Preamble

These terms and conditions of use (Terms) apply to your access and use of the JEEVI (ABN 21 065 694 839) (JEEVI, we, us, our) website, which includes any and all websites identified by the common domain name of https://jeevi.com.au (each and every such website referred to as the Website).

By accessing or using the Website, you acknowledge that you have read and understood and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must immediately stop all further access and use of the Website.

We may amend these Terms from time to time, without providing notice to you, by posting an updated version of these Terms on the Website. Any amendments will be effective immediately upon being posted on the Website. You should regularly check these Terms for any amendments. If these Terms are amended, you must follow and comply with the updated Terms. By continuing to access and use the Website, you agree to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, you must immediately stop all further access and use of the Website.

Suspended access and modifications to the Website

We reserve the right to:

(a) suspend or withdraw your access to and use of the Website and/or any of its services, features or components; and/or

(b) add to, amend, remove, or disable access to, any part of the Website and/or any of its services, features or components,

in each case at any time and for any reason (at our discretion), without providing notice to you.

Personal information and marketing

We may use and disclose your personal information to enable us to send you marketing communications and information about our services and products, make the Website available to you and improve the user experience in relation to the Website. Please refer to ‘Privacy’ and ‘Marketing’ for more information.

YOU SHOULD BE AWARE OF SEVERAL KEY TERMS

In this summary we outline some of the key terms that apply to you. This summary is designed to assist you by disclosing certain terms that affect you. However it is not a substitute for reading and understanding these Terms, and it is not intended to substitute, expand or amend these Terms. Please contact us if you have any questions.

Limitations of our liability

Our liability to you and certain third parties in connection with your access and use of the Website is limited under these Terms (to the extent permitted by law including the Australian Consumer Law) and our liability for certain types of Loss is also excluded. These limitations and exclusions of liability generally apply to any Loss suffered by you in connection with your access and use of the Website, except where the Australian Consumer Law prohibits us from limiting or excluding our liability.

Your liability and warranties

Your access to, and use of, the Website is at your own risk. Among your other obligations under these Terms, you will be responsible and liable for: (a) use of the Website by any person who has access to your Device; (b) internet access, data download and other network charges arising from your use of the Website; and (c) the operation, maintenance and security of your Device.

Terminated or blocked access to the Website

In certain circumstances, we may decide to terminate or block your access to the Website (which we may do, for example, for security reasons or for breach of these Terms). We may request that you cease any conduct which is contrary to these Terms and it is your obligation to comply immediately with any such request.

Defined terms

In these Terms, unless the context otherwise requires:

(a) Australian Consumer Law has the meaning given in the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;

(b) Business Day means a day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales, Australia;

(c) Claim means any claim, demand, allegation, proceeding, action, litigation, investigation, or judgement arising out of any cause of action (including breach of contract (including under an indemnity), tort (including negligence) and any other common law, equitable or statutory cause of action)

(d) Consumerhas the meaning given in the Australian Consumer Law;

(e) Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection;

(f) Loss means all liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract or tort (including negligence) under statute or under any other cause of action or arising otherwise

(g) Privacy Policy has the meaning given in the 'Privacy' section below;

(h) Terms has the meaning given in the 'Preamble' section above; and

(i) Website has the meaning given in the 'Preamble' section above.

Interpretation

In these Terms, unless the contrary intention appears:

(a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, these Terms (as amended from time to time in accordance with its terms), and a reference to these Terms includes any schedule or annexure to it;

(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(e) a reference to A$, $A, AUD, dollar or $ is to Australian currency;

(f)a reference to time is to the time in Sydney, New South Wales, Australia;

(g) if a day on or by which an obligation must be performed or an event must occur is not a Business Day, then that obligation must be performed or that event must occur on or by the next Business Day;

(h) a reference to a party is to a party to these Terms, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;

(i) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(j) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(k) the meaning of general words is not limited by specific examples introduced by 'including', 'for example' or similar expressions;

(l) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of them; and

(m) headings are for ease of reference only and do not affect interpretation

Licence and Intellectual Property

All copyright and other intellectual property rights in the Website (including all trade marks appearing on the Website) and our services are owned by us and/or our licensors. We grant to you a revocable, non-transferable, non-exclusive, royalty-free, personal licence to use the Website on your Device for your own purposes, and to download and print out a copy of the information available from the Website for your own personal use.

You must not (and must not attempt to):

(a) except as expressly permitted by the above licence, use or copy any part of the Website or its content without our prior written consent;

(b) distribute, translate, modify or tamper with any part of the Website or its content;

(c) create derivative works of, or from any part of, the Website or its content;

(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer any of your rights under these Terms; or

(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

Use of the Website

You must procure your own internet access and Device in order to access and use the Website. You are responsible for all internet access, data downloads and other network charges arising from your access and use of the Website and you agree that we have no responsibility or liability for any such charges.

You must procure your own internet access and Device in order to access and use the Website. You are responsible for all internet access, data downloads and other network charges arising from your access and use of the Website and you agree that we have no responsibility or liability for any such charges.

You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device. This includes by installing and using a compatible operating system and web browser (as applicable) to access and use the Website on your Device.

If any other person uses your Device to access or use the Website or our services or products, you are responsible and liable for that access and use to the same extent as if that access and use of the Website, services or products were by you directly.

You must not access or use (or attempt to access or use) the Website:

(a) for any unlawful or dishonest activity or any activity otherwise prohibited by these Terms;

(b) to transmit or communicate material which:

(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, abusive, indecent, threatening, or otherwise unlawful;

(ii) is xenophobic, racist, abusive, harassing or hateful or otherwise prohibited by federal, state or territory anti-discrimination and anti-harassment laws in Australia;

(iii) is invasive of any person's privacy or constitutes personal abuse directed at any person;

(iv) is unsolicited or constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own websites, apps or social media profiles, products, services, business or organisation;

(v) contains a virus or other harmful code;

(vi) infringes any person's copyright or other rights (including any other intellectual property rights or any confidential information); or

(vii) contains links to other websites or apps that contain or promote any of the materials described in paragraphs (i) to (vi) above;

(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

(d) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website (including by (i) linking to the Website or any part of it in a way that damages or takes advantage of any person's reputation, such as by implying or suggesting that you have any kind of association or affiliation with that person, or approval or endorsement from that person, when there is none; or (ii) engaging in any defamatory or disparaging way towards that person that is unlawful or unfair); or

(e) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.In addition, you must not do (or attempt to do) any of the following:

(f) use data mining, robots, screen scraping or similar data gathering and/or extraction tools on, or in relation to, the Website; or

(g) interfere with any security-related features of the Website.

We are under no obligation to monitor any transmissions made or content submitted using the Website.

We may request you to cease any conduct which we believe is contrary to these Terms, and you must immediately comply with any such request. We may at any time terminate, suspend, withdraw or block your access and use of the Website or the services, features or components provided on the Website for any reason (at our discretion), without providing notice to you. In addition, we may refer any fraudulent, abusive or illegal activity to the relevant authorities.

Performance of the Website

(a) the Website or its services, features or components will be available or accessible to you or that you will be able to access or use the Website at any time;

(b) your use of the Website or its services will be continuous, uninterrupted, secure or error-free;

(c) any defects in relation to the Website or its services will be corrected; or

(d) we will respond to any enquiries, comments or messages you submit on the Website (or by any other method of communication) within any designated or particular time-frame. You agree that the Website (including its services, features and components) may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:

(e) any network connection difficulties occur;

(f) the systems supporting the Website or any services provided by the Website are unavailable for any reason (including so that maintenance and updates can be performed);

(g) you breach any of these Terms; or

(h) we decide to terminate, withdraw, suspend or block your access to the Website or any services provided by the Website for any reason.

We make no guarantee as to the reliability or performance of the Website. The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, operating system and web browser, the speed and reliability of your internet connection, and the number of users accessing the Website and the systems that support it.

The information available through the Website is subject to updates from time to time (including, for example, because some of that information is based on material provided by third parties), and while we aim to ensure that such information is kept up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot, and do not, warrant or guarantee that the information you view or obtain through the Website is or will be current, complete or accurate at all or any particular times. You agree that you will make your own enquiries to determine whether the information you view or obtain through the Website is current, complete and accurate before using or otherwise relying on it. Subject to the 'Consumer Guarantees' section below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph or your use of or reliance on any such information available through the Website.

Additionally, by using the Website you agree that the information available through the Website is general in nature and is intended only to provide information relating to the services and products listed on our Website. It is not intended to be used as, and must not be used as, medical, clinical, therapeutical, pharmaceutical, legal, financial, investment, business, professional or other advice, and you agree that accessing or using that information does not create any doctor-patient, health service provider-client, therapist-client, solicitor-client, financial / investment adviser-client, banker-customer, professional advisor-client, teacher-student, employee-employer, principal-agent or other similar relationship with us. You must not rely on the information available through the Website and should instead obtain your own independent medical, clinical, therapeutical, pharmaceutical, legal, financial, investment, business, professional or other applicable advice appropriate to your circumstances and particular requirements.

Information on the Website is not medical advice

Material provided on the Website is for information purposes only. It may include a summary or general overview of certain topics we consider may be of interest to our clients and other members of

the public. The information provided on the Website is not comprehensive and does not constitute health or medical advice. You understand that the information and resources provided on our Website are not a substitute for medical attention, examination, diagnosis or treatment. You should always obtain medical or other professional advice, appropriate to your own circumstances, before acting or relying on any content provided on the Website.

Security

In order to access and use the Website and its services and features as intended, you must:

(a) enable the Website to use cookies; and

(b) grant the Website any other permissions and access to your Device that it requires from time to time.

If you do not grant these required permissions and access, you may be unable to access and use the Website or some of its features and services.

The Website uses the internet to provide services and information. By using the Website, you agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

We do not warrant or guarantee the security of the Website. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

Consumer Guarantees

Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

Where you as a Consumer acquire goods or services through your use of the Website and those goods or services:

(a) aare of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or

(b) are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:

(i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and

(ii) in the case of services, re-supplying the services or paying the cost of having those services re-supplied,

and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree that it is fair and reasonable in all the circumstances for our liability to be so limited.

Liability

Your access to, and use of, the Website and its services is at your own risk.

To the extent permitted by law and subject to the 'Consumer Guarantees' section above:

(a) we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void);

(b) we disclaim all liability (including any indirect, special, incidental, consequential, punitive or exemplary damage or Loss) suffered or incurred by you or any third party, whether directly or indirectly, by reason of any use of the Website; and

(c) we will not be responsible or liable for:

(i) any issues caused by, or arising subsequent to, the use of; or

(ii) any Losses that you may suffer in connection with,

our services and products, no matter the cause, and you agree that you will not hold (or attempt to hold) us liable for any such issues or Losses. You indemnify, and must hold harmless, us and our employees, officers, contractors and agents (together the Indemnified Parties), against all Losses suffered or incurred by the Indemnified Parties in connection with any Claim made by a third party due to or arising out of:

(d) your breach of these Terms;

(e) your breach of any applicable laws; or

Privacy

We may collect, use, store disclose and otherwise handle your personal information in accordance with these Terms, our Privacy Policy and applicable Australian privacy legislation, including the Privacy Act 1988 (Cth) and the Australia Privacy Principles set out in that Act.

You represent and warrant to us that the personal information you provide to us is complete and accurate.

We may use and disclose your personal information for the purposes of:

(sending you marketing communications and information about our services and products;

(g) making the Website available to you;

(h) making our services and products (including our payment processes) available to you, including by disclosing your personal information to our employees and contractors for communicating and delivering our services and products to you;

(i) monitoring users' access and use of the Website and services and their compliance with these Terms;

(j) complying with our legal obligations; and

(k) improving the user experience, services and features in relation to the Website and our services and products

In these Terms, Privacy Policy means our privacy policy, as may be amended from time to time and which is available at https://jeevi.com.au/privacy-policy (or any replacement website or webpage from time to time).

Marketing

We may from time to time send you marketing communications and information about our services and products that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax, email or other electronic means of communication. By submitting a client intake form at https://jeevi.com.au/client-intake-form, you indicate your consent to us sending you direct marketing communications about our services and products. If you indicate a preference for a particular method of communication, we will endeavour to use that method whenever practical to do so. Your consent is provided for an indefinite period of time, however you may at any time opt-out of receiving further marketing communications from us by using the opt-out facilities provided in our marketing communications. If you opt-out of receiving marketing communications, we will ensure that your name is removed from our marketing distribution list within a reasonable time period.

Third party links and references

The Website may contain links and references to other third party websites, apps, services, resources, information, commentaries or blogs over which we have no control. Those links and references are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on or relating to those websites, apps, services, resources, information, commentaries or blogs, nor do we endorse any information, opinions, goods or services referred to on them.

Suspension, withdrawal of or changes to the Website

We reserve the right to:

(a)suspend or withdraw your access to and use of the Website and/or any of its services, features or components; and/or

(b) add to, amend, remove, or disable access to, any part of the Website and/or any of its services, features or components,

in each case at any time and for any reason (at our discretion), without providing notice to you.

If requested by us, you must immediately:

(c) stop all further access and use of the Website and its services; and

(d) destroy, expunge, disable and/or restrict access (as applicable) to any information from the Website that you have printed or downloaded, and any information derived or generated from that information.

Miscellaneous

(a) No waiver: We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising that right, power or remedy. If the same or similar rights, powers or remedies arise on different occasions, we are not obliged to exercise those rights, powers or remedies in the same way. A waiver of a right, power or remedy must be in writing and signed by us to be effective.

(b) Governing law and jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.

(c) Severability: If any provision (or part of a provision) of these Terms is found to be void, invalid, unlawful or unenforceable, that provision (or part) is deemed to be severed from these Terms to the extent of that voidance, invalidity, unlawfulness or unenforceability without invalidating the remaining provisions. The remaining provisions of these Terms will remain in full force and effect and constitute a binding agreement between you and us.

(d) Relationship between the parties: Nothing in these Terms constitutes or creates any relationship between the parties as partners, joint venturers or principle and agent or gives rise to any other form of fiduciary relationship between the parties.

(e) Entire agreement: These Terms, together with the Privacy Policy and any other additional terms which may apply to particular activities when using the Website, constitutes the entire agreement between the parties about its subject matter and supersedes all previous understandings, agreements, representations and warranties between the parties in relation to that subject matter.

(f) Force majeure: To the extent permitted by law, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by any circumstances outside of our reasonable control.

(g) Feedback and complaints: We appreciate your feedback, whether complaints, compliments, queries or suggestions. If you have a question, issue, complaint or any other feedback about our Website or our services or products, please inform us through any of the means on the ‘Contact Us’ section of our Website.

(h) Dispute resolution: If you have any issue or dispute arising out of these Terms or in relation to the Website or our services or products, you must notify us in writing and use reasonable endeavours to attempt to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.