1. About the Website

(a)    Welcome to www.leniahealth.com (the 'Website'). The Website provides you with an opportunity to browse various products, solutions and services. 

(b)    The Website is operated by Lenia Health (ACN 666258617) (‘Lenia Health’). Access to and use of the Website is provided by Lenia Health. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c)    Lenia Health reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lenia Health updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

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2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Lenia Health in the user interface.

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3.    Use of Content

(a)    Lenia Health owns or has rights to all of the wallpaper, icons, characters, information, artwork, images, data, graphics, music, text, software (including software which may be downloaded from the Website) and other content of, or available from, the Website (the ‘Content’). 
(b)    Lenia Health hereby authorizes you to display on your computer, download and print pages of the Content, subject to the following provisions: 

(i)    the Content may not be altered in any manner; 
(ii)    the Content is only to be used for personal, educational and non-commercial use except that the Content may be used for the purpose of promoting goods or services from Lenia Health; and 
(iii)    the Content will not be redistributed, published, broadcast or copied. 

(c)    You will not decompile, reverse engineer, disassemble or create derivative works from software which forms part of the Content, and any software will also be subject to any licence agreement which appears on or is obtained from the Website. 
(d)    The use or misuse of the Content except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark laws, communications regulations and statutes, and other laws, statutes and/or regulations.
(e)    You understand, acknowledge, and agree to the following: 

(i)    your use of this Website will not disrupt or cause any interception of our electronic information posted on this Website or on any of our servers. You will not attempt to circumvent any security features of our Website, and will abide by all applicable laws, rules and regulations. You agree not to introduce into or through this Website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity wherever geographically; and 
(ii)    unless agreed upon in advance and in written form by Lenia Health, and unless subject to our Privacy Policy, any written, oral, electronic or otherwise transmitted content or communication made through this Website shall be considered non-confidential and will not result in any confidential relationship to which Lenia Health may be party. Such content and communication can be used at Lenia Health’s sole discretion for any purposes whatsoever including but not limited to research and development. Lenia Health will not be responsible for such content or communication, including its veracity, accuracy or compliance with anyone’s privacy or proprietary rights. Any information containing personal identifying information (e.g., name, email, address, phone number), shall be subject to our Privacy Policy.

4.    Use of Materials and Services

(a)    While we attempt to be as accurate as possible regarding training and technical and other like services (collectively, ‘Services’) and the training materials, case studies, white papers and like written material on the Website (collectively, ‘Materials’), and to ensure that all information contained on the Website is accurate and up-to-date, we do not represent or warrant that any information contained on or obtained through the Website (whether as Materials or obtained through the Services) is accurate, complete, reliable, current or error-free. Accordingly, you understand and agree that Lenia Health (i) does not make any representations or warranties as to the quality of any Services or Materials obtained on or through the Website; (ii) will not be responsible in any way whatsoever for any Services or Materials that you receive on or through this Website; and (iii) will not be responsible for the accuracy, completeness or reliability of any comments posted by other users on the Website. 
(b)    We ask and expect that you will use your own judgment and will exercise caution and common sense in evaluating any prospective Service or Materials and any information provided by any third party through the Website or otherwise.
(c)    All Materials and results presented therein are for illustrative purposes only and should not be relied upon as advice or interpreted as a recommendation. The results depend on a variety of factors unique to your organization. There is no guarantee that your results will be similar to the results presented in the Materials. Lenia Health disclaims all liability for any damages, claims, or losses that may arise from any of the information presented herein.

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5.    Warranty, Liability and General Disclaimer
You acknowledge and agree that:

(a)    We do not warranty the accuracy, suitability or completeness of any claims, information or statements contained therein. The information in this Website is presented “as is”/ “as available” basis, and may include omissions, inaccuracies or other errors. Each person assumes full responsibility and all risks arising from the use of this Website. Lenia Health reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
(b)    Lenia Health expressly disclaims any representations, warranties or conditions of any kind, whether express or implied, created by law, contract or otherwise, including, without limitation, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Lenia Health does not warrant that the Content, Website, its servers or e-mail sent from Lenia Health are free of viruses or other harmful components. Lenia Health shall not be liable for any damages of any kind, including actions brought in tort or contract or other legal theory, and including, without limitation, any direct, indirect, special, punitive, consequential or incidental damages, loss of profits, business losses, loss of data, loss of or damage to property, injury or death to persons or loss of revenues resulting from your access to, or inability to access the Website, or from use or reliance on any content, even if Lenia Health has been advised of the possibility thereof, whether Lenia Health has been advised of the possibility of any such damages and whether or not there is negligence by Lenia Health. Please note that some jurisdictions may not allow the above exclusions. In such a case, the above exclusions shall not apply to the user.
(c)    The Services and Materials available through the Website are provided without any warranty, representation or covenant of any kind, including as to any result or benefit that you may obtain through your use of the Services, the Materials or the Website, and that Lenia Health assumes no responsibility for the timeliness, truthfulness, accuracy, reliability or completeness of any information made available to you through the Services/Materials or for the misdelivery of any information accessed or downloaded by you. You acknowledge that any reliance on the Services or the Materials will be at your own risk and that you must evaluate and bear all risks associated with the use of any Services or Materials, including any reliance on the accuracy, completeness, or usefulness of such Services/Materials. Lenia Health shall be held harmless and blameless by you and free of any and all damages, losses or liabilities that may occur as a result of any use or application of the information provided by Lenia Health in connection with your use of the Services or from use of the Materials.
(d)    For your convenience and information only, the Website may provide links and references to third party websites, controlled by parties other than Lenia Health or located in another geographic area. You acknowledge that, when you access a link to a third party website, you will be leaving the Website and that you assume the risks inherent in doing so, including risks of personally identifiable information being collected without your consent and damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites. Lenia Health is not responsible for the content of such third party websites, has not verified the nature or accuracy of the information contained on such third party websites, and assumes no liability for any damages you may suffer from visiting such third party websites. Additionally, third parties may create links from their websites to the Website.  Lenia Health is not responsible for the content of, or use of a link to the Website by, such third party sites.  Any link to the Website by a third party must be approved in writing by Lenia Health.
(e)    Any forward-looking statement made on this Website reflecting Lenia Health’s current expectation regarding future events and business development implies risks and uncertainties. When, and if, realized, such events and development may differ from expectation, and Lenia Health assumes no obligation to fulfil any statement on this Website nor to update any of the content referring to such statement.

 

6.    Copyright and Intellectual Property

(a)    The Website, and all of the related Content, Services, and Materials of Lenia Health are subject to copyright, which is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Content (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by Lenia Health or its contributors.

(b)    Lenia Health retains all rights, titles and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(i)    the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Lenia Health; or
(ii)    the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(iii)    a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c)    You may not, without the prior written permission of Lenia Health and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
 

7.    Privacy

Lenia Health takes your privacy seriously and any information provided through your use of the Website is subject to Lenia Health's Privacy Policy.

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8.    Indemnity

(a)    You agree to indemnify Lenia Health, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i)    all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii)    any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii)    any breach of the Terms.

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9.    Waiver and Severability
If any provision in these Terms shall be deemed invalid, void or for any reason unenforceable, by the competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. No delay or omission by Lenia Health to exercise any right occurring upon any non-compliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof.
 

10.    Dispute Resolution

(a)    Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b)    Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c)    Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(i)    Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii)    If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator;

(iii)    The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv)    The mediation will be held in Melbourne, Australia.

(d)    Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(e)    Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

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11.    Governing Law and Jurisdiction

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

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Effective Date: May 2023

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PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, TERMS AND CONDITIONS AND DISCLAIMERS MAY APPLY TO THIS SITE.