Terms and Conditions

1. Introduction

These Terms and Conditions together with our privacy policy and website disclaimer, govern Viva Health Pty Ltd’s relationship with you in relation to your use of this website. By using our website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.

2. Intellectual Property Rights

Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions, Our Privacy Policy and Website Disclaimer.
You must not use any material on our website for commercial purposes without our written permission.

3. Acceptable Use

You must not use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger or other malicious computer software. You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to our website without our express written consent.

4. Disclaimer

The information contained on this website is for general information purposes only. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. See our website disclaimer for more information.

5. Limitations of Liability

We will not be liable to you in respect of any loss or damage of any nature arising from any breach by you of these Terms and Conditions, including without limitation loss of income, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6. Indemnity
You agree to indemnify us, and keep us indemnified, against any costs, losses, claims, damages, expenses, liabilities, or proceedings arising from your use or misuse of the website or your breach of these Terms and Conditions.

7. Variation
We may revise these Terms and Conditions from time to time. The revised Terms and Conditions shall apply to the use of our website from the date of publication of the revised Terms and Conditions on our website.

8. Severability

If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia, and any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Western Australia.

10. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.