By downloading the Evolve Me mobile application and/or using any other Services provided by Evolve Me, you are deemed to have accepted the following terms and conditions (‘Terms’), as may be amended from time to time. You should not use our Services if you do not agree with these Terms.
1.1 Evolve Me provides its Services to the Users in accordance with these Terms.
1.2 The Services are not medical, mental health or any other type of heath service, such as mental health counselling. The Services cannot be considered a substitute for medical, psychiatric, psychological or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present.
2.1 You make the following representations and warranties:
2.2 You further represent and warrant that you will not do any of the following:
2.3 Each of the representations and warranties in clause 2 are taken to be repeated every day till the termination of these Terms.
3.1 We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services.
3.2 By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.
4.1 Evolve Me allows for the “In-App” purchase for services that are available in exchange for the payment of an amount of money.
4.2 In order to make such purchases, you will be required to create an account and include applicable personal and payment method information.
4.3 By following the procedures within the App for the purchases, you agree to pay all fees associated with such purchase, which are non-refundable and non-cancellable.
5.1 You expressly agree that the tariff shall be inclusive of all taxes and duties. It is further agreed that you shall pay all taxes and duties in accordance with the applicable laws.
6.1 You agree and understand that the Services are non-refundable, and we do not issue credits for the Services.
6.2 If we suspend or cancel your account in accordance with these Terms, or if you close your account voluntarily, you agree and understand that you will receive no refund or exchange of any kind for the Services, except as set forth in applicable laws.
7.1 Our Services continue to evolve and you acknowledge that we may update the Services without notifying you. You may need to update the third-party software from time to time in order to receive the Services or use the Services.
7.2 Any updates, new releases or upgrades (together, “Updates”) are subject to these Terms.
7.3 Updates are provided when available, at our sole discretion, and may include bug fixes, security updates, new features and enhancements to existing features. Updates do not include new applications, new third-party tools and/or new functionalities, to the extent that these are subject to additional fees, as determined by us.
7.4 Once an Update is released, it is your responsibility to update your App diligently. We may not support previous versions of the Services, and we have no liability or responsibility for supporting and maintaining them, including security patches. It is important to keep your App up-to-date.
8.1 Our Services, including text, logos, icons, images, graphics, audio clips and videos, codes and mobile applications, as well as the collection, arrangement, assembly of such Services, are the exclusive property of Evolve Me and/or its suppliers.
8.2 Our Services, including text, logos, icons, images, graphics, audio clips and videos, are protected by applicable intellectual property laws.
8.3 All titles, ownership rights and intellectual property rights in and to the Services and any and all copies thereof, are owned by us. All rights are reserved, except as expressly stated in these Terms.
8.4 By using the Services, you agree not to remove, alter or obscure any copyright, service mark or other proprietary rights notices incorporated in or accompanying the Services.
8.5 We may from time to time grant you with a non-exclusive and non-transferrable licence to access our Services, subject to your compliance with these Terms and the Privacy Policy.
9.1 We provide our Services in our sole discretion on an ‘as is’ basis, without any obligation to provide any Services to any User.
9.2 We may from time to time add to, change or remove material from our Services, in our sole discretion, on a temporary or permanent basis, without prior notice.
9.3 We may suspend or cancel any User’s account to our Services if we reasonably consider that the account may have been compromised, used fraudulently, or the User has breached these Terms and/or the Privacy Policy.
10.1 The content provided through our Services is for your informational purposes only and cannot be construed as any professional advice, such as medical advice.
10.2 With respect to the general information, advertisements, offers or other links to third-party websites or sources (including ‘click to purchase’) that may be available through our Services:
10.3 To the maximum extent permitted by law, we exclude all express and implied conditions and warranties with respect to the availability, accuracy, completeness, merchantability, quality and fitness for purpose of our Services. You use our Services at your own risk.
10.4 To the maximum extent permitted by law, the Indemnified Parties disclaim all direct, indirect and incidental liabilities with respect to any injury, loss, damage, interruption of business, loss of data, income or profit, loss of or damage to property, third-party claims arising from or in connection with your access to our Services.
10.5 Any actions against any of the Indemnified Parties must be brought within 12 months of the provision of the Services, after which you are barred from bringing such actions.
10.6 In the event that Evolve Me agrees to pay you to settle a dispute, you acknowledge and agree that:
11.1 You agree to hold the Indemnified Parties harmless from, and indemnify them for all direct, indirect and incidental loss, damage, costs and expenses suffered or incurred by the Indemnified Parties as a result of or in connection with your use of our Services.
12.1 Please contact us at enquiry.evolveme@gmail.com or any other means as we may reasonably nominate from time to time if you want to make a complaint with respect to our Services.
12.2 We will acknowledge the receipt of your complaint in writing within 7 days. We will conduct the appropriate investigations and endeavour to provide you with a written response within 28 days of receiving your complaint.
12.3 If you do not agree with our written response, we recommend that you seek independent legal advice before taking any further steps.
12.4 You acknowledge that we are not obligated to deal with any disputes between Users. The fact that we choose to deal with one dispute between Users in one instance does not mean that we are obligated to deal with other disputes between Users.
13.1 You authorise us to send all communication and notices to your Nominated Email Address.
13.2 You must inform us of any changes in your contact information, including your Nominated Email Address, within 14 days of such changes taking place.
13.3 You are deemed to have received the written notice when our email system shows the email as a sent item without any notice to the effect that there has been a delivery failure.
13.4 All communication and notices to Evolve Me should be directed to enquiry.evolveme@gmail.com, or any other means as we may reasonably nominate from time to time.
14.1 You agree that we may, at any time and in our sole discretion, with or without cause or notice to you, terminate these Terms and/or your access to our Services, if we provide you with a pro-rated refund for any Services not rendered by termination.
14.2 You remain liable for any breaches of these Terms and/or the Privacy Policy incurred till the termination.
14.3 We may continue to exploit the Services and/or the related content and material we have created, or developed specific plans to create as we see fit.
14.4 We may cancel your account and terminate these Terms with you with immediate effect by providing you with written notice if any one or more events takes place:
15.1 A waiver of a right or remedy under these Terms will not be effective unless it is in writing and signed by the party granting it. Its effectiveness is restricted to the specific instance and for the specific purpose for which it is granted.
15.2 A single or partial exercise of a right or remedy under these Terms does not prevent a party from a further exercise of that or of any other right or remedy.
15.3 A failure or delay in exercising or enforcing any right or remedy under these Terms does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
16.1 Evolve Me may assign, novate, or participate its rights and/or obligations under these Terms and/or the Privacy Policy without prior written notice to you.
16.2 You must not assign, novate, transfer or deal with your rights or obligations under these Terms or the Privacy Policy, or attempt to do so, without our prior written consent.
17.1 If any clause or a part of a clause is, or becomes, invalid, illegal, void or voidable in a particular jurisdiction, it shall be read down to the extent possible in that jurisdiction to give effect to the parties' intention manifested in these Terms.
17.2 In the event that the clause or the part thereof is not capable of being read down, it shall be severed, without affecting the validity or enforceability of the other clauses in these Terms.
17.3 The fact that a clause or a part thereof is severed from these Terms in one jurisdiction does not affect its validity or enforceability in other jurisdictions.
18.1 These Terms together with the Privacy Policy supersede all previous agreements about their subject matters and embody the entire agreement between you and us.
18.2 To the maximum extent permitted by law, any statement, representation, term, warranty, condition, promise or undertaking made, given or agreed to in any manner, has no effect except to the extent expressly set out or incorporated by reference in these Terms.
19.1 We reserve the right, at our discretion, to amend these Terms and/or the Privacy Policy without prior notice to you. The amended Terms and/or the Privacy Policy will become effective when they are posted through our Services.
19.2 Your continued use of our Services is deemed as an acceptance of the updated Terms and/or the Privacy Policy.
19.3 In the event that the variation concerns an increase in the fees and charges, we will provide you with a minimum of 30 days’ notice via email to your Nominated Email Address. You are deemed to have accepted the increase in fees at the end of the 30-days’ notice period.
20.1 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia (and any appellant courts thereof), or any other jurisdiction that Evolve Me may reasonably nominate. Each party waives any right to object to an action being brought in those courts.
21.1 These Terms and the Privacy Policy are governed by the law in the State of Queensland, Australia, without regard to its conflict of laws rules.
21.2 These laws will apply no matter where in the world you live, but if you live outside of Australia, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
22.1 Definition
In this document, unless otherwise stated:
22.2 Interpretation
In this document, unless the context otherwise requires:
22.3 In the event that there is any inconsistency between these Terms and the Privacy Policy, these Terms prevail to the extent of that consistency.
