⸻ LEGAL

1.     EMPOVA WEBSITE TERMS & CONDITIONS (Visual Ascent Pty Ltd)

Welcome to Empova, a trading name of Visual Ascent Pty Ltd (ACN 664 350 707) (“Empova”, “we”, “us” or “our”). Please take some time to read the following conditions applicable to the use and enjoyment of this website (the “site”).

These terms and conditions, along with Empova’s policies such as the Privacy Policy, Collection Notice, Website Disclaimer and any other customer service policies published on the site from time to time (together, the “Policies”), govern your use of the site and constitute the entire agreement between you and Empova in relation to the site. By browsing the site or by signing up as a member (if available), you agree to be bound by these terms and conditions as amended from time to time.

These terms and conditions also govern how Empova will interact with you on social media sites and platforms where Empova maintains an official presence.

2.     REVIEW OF TERMS

These terms and conditions are subject to change from time to time without notice. Past terms and conditions (if any) can be accessed on request by written notice to Empova. Contact details can be found on the site.

Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable Policies, including their dates, to understand the terms and conditions that apply to your use of the site.

Occasionally there may be information on the site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. Empova reserves the right to correct any errors, inaccuracies or omissions and to change or update information (or cancel bookings/requests made via the site where permitted) if any information on the site is inaccurate at any time without prior notice.

3.     CAPACITY TO CREATE A MEMBER PROFILE

A member profile can only be created with Empova by persons with capacity to contract, who are over the age of 18, unless they have the permission or consent of their parent or guardian.

4.     SECURITY

Where you have created a member profile you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and profile.

Empova is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Empova requests that you promptly report to it any unauthorised use of your password.

5.     INTELLECTUAL PROPERTY

All content on this site, including without limitation text, icons and graphics, is the property of Empova or its suppliers and is protected by Australian and international intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

6.     ADVICE AND INFORMATION

While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that service descriptions, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from use of information or reliance on advice.

Health and wellbeing information on this site is general in nature and is not a substitute for individual allied-health advice or medical advice. Empova provides allied-health services within professional scope. For more information, refer to the Website Disclaimer.

While Empova has tried to accurately display the colours of any products (if any are displayed), the actual colours you see will depend on your device, ambient lighting and other factors beyond Empova’s reasonable control, and may not accurately reflect the colour of the product.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Empova.

7.     Bookings, Cliniko, and Telehealth Services

Empova enables appointment bookings through this website via an embedded third-party booking system operated by Cliniko.

All appointments (including in-person and telehealth services) are:

• booked through Cliniko; and

• governed by Empova’s clinical policies, intake forms, consent documents, and practitioner obligations, rather than by these Website Terms & Conditions alone.

Telehealth consultations are delivered using Cliniko’s secure systems (or other Cliniko-approved platforms), not directly through this website. This website does not provide clinical consultations, diagnosis, or treatment.

Use of the website or booking system does not establish a practitioner–client relationship. A practitioner–client relationship is formed only once:

• an appointment is confirmed; and

• required intake forms and consents are completed; and

• the consultation commences.

Empova is not responsible for technical issues, outages, or access interruptions related to third-party platforms used for bookings or telehealth delivery, except to the extent required by law.

8.     REVIEWS AND COMMENTS

Throughout the use of the site users may be invited to review certain products or services, or request information in relation to them (“Content”). If you submit such Content, you give Empova permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This licence will survive the termination of these terms and conditions and your use of the site. You also permit Empova to publish your first name and State or Town in association with any Content provided by you.

By submitting Content, you represent and warrant that:

(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site;

(b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licences, rights, consents and permissions to use and authorise Empova to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions);

(c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content;

(d) all Content that you post is accurate;

(e) you are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and

(f) the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

(a) is not false, inaccurate or misleading;

(b) does not harm minors;

(c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

(d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships;

(e) does not violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);

(f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing;

(g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

(h) is not submitted for compensation or other consideration from any third party;

(i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and

(j) does not contain any computer viruses, worms or other potentially damaging computer programs or files.

Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Empova personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.

Empova reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates this Agreement regarding submission of Content.

User reviews in no way represent the views or opinions of Empova or its owners, shareholders, employees or others, but are the sole product of its creator. Empova disclaims all liability with respect to the Content.

9.     SOCIAL MEDIA

Our general policy is not to delete your comments on Empova’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are:

(a) if your post may offend anyone;

(b) if your post attacks another contributor or Empova personnel;

(c) if you flood our feed, making it difficult for others to get a word in;

(d) if you post information that may endanger your privacy; or

(e) if your post is off topic.

While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

Empova does not provide clinical advice, urgent support or monitoring via social media. You should not post personal health information on public pages or send urgent requests via social media messaging.

10.  LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by law, Empova will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:

(a) interruption of business;

(b) access delays or access interruptions to the site;

(c) data non-delivery, misdelivery, corruption, destruction or other modifications;

(d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites;

(e) any inaccuracies or omissions in Content; or

(f) events beyond our reasonable control.

You agree to defend, indemnify and hold harmless Empova (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of:

(a) your use of and access to the site;

(b) your violation of any term of these terms and conditions;

(c) a breach of your representations and warranties set forth above regarding Content;

(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or

(e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

Nothing in these terms and conditions excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded, restricted or modified under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)) or any other applicable law.

11.  BREACH AND TERMINATION

If, in Empova’s reasonable opinion, you have breached any of these terms Empova may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate this agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

12.  LINKS TO OTHER SITES

Empova maintains links to other websites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites. Further, where users or Empova personnel link other websites on our site or on our social media pages does not mean that Empova endorses them or takes any responsibility for the accuracy of the content on those sites.

13.  INTERFERENCE WITH THE SITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.

14.  APPLICABLE LAW AND JURISDICTION

Empova’s site is created and controlled in South Australia, Australia. These Website Terms and Conditions are governed by and construed in accordance with the laws of South Australia and the Commonwealth of Australia. By using this site you submit to the jurisdiction of the courts of South Australia and Australia and agree that any legal action will only be commenced in these forums.

15.  GENERAL

If any provision of these terms and conditions is deemed invalid by a court of 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 term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Empova’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.