Effective date: October 1, 2020
Karva, as used in this Agreement, includes any program and service accessed or used via your mobile device as well as all software modules operating within the application environment and appearing on your mobile.
By using Karva, you acknowledge and agree to each and every Term and Condition set forth in this Agreement. If you do not agree to all of these Terms and Conditions of use, we recommend you NOT to use the application.
Karva Health, as owner of the Karva Mobile Application, may revise and update these Terms and Conditions at any time. Your continued usage of Karva will mean you accept those changes. As used in this Agreement, “Contributors” refers to Karva Health and all individuals and entities that provided input and/or helped to develop the Karva Mobile Application.
Karva Does Not Provide Medical Advice
The contents of the Karva Mobile Application, such as text, graphics, images, information obtained from Karva’s licensors, and other material contained on Karva ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition or thoughts of suicide. Never disregard professional medical advice or delay seeking it because of something you have read on the Karva Mobile Application.
If you think you may have a medical emergency or are contemplating acting upon thoughts of suicide, call 000 or Lifeline Australia (13 11 14) immediately. Karva, its Contributors, and Karva Health do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned or referenced on the Karva Mobile Application. Reliance on any and all information is done solely at your own risk, even when provided by Karva, Karva’s Contributors, Karva developers, Karva Health, others appearing on the Karva Mobile Application, and/or their respective agents, representatives, affiliates, employees, heirs, and successors in interest.
Karva may reference health-related, psychological-related, or medical-related materials that are offensive and/or sexually explicit. If you find these materials offensive, we recommend you not to use the application.
Karva Health and Karva Contributors are committed to protecting the privacy of children. You should be aware that KArva is not intended or designed to attract children under the age of 18 without parental guardian approval. Karva does not collect personally identifiable information from children under the age of 18.
Karva Health authorizes you to view and/or download a single copy of the Karva Mobile Application solely for your personal, non-commercial use. Any special rules for the use of certain software and other items accessible on Karva may be included elsewhere within the Karva Mobile Application environment and are incorporated into these Terms and Conditions by reference.
The Content is protected by applicable State, Federal, and foreign laws. Title to the Content remains with Karva Health and/or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of this Agreement and may violate intellectual property laws. Content and features are subject to change or termination without notice in the editorial discretion of Karva Health. All rights not expressly granted herein are reserved to Karva Health and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately delete the application and destroy any copies you have made of any portion of the Content.
You acknowledge and agree that the services, information, Content and software presented to you through Karva or used in connection with the Karva Mobile Application contain proprietary and confidential information that is protected under Australian and international intellectual property laws. Except as expressly authorized by Karva Health or its licensors, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the Karva Mobile Application, or any information presented to you through Karva, in whole or in part, to any person.
You may look at the Karva Content, download Content and individual articles to your mobile device, and even print a copy of the Content for yourself. However, You may not remove any intellectual property or proprietary notices from the Content. Karva Health and its licensors reserve all other rights not granted in this Agreement. You agree not to access Karva Health or its Content by any means other than through the interface that is provided by Karva Health.
Karva and the Content are provided on an "as is" basis. KARVA HEALTH, KARVA CONTRIBUTORS, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, AFFILIATES, EMPLOYEES, HEIRS, AND SUCCESSORS IN INTEREST, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Karva Health, Karva Contributors, and their respective agents, representatives, affiliates, employees, heirs, and successors in interest make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of Karva.
2. The satisfaction of any government regulations requiring disclosure of information on medical treatment, prescription or non-prescription drug products, or the approval or compliance of any software tools with regard to the Content contained on the Karva Mobile Application.
The use of Karva and its Content is at your own risk. When using Karva, information may be transmitted over a medium that can be beyond the control and jurisdiction of Karva and its suppliers or Contributors. Accordingly, Karva Health, Karva Contributors, and their respective agents, representatives, affiliates, employees, heirs, and successors in interest, assume no liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Karva Mobile Application.
In no event shall Karva Health, Karva Contributors, their licensors, their suppliers, their respective agents, representatives, affiliates, employees, heirs, and successors in interest, or any third parties mentioned on Karva, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury, survival action, wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use Karva or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Karva Health, Karva Contributors, their licensors, their suppliers, their respective agents, representatives, affiliates, employees, heirs, and successors in interest, or any third parties mentioned on Karva are advised of the possibility of such damages. Karva Health, Karva Contributors, their licensors, their suppliers, their respective agents, representatives, affiliates, employees, heirs, and successors in interest, or any third parties mentioned on Karva are not liable for any personal injury, including death, caused by your use or misuse of Karva or its Content. Any claims arising in connection with your use of Karva Mobile or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree to defend, indemnify, and hold harmless Karva Health, Karva Contributors, Co-founders, their respective officers, directors, employees, agents, licensors, suppliers, and successors in interest, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Karva may provide links to third-party web sites. Karva also may select certain sites as priority responses as a result of entries provided by You when setting up the Karva Mobile Application. Karva Health and Karva Contributors do not recommend and do not endorse the content on any third-party sites. Karva Health and Karva Contributors are not responsible for the content of linked third-party sites, sites framed within the Karva Mobile Application, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites. Karva Health and Karva Contributors do not endorse any product, service, or treatment advertised on such sites.
Karva Health is based in Victoria, VIC state of Australia with its principal place of business located at 3 Ormond Road, Clayton 3168. Karva Health and Karva Contributors make no claims that Karva, any site within Karva, and/or the Content are appropriate or may be downloaded outside of Australia. Access to the Content may not be legal by certain persons or in certain countries. If you access Karva from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, Severability, Waiver, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute over Karva, or in any way relating to your use of Karva, resides in the courts of either the State of Victoria or the State of NSW, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of State of Victoria and the State of NSW in connection with any such dispute including any claim involving Karva Health, any Karva Contributor(s), their licensors, their suppliers, their respective agents, representatives, affiliates, employees, heirs, and/or their successors in interest.
These Terms and Conditions are governed by the internal substantive laws of the State of Victoria, without respect to its conflict of laws principles.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. No delay or omission in the execution of any right or remedy (i) shall impair such right or remedy, and/or (ii) shall be construed as a waiver.
If you believe any materials accessible on or from Karva, Karva Health Website infringes your copyright, you may request removal of those materials (or access thereto) from Karva by contacting Karva Health directly with 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 (e.g., URL) of an authorized 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 the 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 complaint of use of the materials is not authorized 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 authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Last Updated: October 1, 2020
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