These Terms and Conditions ("Terms") govern your use of Davey Health Co.'s ("Davey Health," "we," "us," "our") mend mobile application ("App"). By using the App, you agree to these Terms. If you do not agree to these Terms, do not use the App.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service
You may use the App for your personal, non-commercial use only. You may not use the App for any illegal or unauthorized purpose.
The App may contain content provided by third parties. We are not responsible for the accuracy, completeness, or reliability of any content provided by third parties.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
All content and materials on the App, including but not limited to text, graphics, logos, images, and software, are the property of Davey Health or its licensors and are protected by copyright, trademark, and other intellectual property laws.
We collect and use personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you agree to our collection and use of your personal information as described in the Privacy Policy.
The app is provided "as is" without warranties of any kind, whether express or implied. to the fullest extent permitted by law, davey health disclaims all warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law
You agree to indemnify, defend, and hold harmless Davey Health and its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the App, your violation of these Terms, or your violation of any rights of another.
These Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia, without regard to its conflict of law provisions.
You agree to first try to resolve the dispute informally by contacting the Company. If this is unable to be resolved, any disputes arising out of or in connection with these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall take place in Brisbane, Queensland, and shall be conducted in English.
These Terms constitute the entire agreement between you and Davey Health with respect to the App and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Davey Health. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Davey Health's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
If you have any questions about these Terms, please contact us at hello@mendhealth.co
