection, storage, use and disclosure of health information.
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You agree to indemnify us for any liability, costs and expenses (including our reasonable legal costs) which we incur as a result of a breach by you of your privacy obligations. We disclaim any liability whatsoever for information collected or shared outside the Dashboard.

Ownership, access and use of information that you input

Title to, and all intellectual property rights in, the information you input into our website remain your property.

You grant to us a licence to use, copy, transmit, store, and back-up this information only for the purposes of enabling you to access and use the website, and any other purpose related to provision of services to you.

Your authority to use the website or use the website on behalf of someone else

You acknowledge that:

You are authorised to use the Dashboard and to access the information that you input into the Dashboard, including any information input into the Dashboard by any person you have authorised to use the Dashboard.
We have no responsibility to any person other than you and nothing in these Terms confers, or purports to confer, a benefit on any person other than you. If you use our services or access the Dashboard on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
○  you are responsible for ensuring that you have the right to do so;
○  you are responsible for authorising any person who is given access to information, and you agree that we have no obligation to provide any person access to such information without your authorisation and may refer any requests for information to you to address; and
○ you will indemnify us against any claims or loss relating to:
■  our refusal to provide any person access to your information in accordance with these Terms,
■  us making available information to any person with your authorisation.

Service availability

Whilst we intend that the website and Dashboard should be available 24 hours a day, seven days a week, it is possible that on occasions, the website and Dashboard may be unavailable, among other things, due to permit maintenance, technical bugs or other development activity to take place.

Additionally, the operation and availability of the systems used for accessing the Dashboard, including telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Dashboard. We are not in any way responsible for any such interference or prevention of your access or use of the Dashboard.

If, for any reason, we have to interrupt the services on the website or Dashboard for longer periods than we would normally expect, we will use reasonable endeavours to publish or otherwise communicate in advance details of such activity on the website or through other communication channels.

We may, at our discretion, remove information that you have input into the website (e.g. if you state that you are fully qualified or registered in a particular profession in which you are not qualified).

Disclosures from us for Practitioners and Health businesses

It is your sole responsibility to determine that the website, Dashboard and related services meets your needs and is suitability for the purposes for which it is used.

You remain solely responsible for complying with all applicable privacy, health and other laws. It is your responsibility to check that storage of and access to information via the website and Dashboard will comply with laws applicable to you (including any laws requiring you to retain records in a certain way or for a certain number of years).

It is your responsibility to use Vively inthe way it is intended, and not for any other purpose.

Consumer guarantees will not apply in some circumstances

The Dashboard can only be used for your business and not personal use. If you would like to sign up as anon-practitioner or non-health business, please do so using a different email address and accept the Terms and conditions for Consumers (which can be found here).

You warrant and represent that you are acquiring the right to access and use the website and Dashboard for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of services by us, the website or these Terms.

Monthly commissions payment

If you are officially registered within the Vively Partner Program and we have formally accepted your registration, the following applies:

Practitioners and Health businesses registered under the Vively Partner Program may be eligible to receive monthly commissions based on the number of paid subscriptions generated through the referral of Clients. The specific commission structure shall be determined and communicated by Vively to Practitioners and Health businesses at the commencement of the partner relationship.
Commissions accrued by Practitioners and Health businesses shall be calculated and disbursed on a monthly basis, in arrears. The payments shall be processed within fifteen (15)days following the close of each calendar month, provided that the affiliate has successfully referred a Client on a paid subscription and the Client has not requested a refund;
Commissions will be paid via electronic funds transfer (EFT) to the Practitioners and Health businesses’ nominated bank account. It is the Practitioners and Health businesses’ responsibility to ensure that the payment details are accurate and up-to-date within the Account Settings section of the Dashboard;
Practitioners and Health businesses are required to notify Vively of any discrepancies or disputes relating to the commission within thirty (15) days of the commission payment date. Failure to report discrepancies within the stipulated period will result in the acceptance of the payment as accurate and complete.
The Practitioner and Health business is solely responsible for any tax obligations arising from or related to the commission payments received from Vively CGM. Practitioners and Health businesses are required to submit their GST registration status prior to receiving commission payments;
Upon termination of the Vively Partner Program relationship, any earned commissions that remain unpaid as of the termination date will be payable during the next monthly payment cycle, subject to other Terms of this agreement;
We reserve the right to modify the commission structure, payment schedule, or any other aspect of this clause at any time, upon providing a thirty (30) days’ notice to the affiliates.
Practitioners and Health businesses agree to comply with all applicable laws, regulations, and guidelines, as well as the Terms of Vively when participating in the Vively Partner program and receiving commission payments.

By participating in the Vively Partner Program, participating Practitioners and Health businesses acknowledge and agree to be bound by the terms of this Monthly Commissions payment clause.

Obligations, Warranties and Representations

You must only use the website and Dashboard for your own lawful internal business purposes, in accordance with these Terms and any notice sent by us or condition posted on the website. You may use the website and Dashboard in order to provide services to others (including Clients), and if you do so you warrant to us that:

you are complying with all relevant laws including in relation to your reporting and obligations to Medicare, health insurers, regulatory bodies and other funding bodies;
you are authorised to do so; and
that all persons, including your Clients, for whom or to whom services are provided are aware of and comply with and accept all terms of these Terms, including the Privacy Policy, that apply in relation to information you input into the website and Dashboard.

We are not a health or medical practitioner and use of the website and Dashboard does not constitute the receipt of health or medical advice. We do not provide any health or medical advice.

To the maximum extent permitted by law, including Australian Consumer Law, we make no warranties or representations about this website, Dashboard and related services, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We do not warrant that the website will meet your requirements or that it will be suitable for any particular purpose. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

The provision of, access to, and use of, the website, Dashboard and related services is on an "as is" basis and at your own risk. We make no warranty that:

errors or defects will be correct;
the Dashboard, website and related services will be free of viruses or other harmful components; or
the Dashboard, website and related services will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by third parties.

It is your sole responsibility to determine that the Dashboard, website and related services meets your needs or the needs of your business and is suitable for the purposes for which it is used.

To the maximum extent permitted by law, including Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Dashboard, website and/or related services, or as a result of the inaccessibility of this Dashboard, website and/or related services or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from your use of our Dashboard, website and related services is limited in respect of any one incident, or series of connected incidents, to us re-supplying the Dashboard, website or related services to you. If you are not satisfied with the Dashboard, website and related services, your sole and exclusive remedy is to cease using the Dashboard, website and related services and terminate these Terms.

Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.

Indemnity

To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Dashboard and your use of Dashboard and related services.

You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Dashboard, website and related Services and any breach by you of these Terms.

You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Client due to your actions or your employees, agents or sub-contractors in connection with your use of our website, Dashboard and related services and you indemnify us from and against any and all claims by any Client in relation to your actions (including health advice, treatments, or other information shared by you) and that of your employees, agents or sub-contractors in connection with your use of our website, Dashboard and related services.

Sharing data across the platform

The Vively platform is built to enable Practitioners and Health Businesses to choose to share information such as clinical reports, tools or records with other practitioners or with Clients.

‍ Additionally, with your permission, information you upload may be shared between:

Practitioner user and practitioner user (e.g. within a practice, to other a practitioner using Vively Health outside of your practice, or to a practitioner through secure messaging services that are integrated with your Vively Health account); and
Practitioner user and Clients. Once you have shared information in this way, it will form part of the receiving account’s data and subject to their use and control.

Termination of use of Dashboard, website and related services

We may, at our absolute discretion, prohibit your access to the Dashboard, website and related servicesif:

it transpires that you have provided false or misleading information via the Dashboard;
you breach a material term of these Terms;
you breach a term of these Terms and do not rectify the breach within 5 business days of our notifying you of the breach;
you breach these Terms with regard to confidentiality or privacy;
you are found by us to be offensive or abusive to any other User or Clients;
you breach any relevant law applicable to your use of the Dashboard or Services; and
you or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed over any of its assets or if your become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction

Intellectual Property

You acknowledge that all Intellectual Property Rights in the Dashboard, website and related services are the property of us (or our licensors) and your use of, and access to, the Dashboard, website and related services does not give you any rights, title or interest in or to the Dashboard, website and related services. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Dashboard, website and related services or any part of them.

You may not modify or copy the layout or appearance of the Dashboard, website and related services or any computer software or code contained in the Dashboard, website and related services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Dashboard, website and related services.
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You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Dashboard, website and related services on another website or commercialise any information obtained from any part of the Dashboard, website and related services without our prior written consent.

By uploading, posting, transmitting or otherwise making available any content and communication via the Dashboard, website and related services (other than content which includes Client’s health information), you represent and warrant that you either own the Intellectual Property Rights in that content or have the necessary permission to upload, post, transmit or otherwise make available that content via Dashboard, website and related services.

Prohibited activity

You must not commit any act that we would deem to be inappropriate, unlawful or prohibited by any laws applicable to the Dashboard, website or related services, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using the Dashboard, website or related services to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise, or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to the website, we have the right to take down this information at our sole discretion and without notice.

Waiver and Liability regarding accuracy, completeness and timeliness of information

The information on the Dashboard, website and related services is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Dashboard, website and related services, to the extent permitted by law, including Australian Consumer Law, we make no warranty regarding the information on the Dashboard, website and related services. You should monitor any changes to the information contained on the Dashboard, website and related services.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Dashboard, website and related services or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Dashboard, website and related services (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.

You acknowledge and agree that:

Your use of the Dashboard, website and related services is at Your own risk;
We provide the Dashboard, website and related services only, and are not responsible or liable for the conduct or activities of any third parties, including third party service providers, Clients and other Users;
under no circumstances will We be liable to You for (i) any illness, injury, or death resulting from use of the Dashboard, website and related services;

You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Dashboard, website and related services or these Terms.

The User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

Confidential Information and Privacy

You agree not to use or disclose confidential information received or disclosed to you via the Dashboard, website and related services, save for such use or disclosure necessary and required to perform your obligations under these Terms. Disclosure will be, in any event, only made to your employees, officers, agents or contractors to whom it is necessary to do so and who are directly involved in performing your obligations.

You must, in connection with your use of the Dashboard, website and related services;

ensure that you and your employees, officers, contractors and agents are aware of your obligations under all applicable Privacy Laws;
at all times comply with your obligations under applicable Privacy Laws; and
take reasonable steps to assist us to comply with our obligations under applicable Privacy Laws as may be notified to you from time to time.

We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.

Dispute resolution

If you have a complaint about the performance of these Terms or the Dashboard, website and related services, you will contact us at contact@vively.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

If the dispute is not resolved within 20 days, the parties agree to the following dispute resolution procedure:

The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
If the parties cannot agree on how to resolve the dispute at the Initial Meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Institute of NSW to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under these Terms, by law or in equity.

Other terms and conditions

Clients which you have referred Vively to through the Dashboard are governed by the Terms and conditions for Consumers (which can be found here)
The Vively app and/or the Services is specifically designed for users who have access to the Australian Apple and Android Store. To use the app and/or the Services, you must have a valid account with the Australian Apple or Andriod Store and abide by its terms and conditions. Users without access to the Australian Apple or Android Store will not be able to download, install, or use this application. It is your responsibility to ensure that you have access to the Australian Apple or Android Store and comply with any regional restrictions or requirements set forth by the Australian Apple or Android Store. Failure to have access to the Australian Apple or Android Store may result in the inability to use this application or access its full range of features and services.
Your use of the Dashboard, website and related services and these Terms are governed by the law of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
These Terms, together with our Privacy Policy and the terms of any other notices or instructions given to you under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings, and constitute the entire agreement between you and us relating to our services and website and the other matters dealt with in these Terms.
You may not assign or transfer any rights to any other person without our prior written consent.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to contact@vively.com.au or to any other email address notified by email to you by us. Notices to you will be sent to the email address which you provided when setting up your access to the Dashboard, website and related services.

By registering an account, accessing and/or using Vively’s website, app and web-based Dashboard and related services that we offer (collectively, website), you agree to these Terms, which include our Privacy Policy and Returns Policy. You are taken to have accepted the terms of our Privacy Policy and Returns Policy when you accept these Terms. These Terms constitute an agreement between you and us. You should review our Privacy Policy and Returns Policy and these Terms carefully and immediately cease using our services and/or the website if you do not agree to these Terms. We reserve all rights to alter these Terms at our discretion. Each time you use the website and related services, it is your responsibility to be aware of our current terms. By continuing to use the website and related services following our publishing of changes to these Terms, you will be deemed to have accepted those changes. These Terms, as amended by us from time to time, continue to apply for the duration of your use of our website and related services.

Terms and conditions for Consumer Telehealth
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Last updated: 12 August 2025

These Terms and Conditions ("Terms") apply to consumers who subscribe to Vively’s Telehealth Plan, which includes:

‍Pre-payment for a GP Telehealth Consultation and Blood Test: Before accessing the GP consultation, consumers will pay for two services in one bundle: a general practitioner consultation and a blood test, which is necessary for the consultation.

Initial Online Medical Consultation: A consultation with an Australian-registered general practitioner ("Prescribing Practitioner") conducted via telehealth.

Clinical Assessment: A clinical assessment by the Prescribing Practitioner, determining your eligibility for medication.

Prescription and Medication: Where clinically appropriate, prescription and delivery of medications (including but not limited to GLP-1 receptor agonists and hormone replacement therapies).

Ongoing Support: Follow-up care and ongoing support for your condition, including digital health coaching.

Vively App Access: Access to the Vively app, including insights, wellness tracking, and educational resources.

Monthly Group Sessions: Monthly group sessions with an Australian-registered general practitioner (for educational purposes only).

This offering is suitable only for non-urgent and non-life-threatening health concerns. It is not a replacement for emergency or general in-person medical care.

‍1. About the Telehealth Plan
‍The Vively Telehealth Plan ("Telehealth Plan") is a subscription-based service offered by Vively Health Pty Ltd (ACN 654 451 680) ("Vively", "we", "us", "our"). It includes the following services:

‍Pre-payment for Two Services: A pre-payment for both a GP consultation and a blood test, which is required for the consultation. This blood test is essential to assess your eligibility for medications during the consultation.

Telehealth Consultation with Prescribing Practitioner: After completing the blood test, you may book a telehealth consultation with a Prescribing Practitioner, who will assess your medical status based on the results.

Medications and Prescriptions: If deemed clinically appropriate, medications such as GLP-1 receptor agonists or hormone replacement therapy (HRT) may be prescribed.

Ongoing Health Support: Access to ongoing support through the Vively app, including health coaching, educational resources, and the ability to purchase additional blood tests and Continuous Glucose Monitors (CGMs) if relevant to your care plan.

‍Monthly Group Sessions: Educational sessions with an Australian-registered GP for continued learning and support.

2. Clinical Independence and Practitioner Relationship
‍All consultations are conducted by independent, Australian-registered general practitioners ("Prescribing Practitioners").

Vively does not provide medical services, offer clinical advice, or interfere with the medical judgment of a Prescribing Practitioner.

By subscribing to the Telehealth Plan, you enter into a direct clinical relationship with the Prescribing Practitioner, governed by applicable medical and ethical regulations.

3. Clinical Suitability and Prescribing Medications
Clinical Suitability and Prescribing Medications are only prescribed if deemed clinically appropriate by the Prescribing Practitioner.

Blood Test Requirement: A blood test is a prerequisite for the GP consultation. The results of the test will help the Prescribing Practitioner assess your eligibility for certain medications (e.g., GLP-1s or HRT).

Acknowledgement:

There is no guarantee that a prescription will be issued.

Prescriptions are issued at the sole clinical discretion of the Prescribing Practitioner based on your individual health status and medical history.

Vively does not control or influence prescribing decisions.

Prescriptions may be provided for a defined quantity and repeat cycle, and may change over time based on your response to treatment.

All medications prescribed through the Telehealth Plan are approved for use in Australia by the TGA.

Off-Label and Compounded Medications: In rare cases where your Prescribing Practitioner recommends a medication for an unregistered use (“off-label”) or a compounded medication, they will explain this to you and obtain your informed consent prior to prescribing.

4. Partner Pharmacies and Medication Fulfilment
‍Vively is not a pharmacy and does not supply medication. Where prescribed, Vively may coordinate the fulfilment of prescriptions with a licensed third-party pharmacy ("Partner Pharmacy"). Upon prescription, you enter into a direct supply arrangement with the Partner Pharmacy. Vively facilitates the logistics and payment processing but does not control medication stock, compounding, or delivery.

‍5. Delivery of Medications
‍Medications are delivered by third-party logistics providers ("Partner Couriers"). Estimated delivery times are provided as a guide only. Vively is not liable for delays caused by the Partner Pharmacy or Courier. You are responsible for ensuring someone is available to receive the delivery.

‍6. Subscription and BillingSubscription Fees:
The Telehealth Plan is offered as a recurring monthly subscription (assuming eligibility following on from the telehealth consultation and blood test) that includes the prescription (if clinically suitable), ongoing app access, coaching, and educational sessions.

Payment Authorisation: By subscribing, you authorise Vively to charge your selected payment method for the subscription fee.

Changes in Pricing: Prices are inclusive of GST and may vary with 30 days’ notice.

Subscription Renewal: The subscription automatically renews each month unless cancelled by you. Vively reserves the right to pause or cancel your subscription if payment fails or clinical ineligibility arises.

7. Cancellations and Refunds

Refunds will not be offered in the following circumstances:

‍Clinical Ineligibility: Even if you are found to be clinically unsuitable for medication during your initial consultation, no refunds will be provided for the blood test or GP consultation.

‍Medication Eligibility: If the Prescribing Practitioner determines that you are not eligible for medication, you will still be liable for the payment made for the initial blood test and consultation.

Refunds will only be offered in the following situations: The Partner Pharmacy is unable to fulfil your prescription, and you do not wish to continue with the Telehealth Plan.A product or pricing error has occurred that affects your subscription or payment.

Refund Conditions: If your subscription is cancelled after a prescription has been issued and dispensed, you will remain liable for the current month’s subscription fee, and no refund will be offered.All payments made at checkout are for the initial blood test and GP consultation. Subsequent payments for the Telehealth Plan, including any medications and ongoing care, are non-refundable.

Cancellation: You may cancel your subscription at any time via your account or by contacting us at contact@vively.com.au.

‍8. Privacy and Health Information
‍Personal and sensitive health information is handled in accordance with our Privacy Policy. By subscribing, you consent to:

- Sharing your health data with your Prescribing Practitioner and Partner Pharmacy.
- Vively facilitating prescription fulfilment and delivery.
- Vively staff (e.g., health coaches) accessing non-clinical data for wellness support.

9. Limitation of Liability
‍Vively is not liable for:The conduct or clinical decisions of Prescribing Practitioners.

- Errors in dispensing by Partner Pharmacies.
- Delays or damage in shipping.
- Side effects, adverse events, or treatment failure.

You assume full responsibility for:

- Following all medical advice and medication instructions.
- Informing your regular GP of your treatment plan if desired.
- Reporting side effects to your prescribing doctor.

10. Emergencies and Ineligibility
‍The Telehealth Plan is not appropriate for emergencies. If you are experiencing urgent symptoms (e.g., chest pain, shortness of breath), call 000 immediately.Practitioners may at any time determine that telehealth is not clinically appropriate for you and recommend in-person care instead.

‍11. Consent and Acknowledgements
‍By subscribing to the Telehealth Plan, you confirm and acknowledge:

You are at least 18 years of age.

You reside in Australia and access the services within Australia.

You understand that Vively is not a medical provider and does not guarantee a prescription.

You consent to receiving health services, medication, and follow-up in a digital format.

You understand the scope and limitations of off-label and compounded prescriptions.

12. Contact and Complaints

‍For support or to raise a complaint, please contact:
Email: contact@vively.com.au

‍13. Jurisdiction
‍These terms are governed by the laws of New South Wales, Australia. By using the Telehealth Plan, you submit to the non-exclusive jurisdiction of the courts of New South Wales.

‍14. Australian Charter of Healthcare Rights
‍Vively supports and adheres to the Australian Charter of Healthcare Rights, as published by the Australian Commission on Safety and Quality in Health Care. These rights apply to all individuals receiving care through our Telehealth Plan and include:

Access

Safety

Respect

Partnership

Information

Privacy

Giving feedback

For full platform-wide terms (including the CGM-based Complete Plan), please see the Vively Consumer Terms.

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Vively Consumer CGM & Blood Test Terms and Conditions‍Last Updated - 17 October 2025