As expressed in these Terms, the 'Business', 'Us', 'We' or 'Our' means Valetudo Pty Ltd ACN 627 554 545 (in its capacity operating its Tinnitus Treatment division) operates a medical application through a website-based platform located at 'www.tinnitustreatment.com.au' and an associated application (together, the 'Tinnitus Applications').
The Business provides general guidance and treatment for the medical condition commonly known as Tinnitus through frequency therapy, which can be accessed by subscription to the Tinnitus Applications ('Services').
The Business may amend and/or vary these Terms at any time and at the sole discretion of the Business (so long as the amendments and/or variations are reasonable), and You agree to be bound by these Terms as amended and/or varied. The amended and/or varied Terms will be published in or on the Tinnitus Applications from time to time. You should check these Terms regularly prior to accessing the Tinnitus Applications and/or Services to ensure You are aware of any amendments and/or variations.
It is Your sole responsibility to ensure Your use of the Tinnitus Applications, the Services and/or any information found on the Tinnitus Applications ('Information'), is appropriate to Your physical condition.
We take no responsibility for the Services and/or any Information being ineffective or inapplicable to Your physical condition.
You agree that the Services and/or Information does not constitute medical advice and should not be construed as so. Your use of the Tinnitus Applications and/or Services does not create a ‘medical practitioner and client’ relationship. Your use of the Tinnitus Applications and Services should be supplementary to seeking medical advice from a medical practitioner, and You should not make any health or medical related decisions based in whole on the Services and/or Information, without first seeking professional medical advice. We do not accept any liability of any kind in respect of any information or advice provided to You by a medical practitioner and/or third party in relation to Your medical condition.
Your Privacy is important to Us.
Information found on the Tinnitus Applications is not comprehensive and is intended to provide a general summary of tinnitus, as a medical condition, and the Services. While We use all reasonable attempts to ensure the accuracy and completeness of the Information, to the extent permitted by law, including the Australian Consumer Law, We make no warranty regarding this. You accept that it is Your responsibility to monitor any changes to the Information and take reasonable steps to ensure its accuracy and completeness.
Unless otherwise indicated, the Business owns or licences from third parties all rights, title and interest including copyright, designs, patents, trademarks and other intellectual property rights and all material including all text, graphics, logos, button icons, images, audio, digital downloads, data complications and software ('Material'), within the Tinnitus Applications and Services (collectively, the 'Owned Content'). All of the Material is protected by Australian copyright laws and trademark laws. Your use of the Tinnitus Applications and Services and any access to the Owned Content does not grant or transfer any rights, title or interest to You in relation to the Owned Content.
You may not copy, further develop, reverse engineer, reproduce, re-publish, modify, alter, download, post, broadcast, transmit or otherwise use the Owned Content in any way, except to the extent permitted by law.
The Tinnitus Applications and Services are for Your personal use only. You may not use the Tinnitus Applications and/or Services, or any of the Owned Content therein, to further Your commercial purposes, including any advertising or advertising revenue generation activity on Your personal website(s) and/or application(s).
Depending on the technology utilised by Us at the time, You may need to download certain software and or updates to properly use the Tinnitus Applications and Services. If that is the case, We will inform You.
To the extent You need to download software to utilise the Tinnitus Applications, We grant to You a revocable, non-exclusive, non-transferrable, limited right to install and use the Tinnitus Applications on a device owned and controlled by You in accordance with these Terms.
Tinnitus Applications may include software code, scripts, interfaces, graphics, displays, text, documentation and other components which are owned by Us and form part of the licence granted by Us to You.
When You use the Tinnitus Applications, the Services, or send e-mails, text messages, and other communications from Your desktop computer or mobile device to Us, You may be communicating with Us electronically ('Electronic Communications'). You consent to receive Electronic Communications from Us, which also includes mobile push notices, or notices and messages on the Tinnitus Application, or through the Services and Our Message Center. You can retain copies of Electronic Communications for Your records only.
When engaging Us through Electronic Communications, You must ensure the content of that Electronic Communication does not breach any law, is not obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not contain software viruses, spam or any alike material ('Prohibited Communications'). You accept all responsibility for any damage or liability arising from Your sending of Prohibited Communications.
To access the Tinnitus Applications and Services, You may require an account ('Account'). You are required to maintain the confidentiality of Your Account and associated information including Your password and login details. You agree to accept responsibility for all activities that occur under Your Account. Creation of an Account and use of the Tinnitus Applications and Services are not available to children. You confirm that You agree You are 18 years of age, or older and live in Australia, before accessing the Tinnitus Applications, Services and/or creating Your Account.
Your access to the Services is subject to Your purchase of a subscription, which can be made through Your Account ('Subscription'). Your Subscription must include a valid payment method provided by You, and You agree the Business may charge Your payment method as payment or valuable consideration for Your Subscription. Your Subscription will automatically renew based on your plan so either monthly or every 12 months ('Renewal Period') until cancelled in the section titled ‘Subscriptions Details’ within My Account settings. We will notify You if the price of Your Subscription increases during a Renewal Period and will seek Your consent to renew Your Subscription in this circumstances. You will be charged no more than 24 hours prior to a Renewal Period. Subscriptions will be paid one month in advance. If We are unable to charge Your Subscription payment method for any reason , and You have not cancelled Your Subscription, You remain responsible for any unpaid amounts, and We will seek this amount from You personally. You retain the right to cancel Your Subscription with 14 days notice; if, within 14 days, a new Renewal Period begins, You will be required to pay the full amount of Your Subscription for that Renewal Period. You confirm and understand that if you choose the 12 month Subscription period there will be no option for refund of your Subscription.
Subject to Your compliance with these Terms, and Your payment of any applicable Subscription fee, the Business may grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services ('Licence'). The Licence does not include any resale or commercial use of the Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to You in these Terms are reserved and retained by the Business or its licencors, suppliers, publishers, rightsholders, or other content providers. The Services, nor any part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Business. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of the Business without express written consent from the Business. You may not use any meta tags or any other hidden text utilising the Business name or trademarks without the express written consent of the Business. You may not misuse the Services. You may use the Services only as permitted by law. The licence that may be granted to You by the Business to access the Services may be terminated by the Business if You do not comply with these Terms.
The Services must be utilised in a manner as advised by Us.
When utilising the Services, We strongly recommend that You must only do so for a maximum of 4 hours per day, use ear or head phones and ensure Your device volume is below 88 decibels (88db). As a material condition to Your agreement to these Terms, You agree to utilise the Services in the manner as recommended by Us.
If You utilise the Services on or from an Android device, which You or someone else ‘rooted’ (the process of modifying the software of an Android device) or on or from an iOS device which You or someone else ‘jail broke’ (the process of modifying the software of an iOS device), the Business shall not be responsible for the security of Your data, including Your personal information, and You shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data (and You indemnify and forever release the Business against such losses, claims or damages in any form).
To the maximum extent permitted by law, including the 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 Tinnitus Applications and/or the Services, as a result of the inaccessibility of the Tinnitus Applications and/or Services or the fact that the Information is incorrect, incomplete or not up-to-date.
We make no warranties or representations about the Tinnitus Applications or the Services, including, but not limited to, being free from error or software virus. You expressly agree that Your use of the Tinnitus Applications and/or the Services is at Your sole risk.
Your use of the Tinnitus Applications, the Services and these Terms are governed by the law in force in the State of South Australia and You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia and the Federal Court of Australia (Adelaide Registry).
The Business respects the intellectual property of others. If You believe that Your intellectual property rights are being infringed, please report this to email@example.com.
This email address may be used to report all types of intellectual property claims to the Business including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and We terminate the Subscription of repeat offenders in appropriate circumstances.
Written claims concerning copyright infringement must include the following information: