Lyfy Pty Ltd (ACN 669 501 928), (Lyfy, we, our, us), owns and operates the software application “Lyfy App” (Application).
The below Terms of Use (Terms) govern your access to and the use of the Application and any other features, or functionalities hosted, provided on or in connection with our services (collectively, Services).
These Terms must be read in conjunction with any other agreement between us and you from time to time subject to the Services that we may offer.
By accessing or using the Application, you acknowledge that you have read, understood and agree to be bound by these Terms, as well as by the Lyfy Privacy Policy (Privacy Policy) hereby incorporated into these Terms.
1.1. The Services allow users to store, manage, and access their personal health information (Health Data) and as well as to access certain health - related resources and tools.
1.2. We reserve, at our sole discretion, the right to modify from time to time the Services, including any changes to functionality. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the new Terms. Your sole remedy if you are dissatisfied with our Services or these Terms is that you may discontinue your use of our Services.
2.1. You are required to create a Lyfy account (Account) and become registered as a user (Registered User) to use the Services.
2.2. If you choose to register for the Services, you agree to:
2.3. When registering an Account, you are also required to establish login credentials, or we may permit you to login via a third - party application (Login Credentials).
2.4. You are responsible for the confidentiality of your Login Credentials and any use of your Login Credentials and Account.
2.5. You agree to immediately notify us upon becoming aware of any unauthorised use of your login Credentials, Account or any other breach of security.
2.6. We are not liable for any acts or omissions by you in connection with your Account or any damages arising from your failure to comply with this section.
2.7. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information.
3.1. Subject to these Terms, we hereby grant to you a limited, non - exclusive, non - transferable right to access the Services for your personal, non - commercial use on any compatible electronic device that you own.
3.2. Except as expressly permitted under applicable open - source licenses or as required by law, you may not:
3.3. You acknowledge that your access to and use of the Services may be dependent on third - party infrastructure and services. It is your responsibility to comply with any applicable terms and conditions of these third - party providers.
4.1. By using the Service, you agree not to, directly or indirectly:
5.1. The Services may contain links or enable access to services or websites of third - party providers (Third - Party Services). These Third - Party Services are provided for your convenience only.
5.2. Third Party Services are not under our control, and we are not responsible for Third Party Services (including, without limitation, the suitability for your intended use of the Third - Party Services).
5.3. We do not endorse or recommend any Third - Party Services or any associated provider organisation or their product or services. You should make your own enquiries as to the suitability of any Third - Party Services.
6.1. You acknowledge and agree that neither Lyfy nor the Services offer medical advice. Any content or data provided through the Services are for general wellbeing and informational purposes only and is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients.
6.2. Lyfy is not responsible for the accuracy, timeliness, or completeness of your Health Data, or for any reliance by you or any medical professional on your Health Data or any information we may provide to you.
7.1. The Services is owned and operated by Lyfy. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (Materials) provided by Lyfy are protected by intellectual property and other laws.
7.2. All Materials included in the Services are the property of Lyfy or its third - party licensors. Except as expressly authorised by Lyfy, you may not make use of the Materials for any purpose.
7.3. “LYFY” and its logos are registered trademarks owned by Lyfy Pty Ltd (ACN 669 501 928). All other trademarks appearing in the Services are the property of their respective owners. Lyfy reserves all rights to the Materials not granted expressly in these Terms.
8.1. You are solely responsible for your use of the Services and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms.
8.2. By using the Services in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us a worldwide, non - exclusive, sublicensable, royalty - free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Services for our current and future business purposes, including to provide, promote, and improve the Services.
8.3. Lyfy does not claim that submitting, posting, or displaying this content on or through the Services gives us any ownership of the content.
8.4. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Services.
9.1. We may suspend or terminate your access to and use of the Services, your Account and/or registration as a Registered User at any time, without need to provide reasons. These Terms will terminate if your access to and use of the Services is terminated by us. To the extent you continue to access or use any of the Services, these Terms will continue in respect of those Products and/or Services.
9.2. To the maximum extent permitted by law, we reserve the right to maintain, delete or destroy any and all data relating to your Account upon the deactivation of your Account and you ceasing to be a Registered User.
9.3. Termination of these Terms will not end those provisions that are capable of surviving the ending of these Terms.
10.1. Nothing under these Terms, and in particular this section, shall attempt to exclude liability that cannot be excluded under applicable law.
10.2. To the extent permitted by law, you acknowledge and agree that:
10.3. To the maximum extent permitted under applicable law, we will not be liable for any loss, damage, cost, expense or liability of any kind including, without limitation, any direct loss or any indirect, consequential, incidental special exemplary or punitive loss or damage (Loss), howsoever caused (whether in contract, tort or otherwise at law and whether we knew or should have known of the possibility of such Loss) suffered or incurred by you arising from or in connection with:
11.1. To the fullest extent permitted by law, you are responsible for your use of the ServiceS occurring through your Account, and you will defend and indemnify Lyfy, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Lyfy Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with:
11.2. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
12.1. To the fullest extent permitted by law, our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these Terms by any legislation (Statutory Warranties) is hereby excluded. To the maximum extent permitted by applicable law, we will have no other warranty obligation whatsoever with respect to the Services. Any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty, will be our sole responsibility, subject to any exclusions specified in this clause.
12.2. Where we are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, our liability for any breach of such Statutory Warranties shall be limited, at our option, to one or more of the following:
12.3. You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.
13.1. If any Term is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
14.1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to admin@lyfy.org.
These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Lyfy regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
These Terms and the Services are governed by the laws of the New South Wales without regard to conflict of law principles. You and Lyfy submit to the personal and exclusive jurisdiction of the courts of New South Wales for resolution of any lawsuit or court proceedings permitted under these Terms.
These Terms and the Services are governed by the laws of the New South Wales without regard to conflict of law principles. You and Lyfy submit to the personal and exclusive jurisdiction of the courts of New South Wales for resolution of any lawsuit or court proceedings permitted under these Terms.
Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (Additional Terms). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Lyfy’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The Terms constitutes the entire agreement between the Lyfy and you and supersedes all oral and written communications.
By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
You may contact us by sending correspondence to that address or by emailing us at admin@lyfy.org.
Dated: 18 April 2025