Terms Of Use

LEGAL INFORMATION Terms of Use and End User License Agreement
Introduction
This Agreement of Use and End User License Agreement (collectively, the Agreement), together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Bvoy PTY LTD (“we”, “us” or “our”), concerning your access to and use of Bvoy software application for mobile devices (“App”) and our Websites (https://bvoy.life/ and the relating landing pages, if any), hereinafter collectively referred to as “Services”. All the documents that relate to the App are hereby expressly incorporated herein by reference. Please read this Agreement carefully before you download, install or use the App or access our Websites. It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement. With regard to Websites, you agree to the corresponding terms of this Agreement once you access and use our Websites unless we do specifically ask for your consent. If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any device in your possession or under your control or cease accessing and use of our Websites. This Agreement is not concluded with Apple Pty Ltd, any of its subsidiaries or any other entity as may apply.
Changes to this agreement
We reserve the right, at our sole discretion, to modify this Agreement from time to time. We will keep you informed about any changes by updating this Agreement. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. We ask you to review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date the revised Agreement is posted or once you have been notified of the modifications where applicable.
Restrictions on who can use the app
In order to download, install, access or use the App and access our Websites, you must (a) be eighteen (18) years of age or older. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the App, so if you are between the ages of thirteen (13) and eighteen (18) years and you wish to use, download, install, access the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. Parents and guardians must directly supervise any use of the App by minors. Any person under the age of thirteen (13) years is not permitted to use our Services. You affirm that you are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are a resident of the United Kingdom or the European Union, you shall be at least 16 years old in order to use the App. Except to the extent prohibited by applicable law, we do not allow the use of the App by United Kingdom or European Union residents younger than 16 years old.
General terms
Our Services contain information about different health matters, fitness, and well-being. The Services are intended only for your personal non-commercial use. You shall use the Services only for the purposes, mentioned above. We reserve the right to change, expand, and improve the App, modify the App`s user interface, add new features and functions, available both on a free and paid basis, from time to time and without prior notice to you. If we do so, once you start using such new features or pay for the relevant subscription you agree to follow this Agreement. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App or cease providing any other Service partly or in full. Your use of the App or Website(s) does not entitle you to the continued provision or availability of the App or Website(s). Any modification or elimination of the App or other Service(s) or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you. Though we do our best to give you credible and verified information only, please note that your use of our Services is always subject to our medical and liability disclaimers, as far as we are not a healthcare organization and you are solely liable for your health. Please consult your healthcare provider, doctor, physician, therapist, counsellor or any other qualified professional before proceeding with the use of our app and its recommendations.
Privacy policy
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as the appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully.
End user license agreement
By using our Services, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, Services` content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights)” as well as those owned by third parties. As long as you keep using the App and/or Services, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to download, access and use the App and/or access and use our Services pursuant to this Agreement. You may use our Services solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Services, you cannot sell pictures available in the App and Websites. The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter the “Works”) as well as names, logos and trademarks (hereinafter “Intellectual Property “) within the Services are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be. These Works and Intellectual Property may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated, whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be. All rights, title and interest in and to the Services and their content, Works and Intellectual Property, as well as its functionalities, (1) are the exclusive property of Bvoy Pty Ltd and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license therewithin. We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners. To avoid any doubt, we own all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that we create and make available in connection with the App and/or Website(s), including but not limited to visual interfaces, interactive features, graphics, design, compilations of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App, Website, Works and Intellectual Property are retained by us and/or our partners and/or contracted third parties, as the case may be.
License to User Content
The Services may enable you to input personal notes, share your measurements, post or upload content, submit content (including to public areas), post feedback and reviews, and log certain information into the App and Websites (“User Content”). By providing your User Content to the Services, you (a) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, edit, adapt, reproduce, translate, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App, Websites and related services and/or for our promotional purposes (for example, by displaying on our Website, within the App, in social media, on any website or platform on the Internet as we may deem appropriate), or for our internal business purposes by communicating it to businesses, sub-contractors, officers, employees, agency workers, consultants or any other workers, full or part time, overseen by Bvoy Pty Ltd, subject to the Privacy Policy; and (b) you agree to indemnify Bvoy Pty Ltd and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this Agreement. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate. Subject to permissions herein, you retain all rights to such User Content that you post, share, or log in to the Services. We reserve the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion. For the avoidance of any doubt, you acknowledge and agree that we may:
  • continue to use all or part of User Content even if you change your mind and want us to remove it and/or you no longer use the Services;
  • reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images;
  • modify your User Content in any way at our sole discretion.
You acknowledge that we are not responsible for checking, monitoring or moderating any User Content and you remain solely responsible for all User Content that you upload or submit. By uploading or submitting User Content to the Services, you warrant and represent that you are the sole author of and owner of all proprietary rights in the User Content. If the User Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third-party owners to use their material in accordance with the provisions of this Agreement. You warrant and represent that your User Content will not be inappropriate. Without limitation, User Content will be considered inappropriate if:
  • It is defamatory, plagiarized, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful
  • It is in breach of confidentiality or another person’s privacy
  • It prejudices any active legal proceedings of which you are aware
  • It contains accusations of impropriety or personal criticism of our staff
  • It infringes any intellectual property rights proprietary to us or any other third party
  • It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct)
  • It advertises or promotes any product or service or makes any requests for donations or financial support
  • It is spam or junk content
  • It impersonates another person or otherwise misrepresents your identity, affiliation or status
  • It would be considered a criminal offense, or gives rise to civil liability, or is otherwise unlawful; and/or
  • is in breach of this Agreement.
Unless you have our express permission to do so, you must not re-submit any User Content or other material or applications which have previously been removed. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE COMMUNICATIONS DECENCY ACT OF 1996), BVOY PTY LTD DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
Your use of our App and other Services
We are not responsible for the way you use the App. If you submit a post, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in public areas. We are not responsible for the consequences of any communication in public areas. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the Services, you agree not to use the App and other Services for any purpose that is prohibited by this Agreement. UNLESS OTHERWISE STATED IN THIS AGREEMENT OR AGREED WITH US IN WRITING, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):
  • distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Services or any content, files, feeds or data from the Services, whether publicly available or not, to any third parties;
  • use or access our Services to provide any kind of services to third parties;
  • modify any file or any other part of the Services that we do not specifically authorize you to modify;
  • copy, download, or store any content, files, feeds or data from the Services, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the applicable law (this provision doesn`t apply to User Content allowed to share by the functionality of the Services);
  • use any robot, spider or other automated device or process to access the Services for any purpose or copy any material;
  • use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other hacking, altering or cheating software or tool;
  • upload, post, publish or otherwise make available information and/or materials, the rights to which belong to third parties, without obtaining the appropriate consent from such third parties;
  • attempt to gain unauthorized access to our Services, the server on which our Services are hosted or any server, computer or database connected to our Services or to attack our Services via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offense. We shall report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them, and your right to use our Services shall immediately and automatically cease;
  • attempt to avoid or undermine any protections we put in place for the security and operation of the Services;
  • do other actions prohibited by applicable law, that violate the moral principles and/or any rights of third parties, as well as that could damage the reputation of the Services or otherwise discredit it, the Services` users, third parties and/or Bvoy Pty Ltd or any of our products and services, employees, subcontractors, representatives, or affiliates.
Unless you have requested and received our prior written consent or unless expressly permitted in this Agreement, with regard to the App and/or Website(s) (as applicable) you must not: (a) copy our App except as part of the normal use of App or where it is necessary for the purpose of creating a back-up or operational security; (b) modify or translate our App in whole or in part, or combine or merge our App with any other object code or program; (c) reverse engineer, decompile, disassemble, reduce the object code of our App to source code form or create (or attempt to create) derivative works based on the whole or any part of our App, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities: — is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to in accordance with applicable law; and — is not used to create any software that is substantially similar in its expression to our Apps — is kept secured; and — is used only in accordance with applicable law; (d) distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our App or your right to use our App, including under paid subscription; (e) modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from any documentation concerning the App; (f) remove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to us, our licensors or other third parties contained within our App; (g) incorporate our App into another service or website or make it available via framing or mirrors; (h) extract any data or metadata from our App nor create any index or database incorporating any part of it; (i) circumvent, disable or otherwise interfere with security-related features of our App or features that: — prevent or restrict use or copying of any part of our App; or — enforce limitations on use of our Apps; (j) do anything that may cause damage to our App; (k) carry out any harmful or illegal activities using our App; (l) misuse any trademarks or any other content displayed on the App; (m) use our App in any manner not expressly authorized by this Agreement. Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend your access to any of our Services, if, in our reasonable opinion, we believe that you have breached any of the provisions of this Agreement. It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws. In addition to your right to use sharing functionality of the Website(s) and/or App, you may occasionally print individual webpages of the Websites and/or content of the App or materials you got by demand from it for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trademark notices are not removed.
Physical activity notice
The App and Website(s) may include features that promote physical activity or improve mental health. Consider the risks involved and consult with your medical professional before engaging in any activity recommended by the app or the website. Bvoy Pty Ltd is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Services. Availability of the app, security and accuracy In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access. The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 11.0 or later. We do not warrant that the App will be compatible with all hardware and software which you may use. We make no warranty that your access to the App will be uninterrupted, timely or error-free. You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. The version of the App may be upgraded from time to time to add support for new functions and services. We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely. You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times. If you decide not to use the App for any reason you should uninstall the App.
Charges
The App is available for download on a free basis. Subscriptions. We may offer paid subscriptions within the App billed via in-app purchase functionality or through our website. Details of each type of subscription and its cost are detailed on the App or the website. The subscriptions may include a trial period, where you can experience the App for a specified period at no cost or at a reduced price (“Trial”). Unless you cancel at least 24 hours before the end of the Trial, you will be automatically charged a price indicated on the payment screen or/and Apple’s payment pop-up screen for a chosen subscription period. Please note that if a Trial is offered, this will be explicitly stated on the price screen before checkout. If this is not the case, you will purchase our subscription without a Trial. If you purchase premium subscriptions or services through a third party, separate terms and conditions of such third party may apply in addition to this Agreement. Please contact the third party regarding any refunds or to manage your subscription. Price. We may from time to time make changes to subscription price, content, and structure, including recurring subscription fees. We will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the relevant subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect. Taxes. Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide. Renewal and Cancellation. Your payment to us or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period unless you cancel it before the end of the then-current subscription period. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next subscription period. If you purchased the subscription or enabled Trial on the App Store, please, change subscription settings of your Account. Learn more about managing subscriptions (and how to cancel them) on Apple support page. If you are eligible for a refund, you’ll have to request it directly from Apple. If you uninstall the App, your subscription will not stop automatically. You must cancel the automatic renewal of your subscription in order not to be charged with the cost of the new subscription. Other charges. You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of the agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have permission from the person that does it before incurring any of these charges.
Third party websites and resources
Our Services may link you to other sites on the Internet and third parties to provide you with certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided as is for your convenience only with no warranty, express or implied, for the information provided within them. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. If you have any queries, concerns or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns, or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application. You shall not link to our Websites, App, content or Services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
Disclaimer of warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE(S), APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS”, AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER BVOY PTY LTD, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE WEBSITES AND APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE THE WEBSITES AND APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE WEBSITES AND APP WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE WEBSITES AND APP, INCLUDING IN THE BLOG OR OTHER PUBLIC AREAS IN THE WEBSITE(S) OR APP. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not give you any guarantee for the proper functionality of the App, however, if you believe that our App has not met your expectations, you may notify Apple, and Apple may refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO FITNESS AND HEALTH EDUCATION AND RELATED MATERIALS.​ NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
Medical disclaimer
You are solely responsible for your own health. The Website(s) and App are offered for educational and entertainment purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition or to be a substitute for professional medical care. The App is not a clinical pulse oximeter. If knowing your pulse rate (heart rate) is critical to your health, you need to have your pulse taken by a medical professional. BVOY PTY LTD IS NOT A LICENSED MEDICAL CARE PROVIDER. NOTHING WITHIN THE SERVICES PROVIDED BY THE APP OR THE WEBSITE(S) IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP OR WEBSITE(S). Our Services and the App cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
Limitation of liability
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES (INCLUDING BUT NOT LIMITED TO LOSS OF USE OR LOSS OF DATA), EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO BVOY PTY LTD FOR USE OF THE APP OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD 100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BVOY PTY LTD, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PROVISIONS IN THIS SECTION ARE APPLICABLE TO THE WEBSITE(S) TO THE SAME EXTENT AS TO THE APP AND OTHER SERVICES WE PROVIDE.
Legal compliance
The software that supports the App may be subject to Australian export and re-export control laws and regulations. You must represent and warrant that (i) you are not located in a country that is subject to an Australian Government embargo, or that has been designated by the Australian Government as a terrorist supporting country; and (ii) you are not listed on any Australian Government list of prohibited or restricted parties. You agree to comply with all Australian and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from us under this Agreement of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
Third party beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present end-user license agreement, and that upon your acceptance of the terms and conditions of the present end-user license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this end-user license agreement as a third party beneficiary thereof.
Governing law and claims
This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. We make no representations that the App is appropriate or available for use in other locations. Those who access or use Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you choose to access or use the App and/or the Website(s) from or in locations outside of Australia, you are responsible for: a) ensuring that what you are doing in that country is legal; and b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations. Any claims shall be exclusively decided by courts of competent jurisdiction in Sydney, New South Wales, Australia and that applicable Federal law shall govern, without regard to choice of law principles. If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of this Agreement by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement.
Notice and takedown procedures
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the App and/or Website(s) by contacting us and providing the following information:
  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorised representative.
We will review and respond to your inquiry within 30 (thirty) calendar days.
Termination
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App. We may also block your access to our Services or take other measures that we deem appropriate at our sole discretion in case you are in breach of the provisions herein.
Severability
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become illegal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Contact information
If you want to submit a support request or have any questions about this Agreement or the Services, please contact us via our email appstore@bvoy.life.
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