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The Unleash Health Application (the App) and the Unleash Health website (the Website) (together, the Services) are provided by Unleash Health Pty Ltd (ACN 664 617 163) (Unleash Health, Unleash, we, us or our).
This page sets out the terms and conditions applicable to a user’s (you, your) use of the Services (Terms). These Terms, in conjunction with the Unleash Health privacy policy, govern your use of and access to the Services.
Please read the Terms carefully before using our Services.
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By downloading and using our App or accessing our Website, you agree to be bound by these Terms, as updated from time to time in accordance with these Terms.
If you do not want to be bound by these Terms, you are advised to stop using the Services and uninstall the App from your device. Unleash Health only grants use of and access to our Services to those who have accepted these Terms.
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The App offers users health and wellbeing focused journeys (Journeys). The Journeys support the user to follow a 7 day program focused on different health and wellbeing topics.
You can sign up to one Journey at a time. Once a Journey is complete, you can sign up to another Journey.
Users will be guided to participate in different activities within each Journey.
Our brand partners may also provide product recommendations to you within the Journey.
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Before using our Services, please read our privacy policy regarding our collection, retention and use of personal information. The current version of our privacy policy, as updated from time to time, is available on our website (Privacy Policy).
By continuing to use our Services you are deemed to have read and understood the Privacy Policy and to have consented to the use of your personal information in accordance with the Privacy Policy.
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You must be at least 18 (eighteen) years of age to use our Services. By using our Services, you warrant that you are at least 18 years of age. Unleash Health assumes no responsibility for liabilities related to age misrepresentation.
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We do not currently charge you any fees for downloading and using our Services.
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We are the owner of, or the licensee of all intellectual property rights in the Services, including but not limited to copyright, trade secrets, trade marks, patents, and other intellectual property rights (whether registered or not) and applications for such rights. These works are protected by copyright and other laws.
You must not reproduce, redistribute, download, duplicate or display all or any parts of the Services in any form except where such reproduction is essential for your own personal, non-commercial use of the Services.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited and revocable licence to use the App and the intellectual property rights in the App for personal and non-commercial use for the purpose of accessing our Services.
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In order to access the App, you will be required to create a user account. To register for an account you will need to provide personal information including contact details. You are responsible for ensuring the accuracy of this information. If any of your information is not up to date, this may impact our ability to provide the Services to you.
When you sign up for the App with your email address, you will also be required to choose a password. We encourage you to select a complex password (for example, one that includes a combination of symbols, numbers and letters). You are responsible for maintaining the confidentiality of your password and login details.
We retain discretion as to whether to register your user account for the provision of the Services.
You are responsible for all activities that occur in connection with your user account. If you suspect any unauthorised use of your account or any security breaches in connection with your account, you must notify us immediately in writing at support@unleash.health.
Once we create your user account, you will be able to:
i) update and amend your details within your user account; and
ii) terminate your user account.
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We may:
i) suspend your user account and access to the App; or
ii) terminate your user account and access to the App;
without prior notice at any time if we consider it reasonably necessary to do so, including but not limited to if we suspect or identify a breach of these Terms.
If practicable or appropriate in the circumstances, we will give you notice of the suspected or actual breach and advance notice of the suspension or termination of your user account.
You may delete your user account at any time within the settings of your user account within the App.
From time to time we may need to cease to offer a Journey within the App, for example if there is a change in laws, or our arrangements with a brand partner are revised.
We may at any time cease to offer the App. We will advise you in advance of doing so, to the extent it is reasonably practicable for us to do so.
Upon your account being terminated or deleted, your personal details will be removed from the App except for that information required to be maintained for compliance with applicable laws.
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When you register an account in the App, you consent to being subscribed to our mailing list and to receiving electronic marketing messages from us. We may from time to time send you information about our products and services, as well as details of some of our brand partners. We may send this through the App or by email. If you have consented to receive push notifications, we may also send electronic marketing messages in this way.
You may also consent to being subscribed to some or all of our brand partners’ mailing lists. If you provide your consent to receive marketing materials from a specific brand, you may receive promotional emails and updates from that brand partner. To unsubscribe from our brand partners’ marketing communications or otherwise change your preferences, please follow the unsubscribe link in their communications.
You may opt-out of receiving marketing messages from us at any time by changing your preferences in settings, or by following the unsubscribe link that will be included in each marketing communication that we email to you.
If you unsubscribe from our marketing communications, we may still need to communicate with you from time to time in order to administer your user account and to communicate service messages to you.
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We are not a licensed health care provider.
Our Services are solely for information, motivation, guidance, and entertainment. Our Services are not intended to:
i) be used as medical advice;
ii) diagnose, treat or cure any illness, condition or disease, or for any therapeutic purposes; or
iii) serve as a substitute for professional medical advice or care.
We strongly recommend that you consult with a qualified healthcare provider and obtain appropriate professional medical advice if you have any questions about your health, any medical condition or the relevance of the information made available through the App or the Website or if there are any unanticipated changes to your physical or mental condition arising from your use of the Services.
Brand sponsorships do not imply a medical recommendation for any products or services. Please exercise your discretion when considering whether a product or service is right for you and always read product labels thoroughly and adhere to the provided directions for use.
If you are aware of, or suspect, that you might be pregnant or may have a physical or mental condition, we recommend seeking advice from a medical practitioner before using our Services.
You should never delay seeking medical advice or disregard medical advice because of something you have read on our Website or App.
We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that to the maximum extent permitted by law, you are solely responsible for:
i) your use of the Services; and
ii) any consequences resulting from the failure to seek professional medical advice when needed.
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Our Services may contain links to third-party websites and services that are not under our control, including the sites of our brand partners and sites that provide access to the scientific research that supports the activities within each Journey.
The third-party sites will have different privacy policies and terms & conditions than Unleash Health. You acknowledge and agree that your use of such third-party sites is governed by the respective third-party site’s privacy policy and terms.
We provide links to third-party sites to you for your convenience. We do not recommend or endorse the contents of any third-party sites. Our Services simply facilitate your interaction with third-party sites, and Unleash Health is not responsible for any issues and/or disputes between you and such third parties.
Unleash Health is not responsible for, and makes no express or implied warranties with regard to, the information and material made available on third party sites and the underlying policies regarding use and privacy of those third party sites.
If you access third party websites through our Services, you are doing so at your own risk.
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All statutory or implied conditions, guarantees and warranties are excluded by Unleash Health to the maximum extent permitted by applicable law. To the extent permitted by law, where liability under any condition, guarantee or warranty which cannot legally be excluded but can be validly limited, such liability is limited to supplying the Services again, or paying the cost of having the Services supplied again.
To the maximum extent permitted by applicable law and subject to clause 12)a):
i) our Services are provided “as is” and “as available”;
ii) we make no warranties of any kind either express or implied, including but not limited to warranties of fitness for a particular purpose or non-infringement in relation to the Services and the content, information and materials stored within or published by Unleash Health;
iii) given the inherent nature of the internet, we cannot and do not warrant that access to our Services will be uninterrupted or that the Services will be free from errors, glitches, bugs or viruses; and
iv) while we will take all due care in delivering the Services, to the extent permitted by law, you download, access and use our Services at your own risk.
We reserve the right to make the Services unavailable at any time in order to carry out maintenance and upgrades. We will use our reasonable endeavours to provide notice of any planned maintenance.
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Unleash Health does not endorse, guarantee or assume responsibility for any product or service advertised or sold through or in conjunction with our Services.
Any products or services you purchase in conjunction with our Services are purchased from the relevant third party merchant, not from Unleash Health. Unleash Health will not be a party to or be in any way responsible for monitoring any transaction between you and a third-party merchant or a brand partner.
You acknowledge that the third-party merchant is the seller of the products and services and is solely responsible for the provision, quality and fitness for purpose of any goods, services or benefits.
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You agree to indemnify Unleash Health and its affiliates against and in respect of any loss, expense, damage, claim or demand suffered or incurred as a result of you breaching these Terms.
We reserve the right to select our own legal counsel.
You will not be liable to us to the extent that any loss, expense, damage, claim or demand is suffered or incurred as a result of our fraud, negligence or wilful misconduct.
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Nothing in these Terms excludes or limits any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights.
To the maximum extent permitted by applicable law, Unleash Health and our brand partners exclude all liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, in respect of any loss or damage you suffer arising from or in connection with your use or access to or reliance on the Services, unless such loss or damage is directly caused by our own negligence. Without limitation, this includes indirect, consequential, exemplary, incidental or special damages that result from or relate in any manner to these Terms.
Where our liability to you cannot be excluded, our liability to you is limited to rectifying any mistake or error and, where required, re-supplying our Services correctly.
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or because of your use of the Services, including, without limitation, costs relating to the servicing, repair or adaptation of any devices, equipment, software or data that you may own, lease, license or otherwise use.
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These Terms are governed by the laws of the State of New South Wales, Australia.
The Courts of New South Wales and courts hearing appeals from them have non-exclusive jurisdiction in relation to these Terms.
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We may assign or otherwise transfer any of our rights and obligations under these Terms at any time without your prior consent. Any assignee will be subject to these Terms as if all references to Unleash Health or us were to the assignee. If you consider that the assignment is detrimental to you, you may cease accessing or using our Services at any time in accordance with clause 8)b).
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If any provision of these Terms is held to be illegal or unenforceable, the provision will be read down only to the extent necessary to make it enforceable. The balance of the clause and the other provisions of these Terms will remain in full force and effect.
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A failure by us to enforce or assert any right under these Terms does not constitute a waiver of that right.
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If you have any questions relating to the Terms, please contact us at support@unleash.health.
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Please contact us directly via support@unleash.health if you have any complaints.
You agree to raise any complaint or dispute in relation to our Services with us directly, and provide us with a reasonable opportunity to consider, respond to and resolve your complaint or dispute before you initiate any legal proceedings (other than legal proceedings for urgent relief).
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We may send you information related to our Services by:
a) notification (including a push notification) or message sent to you through the App, if permitted to do so;
b) displaying the information within the App; or
c) by email to the email address recorded for your user account.
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Unleash Health reserves the right to revise these Terms from time to time. The revised Terms will be effective immediately upon our posting of the revised Terms on our website. Please check back from time to time to review our current Terms & Conditions.
If we consider that any of the amendments to the Terms may reduce your rights or increase your responsibilities, we will provide at least 14 days’ notice of the changes to you.
If you continue to use our Services after any changes to these Terms become effective, you will be subject to the revised Terms. If you do not agree with any changes to the Terms, you may cease using our Services and uninstall the App from your device.