These Terms and Conditions apply to services (“Services”) supplied to you by Vively Health Pty Ltd (“Vively” / “Us” / “We” / “Our”).
These Terms and Conditions form a contract between you and us, along with:
We reserve the right to amend these Terms and Conditions and will notify you of any changes from time to time.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE FOLLOWING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, VIVELY DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.
You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any weight loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician or GP before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
You must exercise caution, good sense and sound judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. Vively will investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.
We do not permit individuals under 18 years of age to become registered users of our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions.
Due to the physiological sensitivity that occurs with pregnancy and our inability to provide collaborative care with physicians/other medical professionals, individuals who are pregnant will be unable to use our Services.
The Vively on-demand care team and lifestyle medicine plans are accessed via a subscription model.
We begin with an online assessment which we review and use as a basis for an initial personalised lifestyle medicine plan. Depending on your subscription you may receive access to such things as: an on-demand holistic healthcare team for online consultations; local classes and services; at home testing kits; data and insights.
At the end of any introductory trial or offer, you agree to pay for the cost of your Services in full, in accordance with our price list and your chosen subscription.
If at any time you select items not included as part of your subscription (such as online consultations, medicine, supplements, and tests) this will be at an additional cost to the subscription fees.
For more information in relation to subscription packages and fees, refer to the 'How it works' page of our website: https://www.vively.com.au/how-vively-works
The Services are only accessible if you login using your username and password. You must not provide or reveal your login details to any other person.
You are responsible for protecting the security and privacy of your login details and must notify us immediately in the event they are lost or if you know of or suspect any unauthorised use. You are solely responsible for all activity that occurs under your account.
You must not:
Our website, and any content made available on or through it (“Intellectual Property”) is owned or licensed by Vively.
You may access and download the material on our website to the extent necessary as part of the Services. You must not otherwise copy, replicate, distribute, republish, reproduce, alter, modify, translate, adapt, create derivative works, perform, publicly display or otherwise exploit such Intellectual Property in whole or in part, without our written permission.
You must not link to, frame or mirror any part of the website without our express written authorisation.
You acknowledge that we may make changes to any part of our website or its content from time to time.
You grant to us a worldwide, irrevocable, non-exclusive, royalty free licence to use, reproduce, adapt, publish, translate and distribute any material (including text, data, images and audio-visual) that you upload to our website (“Content”). You also grant us the right to sub-license our rights in respect of your Content.
You must not submit any Content that is illegal or unlawful, infringes any third party's legal rights, or is capable of giving rise to legal proceedings whether against you or us or a third party.
Links and third party information available on or via our website is not supplied, maintained or operated by Vively. To the maximum extent permitted by law, we do not represent or warrant such links or information to be accurate, adequate, correct, up to date, suitable, legal, of a particular quality, or complete. Vively disclaims all liability in respect of all third party links and information.
The inclusion of third party links and information on our website does not imply or constitute our endorsement of, or acceptance of responsibility for, the same.
If you have private health insurance, you may be eligible for a rebate on the cost of the Services from the insurer. Your policy terms, and the level of rebate, is a matter between you and your insurer. Failure of your insurer to provide you with any rebate is a matter between you and your insurer and does not constitute grounds for delaying or failing to pay for your Services.
Vively makes no representation or warranty regarding any benefits, payments or reimbursements which you may be entitled to from your insurer.
Once you commence Services you agree to accept all responsibility for following them through to completion.
Should you wish to cease the Services for any reason:
We may terminate, disable, block or limit your access to or use of Vively’s website (including by the removal of your Content) at any time if, in our absolute discretion, we consider that you have misused the website or are in breach of these Terms and Conditions.
By agreeing to receive the Services you consent to us sharing your personal information (which may include sensitive health information) with third parties, business associates, or affiliates for the purpose of us providing the Services to you.
You acknowledge and agree that ‘Vively’ is an online platform. As such, the Services necessarily may involve the disclosure of your personal information to overseas locations.
If at any time you have a complaint or believe that a dispute has arisen with us in relation to the Services, you must notify us, and work with us in good faith to seek to resolve the matter.
To the extent permitted by law, you agree to release us from and indemnify us and hold us harmless against all costs, losses, expenses, claims, liabilities and damages incurred by you or any third party arising out of your use of our website and/or the Services.
You agree to accept all liability for any:
by you or any person using your login details.
Vively’s website is a technological platform which facilitates communication between patients and health practitioners. Whilst we have taken steps to ensure that each practitioner is suitably qualified, skilled and trained, we do not make any representation or warranty about their qualifications, skill or suitability. You release us from liability in respect of any and all acts, omissions or defaults (whether negligent or otherwise) of any practitioner or other third party with whom you come into contact through our website or in the course of the Services.
The services provided by the health professionals are not medical, mental health or any other type of health service. The services provided by the health professionals is not psychotherapy or mental health counselling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. Vively cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
Access to our website is solely at your own risk. We do not warrant that any information, data, software or other material accessible from our website is free of computer viruses, Trojan horses, worms, or other computer programs, code or other harmful components. You must ensure that the device used to access the Platform is protected by up-to-date anti-virus software.
You acknowledge that the Services have been explained to you and are understood by you.
You consent to receive the Services on the following bases.
We will keep you fully informed throughout the Services, and ensure that we have adequate consent from you at each stage of the Services. You may withdraw your consent at any time by contacting us and deactivating your account.
If you have any questions about the Services or these Terms and Conditions, we encourage you to contact us as soon as possible.