Terms & Conditions

---

Health Village Pty Ltd ACN 681 624 055

1. These Terms 
   1. These terms and conditions form a legally binding agreement between you and us. You acknowledge and agree that these terms and conditions apply to your access to, and use of, the site and the service available through the application. In accessing or using the application or using the service, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions.
   2. To the extent that you are accessing the Application on behalf of an individual either as a responsible person for an individual for the purposes of the Privacy Act 1995 (Cth), or an authorised representative or a nominated representative of a healthcare recipient for the purposes of the My Health Records Act 2012 (Cth), you warrant that you have the authority to access the Application on behalf of that individual and accept these terms and conditions on that individual’s behalf. 
2. Privacy Statement

Our Privacy Policy is set out in the Application and on our website located here: [insert link to website where Privacy Policy is published] and shall apply to You and Your use of the Application and Our Services.

1. Amendments to terms and conditions

We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Application. Your continued use of the Application and Our Services following such notification will represent an agreement by You to be bound by the terms and conditions as amended.

1. Service

We do not represent or warrant that the Application or Our Services will be uninterrupted or error-free or defect-free. We do not represent or warrant to You that any electronic files available through the Application or Our Services will be free of Harmful Code.

1. Security

You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on Your mobile phone system or on the Application. To the maximum extent permitted by law, We accept no liability for any Loss which You may suffer or incur as a result of such activity.

Further information on the security of your information is available in our Privacy Policy. 

1. Change of Service

We reserve the right to make any changes to Our Services considered by Us as necessary or desirable. We will use all reasonable endeavours to give prior notice of such changes on the Application but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Application).

1. Lawful use
   1. You must use the Application and Our Services for lawful purposes only and ensure that Your access to, or use of, the Application and Our Services is not illegal or prohibited by law. It is Your responsibility to comply with all Applicable Laws in using the Application and Our Services.
   2. You agree at all times to deal with any information or Materials provided or accessed through the Application in a manner which complies with all Applicable Laws.
2. Misuse of the Application and Materials
   1. You must not misuse, in any way, the Application or any Materials posted on the Application (including, without limitation, modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way the whole or any part of any Materials except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of Our Services).  
   2. You must not interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to the Application.  
   3. You must not attempt to reverse engineer, reconfigure, or manipulate the Application.
3. Rules about linking to the Application
   1. You may share or establish a link to the Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  
   2. You must not establish or share a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
   3. The Application must not be framed or mirrored on any third party website or application.
   4. We reserve the right to withdraw linking permission without notice.
   5. If you wish to link to or make any use of content on the Application other than set out above, please contact info@healthvillage.com.au
4. Disclaimer

To the maximum extent permitted by law, We shall not be liable for any Loss of any kind (including indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with: 

1. Your access to, or use of, Our Services, the Application, any Materials, or any linking to the Application on a third party site; 
2. any decision or action taken by You in reliance on any information or Materials provided through the Application; 
3. any error or defect in the Application or Our Services. 

The foregoing disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.

1. Statutory warranties
   1. To the fullest extent permitted by law, Our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these terms by any legislation (Statutory Warranties) is hereby excluded.  
   2. Where We are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, Our liability for any breach of such Statutory Warranties shall be limited, at Our option, to one or more of the following: 
      1. if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and 
      2. if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. 

You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.

1. Intellectual Property 
   1. All Intellectual Property in the Application and in the Materials is owned by Health Village Pty Ltd ACN 681 624 055 and/or its licensors. Material procured from a third party may be the subject of Intellectual Property owned by that third party.  
   2. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of Our Services, You may not, in any form or by any means: 
      1. copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or 
      2. commercialise the whole or any part of the Materials.
   3. All trade marks used on the Application are a trade mark or registered trade mark of Health Village Pty Ltd ACN 681 624 055 or are licensed from third parties.
   4. You must not use any of Our trade marks or trade marks of third parties featured on the Website: 
      1. in or as the whole or part of Your own trade marks; 
      2. in connection with any business, products or services which are not Ours; 
      3. in a manner which may be confusing, misleading or deceptive to any person; or 
      4. in a manner that disparages Us, the Materials, or the Application.
2. Term
   1. We may terminate this Agreement, any Account created by You on the Application and Your access to the Application if You breach any provision of these terms and conditions or otherwise in Our discretion, without the need to provide reasons.  
   2. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
3. General provisions
   1. If We waive, in whole or part, any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
   2. If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force.
   3. The laws governing this Agreement will be the laws in the State of New South Wales Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
4. Definitions

In these terms and conditions, unless the context otherwise requires:

Account means an account associated with a registered user who uses or has used the Application.

Agreement means the Agreement between You and Us comprising these terms and conditions.

Applicable Laws means all laws applicable to You in Australia or any other jurisdiction.

Application means the Health Village mobile phone application. 

Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.

Intellectual Property means all intellectual property rights worldwide, including without any limitation neighbouring rights, moral rights, copyright, rights in trade marks and service marks, trade secrets, know how, data, circuit layout rights, confidential information, inventions, patents, rights in internet domain names, patent applications, including: 

1. registered and unregistered intellectual property rights (including equitable rights);
2. applications for grant of any of the above;
3. other rights of a similar nature arising (or capable of arising) under statute or at common law in the Commonwealth of Australia or anywhere else in the world; and 
4. other future intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organization, 1967. 

whether or not such intellectual property was created, developed or reduced to material form before or after the date of this Agreement. 

Loss means any loss or damage of any kind including, without limitation, liability to a third party.

Materials means any content made available by Us via the Application (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts).

Services means Our services (including, but not limited to, use of the Application for social prescribing services). 

We, Us, Our means Health Village Pty Ltd ACN 681 624 055.

You, Yourself, Your means all persons with whose personal information we deal, and any person, business, company or organisation accessing or using the Application. 

These Terms and Conditions were last updated on 1st November 2025.