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Terms of use

The following terms and conditions apply to your use of the LiveUp services and to any other correspondence that you may post LiveUp services or send via email in response to a request for information on the site.

Website Terms and Conditions of Use

 

Please note that agreeing to these terms and conditions of use incorporates your use of the LiveUp Services which includes services from ADL Smartcare Limited, such as the LifeCurve. If you disagree with any part of these terms and conditions, please do not use our services(s).

The use of the LiveUp Services, websites and apps is subject to the following terms of use:

The websites https://www.liveup.org.au and https://support.liveup.org.au (collectively the “LiveUp Services”), and their domain names, are owned and operated by Independent Living Assessment Incorporated ABN 41 266 326 832, Unit 7, 7 Tully Road, East Perth WA 6004, Australia (“ILA”).

These terms and conditions ("Terms and Conditions") apply to Your use of the LiveUp Services.
The Terms and Conditions also apply to the following information (“Information”):

  • any correspondence that You may provide to Us via post, email, message, chatbot or telephone in response to a request for information on the LiveUp Services; and
  • the content or material contained in or made available through use of the LiveUp Services, accessed via links from the LiveUp Services or that We provide to You via post, email, message, chatbot or telephone, including information, publications, fact sheets, news and alerts.

  1. These Terms and Conditions are legally binding on You and Us. By accessing, browsing, reviewing and using the LiveUp Services (including Information), You accept and agree to the Terms and Conditions, which, together with the Privacy Policy, governs Your access to and use of the Services. If You do not agree to the Terms and Conditions, You must not access, use or view the LiveUp Services (including Information).
  2. ILA may change the content of the LiveUp Services (including any Information), these Terms and Conditions or Our Privacy Policy at Our discretion and without notice. You should check these documents regularly. By continuing to use or view the LiveUp Services (including any Information) You accept the Terms and Conditions and Our Privacy Policy as they apply from time to time.

  1. The content of the LiveUp Services is for Your general information and personal use only.
  2. You must be aged 16 years or older to use the LiveUp Services.
  3. The LiveUp Services use cookies to monitor browsing preferences. If You do allow cookies to be used, the following anonymised information may be stored by Us for use by third parties:
    • Your location, how You got onto the LiveUp Services and what You click on whilst using the LiveUp Services are all stored by Google Analytics or Google Tag Manager. We use this information to make sure the LiveUp Services meet the needs of every visitor and to help Us make improvements to the LiveUp Services.
  4. When registering with or using the LiveUp Services, whether directly or indirectly, You must provide accurate, complete, and current information and You agree to provide Us with any updates to that information promptly after such changes occur.
  5. You shall be responsible for all device specific security measures associated with accessing and maintaining a connection to the LiveUp Services including, but not limited to, ignoring the option for websites to “remember” passwords and clearing of browser caches of devices routinely.
  6. You must use the LiveUp Services for lawful purposes only and You must not:
    • use the LiveUp Services in breach of any applicable laws or regulations;
    • use the LiveUp Services to harm, abuse, harass, threaten or otherwise offend others;
    • interfere with, disrupt, or create an undue burden on the LiveUp Services;
    • upload, post, transmit or otherwise make available any material that:
      • is not Your original work, or which may infringe the intellectual property or other rights of another person;
      • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      • includes an image or personal information of another person unless You have their consent;
      • You know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
      • contains advertising;
      • contains computer viruses, worms, moles or other contaminating or destructive elements; or
      • contains financial, legal, medical or other professional advice.

    If You believe that a user has breached any of the above conditions, please contact Us.

  7. Unauthorised use of the LiveUp Services may give rise to a claim for damages and/or be a criminal offence.
  8. You may print and download material for personal use from the LiveUp Services provided that You do not modify or reproduce any content without Our prior written consent.

  1. ILA reserves the right to block or suspend any user of the LiveUp Services, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the LiveUp Services by any user, without notice.

  1. ILA’s Privacy Policy is incorporated by reference into these Terms and Conditions. By using the LiveUp Services, You agree to the Privacy Policy.
  2. We take the security of Your information seriously. We will process all personal information transmitted to the LiveUp Services in accordance with Australian Privacy Principles and in line with Our Privacy Policy which is compliant with the Privacy Act 1988 (Cth).
  3. Please note that the Privacy Policy will not cover any third-party websites to which We may provide links on the LiveUp Services.
  4. Contact the ILA Privacy Officer specified in Our Privacy Policy regarding the processing of Your personal information.
  5. Please review Our full Privacy Policy for more information.

  1. All material on the LiveUp Services, including the data, information, text, designs, graphics, arrangement, downloads, and compilation of data (“Content”) is owned by or licensed to ILA and/or Our third party providers and distributors.
  2. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of ILA. All rights of ILA are expressly reserved.
  3. The trademarks, logos and service marks displayed on the LiveUp Services (collectively, the "Trademarks") include registered or unregistered trademarks belonging to ILA, Our affiliates, licensors, and various third parties. All Trademarks reproduced on the LiveUp Services which are not the property of, or licensed to, Us are acknowledged on the LiveUp Services.
  4. Nothing contained on the LiveUp Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks without the written permission of the owner of the Trademarks.
  5. Neither the LiveUp Services (including the Information), nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without Our prior written permission, except as expressly permitted by law.
  6. You are not permitted to:
    • alter or modify the Content or any part of it;
    • delete text from graphics;
    • use any logos or Trade Marks belonging to ILA, and/or Our licensors, third party providers or distributors;
    • copy any information which is marked as belonging to a third-party owner, without the permission of the owner of the copyright.
  7. If You transmit or post any information on the LiveUp Services, it will be considered non-confidential and non-proprietary (with the exception of personal information) and may be used freely by Us for all commercial and non-commercial purposes.
  8. If You wish to use Our ‘LiveUp’ logo in association with events or publications in a way that implies endorsement, partnership or authorship, You must first obtain Our written permission and agreement on how the logo will be used.  If permission is granted, it is only granted for the specific event/product requested; usage with another event/product requires a new request.  Please send Your request to general@ilaustralia.org.au.

  1. Communication, engagement and actions taken through external social media platforms that the LiveUp Services participate on are subject to the terms and conditions as well as the privacy policies applicable to each social media platform respectively.
  2. Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. We will never ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details with Us to contact Us through primary communication channels such as by telephone, email, message or chatbot.
  3. The LiveUp Services may use social sharing buttons which help share content directly, for example from websites to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save Your request to share a website respectively through Your social media platform account.

  1. The LiveUp Services may contain links to or display the content of third parties (“Third Party Content”), including links to third party websites operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under Our control and are provided for Your convenience to provide further information. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If You use or rely upon Third Party Content or Third Party Websites, You do so solely at Your own risk.
  2. You must not link to, frame or mirror any part of the LiveUp Services without Our prior written authorisation.

  1. All reasonable measures are taken by Us to ensure that LiveUp Services are operational all day, every day. However, occasionally technical issues may result in some downtime and, accordingly, We will not be liable if all or any part of the LiveUp Services are unavailable at any time.
  2. We reserve the right to suspend, restrict or terminate Your access to all or any part of the LiveUp Services in the event of maintenance, repair or for any other reason, where it is considered necessary by Us in Our sole discretion, without prior notice or liability.
  3. Where possible, We always try to give advance warning of maintenance issues that may result in the LiveUp Services down time, but We shall not be obliged to provide such notice.
  4. We may change, suspend or discontinue all or any aspect of the LiveUp Services at any time, including the availability of any LiveUp Services feature, database, or Content, without prior notice or liability.
  5. You shall be solely responsible for ensuring that any information or Content obtained from the LiveUp Services does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage Your systems, software, or data.

  1. Information and Content on the LiveUp Services are provided for information purposes only, and are also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing them.
  2. Providing information about an activity, exercise, therapy, service, product or treatment does not in any way mean that We endorse or support such activity, exercise, therapy, service, product or treatment and is not intended to replace advice from Your doctor or other registered health professional.
  3. The Information and Content contained on the LiveUp Services is not intended to constitute a comprehensive guide concerning all aspects of the activity, exercise, therapy, product or treatment described on the LiveUp Services.
  4. You should exercise Your own judgment and seek advice from a registered health care professional for answers to Your medical questions and to ascertain whether the particular activity, exercise, therapy, service, product or treatment described in the Information or on the LiveUp Services is suitable in Your circumstances.

  1. The Information and LiveUp Services are made available on an "as is, as available" basis.
  2. We make no representation, warranty or guarantee (express or implied) as to the fitness for purpose, currency, reliability, accuracy, timeliness, performance, completeness or suitability, non-infringement of third-party rights and / or availability of the Information or LiveUp Services, or that the Information or Online Services will meet Your health or medical requirements.
  3. You expressly acknowledge and agree that the entire risk as to the quality and performance of the Information and LiveUp Services and the accuracy or completeness of the Information and LiveUp Services is assumed solely by You and You expressly assume all risks associated with their use, including, but not limited to, the risk that Your computer, software or data may be damaged by any virus transmitted by the LiveUp Services or by any Third Party Content or Third Party Website.
  4. It is Your own responsibility to ensure that any activity, exercise, therapy, service, product, treatment or information available through the Information and LiveUp Services meet Your specific requirements.
  5. To the maximum extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Information and LiveUp Services are excluded.
  6. You are solely responsible for paying all expenses You may incur when You access or use the LiveUp Services or access or download content for personal use, including Your internet or data service provider charges and any excess charges to that provider if You have a limit on the amount of data You can download, together with all costs of the equipment and software that You need to connect to and use the LiveUp Services. We are not responsible if Your equipment or software is not compatible with the LiveUp Services or any part of it.

  1. Subject to these Terms and Conditions, We do not accept responsibility for any loss or damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with Your use of the Information, LiveUp Services, Third Party Content or a Third Party Website, nor do we accept any responsibility for any such loss arising out of Your use of or reliance on information or material contained on or accessed through the Information, LiveUp Services, Third Party Content or a Third Party Website.
  2. To the maximum extent permitted by law, We and any other party involved in creating, producing, maintaining or delivering the Information or LiveUp Services, expressly disclaim all liability (including for negligence) for any loss (including any business loss You may suffer such as loss of revenue, loss of profits or loss of anticipated savings), damage, injury, expense or cost incurred by You arising directly or indirectly out of accessing, downloading, using or relying on any of the Information or the LiveUp Services including, but not limited to where:
    • You are unable to access or update or delete Your user account (or experience any delay in doing so);
    • You are unable to use, or there is any delay in Your use of, the Information or LiveUp Services (including, but not limited to Your use of or inability to use any part of the Information or LiveUp Services for advice or service booking) or any services provided via Third Party Content or a Third Party Website;
    • the quiz facility on the LiveUp Services provides incorrect or inappropriate information;
    • the Information or the LiveUp Services are used for a purpose for which they were not intended;
    • the Information or the LiveUp Services contain errors, omissions or inaccuracies;
    • You are unable to obtain consistent, reliable and uninterrupted access to the Information or the LiveUp Services;
    • You rely on an interpretation or opinion stated in, or which may be inferred from, the Information or the LiveUp Services;
    • there is delay or failure to receive Information from us that You may have subscribed to;
    • Third Party Content or a Third Party Website contain errors, omissions or inaccuracies;
    • any Content or material is uploaded, posted, transmitted or otherwise made available on the LiveUp Services by any person other than Us.
  3. To the maximum extent permitted by law, Our liability for failure to comply with consumer guarantees required by Part 3-2 of the Australian Consumer Law, is limited to the supply of services again or the payment of the cost of having the services supplied again.
  4. Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence which cannot be excluded under the law of Australia.
  5. You agree to indemnify Us and Our Affiliates in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of Your breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions on Your part.

  1. These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia.
  2. If any part of the Terms and Conditions is found to be invalid, unenforceable or illegal, then that part shall be severed, while the other remaining provisions shall continue to be in force.