Terms & Conditions

Summary

BY ACCESSING OR CONTINUING TO USE OUR WEBSITE AND RELATED SERVICES, INCLUDING THE UPI SERVICE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, OR THE TERMS OF OUR PRIVACY POLICY, YOU SHOULD CEASE USING OUR WEBSITE AND VIA SERVICE.

This website is owned and operated by Upvio Healthtech Pty Ltd ABN 35 657 030192 (hereafter referred to as ‘us’, ‘we’, and ‘our’). Your continued use of our website indicates your agreement to these terms and conditions of use (Terms).

our Privacy Policy sets out how we (a) store and use your personal information and you may access and correct your personal information; (b) how you can complain to us about the handling of your personal information, and (c) how we will handle any complaint. Please contact us if you have any further queries about our privacy policies or procedures [support@upvio.com]

Upvio

We have developed and provided access for you under these terms, to access our software known as Upvio, a cloud-based calendar booking and scheduling service which permits you to take and schedule bookings for your business. Upvio is a clever scheduling application that may “learn” and suggest improvements to your business schedule with time. At such a time when this feature becomes available, you will be given the option of opting into this. Upvio is a product that can just as easily be used for private meeting organisations as well as large scale business schedules and time management.

Registration

You will need to be a registered user of our website to access certain uncertain functionaries of our website, which may include using Upvio or accessing certain features or products which we may offer from time to time.

When you register and activate your account with us, you will need to provide us with personal information including your name, business name, email address, and other personal information. You warrant that this information is true and correct and that you are creating an account to use for yourself and not on behalf of any other person. We will treat your personal information by our Privacy Policy.

We may disclose limited information you (or your customers or clients) provided to us during the course or using Upvio with third parties who help us deliver our services (including information technology providers, communication providers, and our business partners, and related entities) or as required at law.

If you do not provide us with your personal information, we may not be able to provide all our products or services to you, including access to Upvio. We may limited disclose your personal information to recipients that are located outside of Australia, including technology partners located in the United States of America.

When you register with us, you will be required to enter a password. You are responsible for keeping your email and password secure at all times and remain responsible for any activity or use performed using your username. You must use a strong password and keep that password secret and secure at all times.

If you register on behalf of a company, business, partnership, or on behalf of a trust or unincorporated association, you agree to ensure that to the extent any other person within that company, business, partnership, or trust (and including any of your customers or potential customers) uses Upvio or our website (including when using your login information), they will do so strictly by these terms.

Subscription

Certain features or functions of our website (including the use of Upvio) are available only to registered subscribers (Subscribers). We offer different subscription plans which contain different levels of functionality for our Subscribers. Minimum subscription periods may apply.

If you select a subscription plan you agree that you will (a) pay any fee associated with that plan on the intervals stated in that plan by the methods of payment nominated on our website, and (b) only use those features or resources identified in that plan.

Upvio is constantly being improved. As such, we reserve the right to change the services, functions, and resources contained in any subscription plan or the period (including any minimum period) applying to any subscription plan.

If the subscription plan you have selected ceases to be offered to the public or is altered, we may provide you with notice of the change to your nominated email address which will take effect at the end of your current subscription period. A change in your subscription plan may cause some or all of Your Content to be deleted or altered.

We may(at our sole discretion) permit you to continue on a subscription plan despot willing that plan is no longer offered or that plan being otherwise changed. If we permit you to maintain such a subscription plan, you will not be entitled tore-select that plan if you cancel or permit your account or current subscription to lapse. We may also notify you at any time that your grandfathered plan may terminate on a nominated date and by that date, you must either cancel your use of Upvio or select another subscription plan, failing which we may migrate your account to another plan in our sole discretion and you agree to pay any fees associated with that new plan.

We may offer a free trial period or limited free plan during which you may use Upvio and decide if our offering is appropriate for your needs. At the end of any trial period, we may alter the ability of any trial Subscriber to access Upvio. We may also extend any trial period at our sole discretion.

UnlimitedSMS is governed by "fair use" which sees the total number of standard text-sized SMS limited to 300 per month. Excess charges may apply if fair use is exceeded.

Your content

During the course of your use of Upvio or our website, you (or your customers) may provide, or enable other software applications you use to provide, information to us which may include data, text, music, images, videos, or other material of any kind capable of being transmitted electronically (Your Content).

You agree and warrant that Your Content will be (a) your own (or your customer's potential customers' own) creation; or (b) that you are entitled to use your content; and (c) that our use of Your Content will not breach any third party intellectual property rights (whether created by you or your customer's or potential customers).

your content remains at all times your personal responsibility. You agree that y remain liable for any claims of any kind relating to Your Content, including in respect of defamation, breach of intellectual property rights, breach of privacy, or any other claim arising from your Content. You hereby indemnify us for any loss or damages suffered howsoever arising (including legal costs on a full indemnity basis or otherwise) from a breach of this clause.

You agree not to request and not to include in Your Content anything which might be reasonably considered to be offensive, inaccurate, misleading, defamatory, fraudulent, or illegal under the laws of Australia.

By submitting Your Content (or authorizing any software to provide us with your consent) you grant to us a license to use Your Content for the purposes of deliver and permit you to use Upvio. We may store or transmit your content and other data you provide to us, including personal information, to offshore locations as part of delivering our service to you, including transmitting your data to or via the United States of America. We take great care to ensure this data is secure. Upvio may retain your data after you terminate your agreement with us, unless you explicitly state you would like this data to be deleted. You may ask for any of your data that we do have to be removed by emailing [support@upvio.com]. We do not intend on using, or selling, or exploiting your data. See our Privacy Policy for more information.

Prohibited use

You further agree not to use our website or Upvio to solicit, request or distribute any material (including Your Content) which: (a) promotes racism, bigotry or hatred or encourages physical harm of any kind against any particular group or individual; (b) might be reasonably considered to be harassment or advocating for the harassment of any person or group; (c) is pornographic or promotes pornographic or sexually explicit material of any kind; (d) is abusive, threatening, obscene, defamatory or libellous; (e) is illegal; (f) infringes any third party’s intellectual property rights; (g) defames any person; (h) is derogatory towards any person or company or brand; (i) promotes the unauthorised or illegal copying of another party’s copyrighted works; (j) provides instructions concerning the performance of illegal activities; (k) solicits passwords or other personally identifying information form any other user for a purpose other than the permitted use of our Website; (l) involves the sending of unsolicited electronic or physical mail or an act in breach of the SPAM Act; or (m) promotes any contests, sweepstakes, advertising or pyramid scheme(s).

We reserve the right to remove Your Content at any time and for any reason, including if we believe that Your Content is in breach of any obligation under these terms, or if any of our hosting, network, or third party providers considers Your Content breaches any of their terms in force from time to time between us and those providers or requests that we remove Your Content for any reason.

Cancellation and Termination

You may cancel or terminate your account with Upvio at the end of any applicable subscription period by emailing [support@upvio.com], you may downgrade your plan at any time.

If you do not make payment of fees for your subscription, your account may be suspended or terminated without notice. You agree to pay interest to us at the rate of 1.5% monthly on any amounts which fall due under these terms, including any the fee for subscription plans. Should any reverse charges or credit card challenges be applied to your account erroneously, you agree to reimburse Upvio the full challenged amount as well as a $150 administration fee, which can be automatically charged to your account.

We may terminate your account with seven days' notice if you are found to be in breach of our terms and conditions.

On cancellation or termination of your account for any reason:

you will no longer be charged any further fees for access to Upvio beyond your current paid-up subscription period; and
if you had already paid for a subscription period, you will remain able to access the plan until the end of your current paid-up subscription period and you will not be entitled to a refund for any unused time or features in respect of your account; and
we may delete all Your Content and any other data that you have provided to us. If that occurs, we will not be able to recover that data for you once it has been deleted.

Information contained on our website

The content and information we present on our website are intended to provide a summary of the subject matter covered. While we use all reasonable steps to ensure the accuracy and completeness of the information and Our Content, to the greatest extent permitted by law, including the Australian Consumer Law, we give you no warranty concerning the accuracy or completeness of Our Content information provided to you. Our Content and information on our website may change without notice, but we do not warrant that we will keep Our Content information updated. We are not liable to you or anyone else if Our Content information on our website is not up-to-date, accurate, or complete.

We are not liable to you or anyone else if any part of our website (or a website we link to) causes interference with or damage to your computer systems (including your mobile devices). You must take such precautions as you feel are sufficient to protect yourself from any malware, viruses, or any other way in which our website (or a website we provide a link to) could damage your computer systems(including your mobile devices and software).

Promotions

From time to time we may offer certain campaigns, promotions, or contests. If and when we offer these, additional terms and conditions may apply to those campaigns, promotions, or contests and you must agree to those additional terms. In the event of any inconsistency between these terms and the terms of any campaign, promotion, or contest, the latter terms prevail over these terms to the extent of such inconsistency.

Consumer guarantees

In Australia, our goods, and services may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, and undertakings, and any other legal rights, arising under the AustralianCompetition and Consumer Act or any other laws. Any other warranties or conditions which are not guaranteed by the Australian Consumer Law or the competition and Consumer Regulation 2010 are expressly excluded where permitted, including any imposing liability for loss of expectations, loss of profit, incidental or consequential loss, or damage caused by a breach of any express or implied warranty or condition.

To the extent that we are in breach of any consumer guarantee, your sole remedy will be for us to provide to you the features or service that was previously provided, or to pay for those features or services to be re-performed for you.

Availability

We do not warrant or represent that Upvio or our website will be available to you at all times or that it will meet your particular needs.

You acknowledge that your ability to access Upvio and our website is dependent on third-party providers, including your own internet access and via our network and hosting providers. Service and access to Upvio or our website may be interrupted by network outages or other factors beyond our control including denial of service or other malicious attacks. We accept no liability arising from any lack of availability to Upvio due to factors beyond our control.

We may interrupt your access to Upvio or our website to perform repairs or maintenance or to introduce new features or services or due to reasons beyond our control. In the event Upvio or our website is not available due to reasons beyond our control, we will undertake reasonable steps to restore public access to our website and Subscriber access to Upvio.

Support services

If you are a Subscriber you may be entitled (depending on the plan you have selected)to technical support services as part of your subscription.

If you require support, you agree to follow our procedures in place from time to time for the resolution of technical issues with Upvio, and to provide us with such reasonable assistance (at your own cost) as we may require to address your support request.

Warranties

To the maximum extent permitted by law, including under the Australian Consumer Law, we provide and make no warranties or representations about this website, Upvio or Our Content, including but not limited to any warranties or representations that the Website or Our Content will be complete, accurate, up-to-date, that your access to the website or Our Content will be free from interruptions or errors, or free from viruses. While we will take reasonable steps to secure our website, we cannot warrant that it is secure.

Our services do not include detailed monitoring or oversight of (a) Our Content;(b) Your Content; (c) other users' content; (d) your Subscription; or (e)verification of any dates or times or other information provided to us.

While we prohibit subscribers from uploading content that may be objectionable, we do not warrant that any of the content on Upvio or our website generated by other users will be free from any offensive statements or material.

Liability

We will operate Upvio with the reasonable skill and care of an online service provider.

The maximum extent permitted by law, including under the Australian Consumer Law, we shall not be liable to you for any direct or indirect loss, damage, or expenses, howsoever arising, which may be suffered as a result or in connection with your use of our website, Upvio or Our Content or as a result of Upvio our website not being accessible or as a result of any of Our Content, not being correct, complete, or up-to-date.

Your use of Upvio and our website is on the basis that Our Content and Upvio are provided on an ‘as-is basis and that you have made reasonable inquiries and satisfied yourself that Upvio and Our Content are suitable for your circumstances without any reliance on any representations made (orally or in writing) by us or our employees or agents.

Indemnity

If you have any kind of dispute with another user of Upvio, you agree to pursue such dispute independently of us and to release and indemnify us from any claims, liability, or damage arising from such a dispute

You agree to indemnify and hold harmless us, our subsidiaries affiliates, directors, agents, partners, and employees from any claim or demand (including legal costs on a full indemnity basis) arising in connection with your breach of any of these terms.

Linked sites

Our website may contain hyperlinks to websites operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained in the future. Unless expressly stated to the contrary, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. We may place links to referral programs within our website under which we may obtain a financial benefit if you visit such a link and then make a purchase from a third-party website.

Intellectual Property rights and license

The contents of our website, including its “look and feel” (such as text, graphics, images, logos, and button icons), photographs, editorial content, notices, software(including programs), and other material (Our Content) are protected under applicable laws.

Unless otherwise stated, we own or hold a license from third parties for all of the rights, titles, and interests (including copyright, designs, patents, trademarks, and other intellectual property rights) in Our Content, Upvio, and our website.

Subject to the terms and conditions in these terms:

we grant you a limited license to access the website and view and use Our Content and;
‍
if you are a Subscriber, conditional upon you paying any applicable fee and not being in breach of these terms, we grant you a limited license to access the current version of Upvio service during the time that you are a Subscriber. Following any updates to Upvio your license transfers and applies to that version of Upvio.

Any reproduction or redistribution of this website or Our Content or Upvio is strictly prohibited and may result in civil or criminal penalties being sought against you.

No resale of Upvio

This website and Upvio are provided for your to use either personally or in your business in the form provided only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of Our Content, software, products, or services contained within this website, or any part of Upvio unless authorized by us in writing. You may not use this website, or any of our content, to further any commercial purpose beyond the functions enabled by Upvio, including any advertising or advertising revenue generation activity on your own website, or by seeking to operate a calendar booking website or online business whether or not that competes with us.

Proper use

You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or is unlawful or prohibited by any laws applicable to our website, including but not limited to any act which would constitute a breach of privacy, using this website to defame or libel us, our employees or any other individuals.

You must not seek to reverse engineer the code contained in our website or upload files or content which contains viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to our website any material which we have not authorized including material which is, in our sole opinion, likely to annoy, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of security protocols.

You must also not solicit your users to upload sensitive documents or attachments to any Upvio service.

If we permit you to post any information, such as comments or other content, to our website, we reserve the sole right to remove that information without notice to you. If you are permitted to post information to our website, in doing so you agree that you are deemed to have granted us an irrevocable and unlimited license to use any of that information in any manner we see fit.

The support and features you are permitted are governed by the plan to which you are subscribed.

General matters

If any part of these terms is found to be void or unenforceable then it is deemed to be severed from these terms and the balance of the Terms will be read without that part.

These terms override any prior representations or promises as to the performance of our website or Upvio including any representations made o our website and the extent those representations go beyond the matters stated under the paragraph following the heading “Upvio” above.

If any dispute arises between you and us, you agree to set out in writing to us the nature of your dispute, including sufficient particulars for us to be able to understand the nature of your complaint, before you commence any legal proceedings against us (ironing us to ongoing legal proceedings). If we request, you agree to attend mediation by the Mediation Rules of the Resolution Institute. You agree to keep confidential any matters passing between us in connection with any dispute or mediation in perpetuity.

For the purposes of delivery of any notices required under these terms, you agree to accept delivery of such notices via the email address you nominate from time to time in your profile, or if you have deleted your profile, the last email address you nominated in your profile, with the delivery of such notice deemed to have occurred 3 hours after the sending of any email to you.

Your use of this website, Upvio (if applicable), and these terms are governed by the law of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts in New South Wales in respect of any dispute arising from these terms.

 Use of the Upvio Mobile Apps, FaceVitals, BodyVitals or DermaVitals

You must be at minimum of [18] years of age in order to use any of our services.
The information on the Website and the Apps is not intended as and should not be used to replace specific professional medical advice (including advice on diagnosis, treatment or prevention of any medical condition) or for any therapeutic purpose. You acknowledge and agree that the Website and the Apps is an information service only. The Company is not responsible for any injury or loss that you may suffer as a result of following advice on the Website or the App. If you have any specific health concerns, pre-existing medical conditions or questions regarding your medical condition you should consult a qualified medical professional. You are at all times responsible for seeking independent advice from your healthcare professional before acting on or following any information or material provided on the Website or the App. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR HEALTHCARE PROFESSIONAL BEFORE USING ANY OF THE INFORMATION ON THE WEBSITE OR THE APPS (especially - but not only - if you have an eating disorder, diabetes, high or low blood pressure, cholesterol issues, you are pregnant or you are trying to conceive). At times the Website and the Apps will contain recommendations. These recommendations are only provided as general information. You should not rely on these recommendations. They are not provided as medical or professional advice or opinion. They naturally do not take into account factors specific to you and your circumstances. You should always seek your own advice on any medical, health or fitness related matters from your healthcare professional. To the full extent permitted by law the Company hereby avoids liability and/or responsibility for any adverse outcomes that might arise, directly or indirectly, from any recommendations on the Website or the App.