Overview

This website and its associated applications, software, and API are operated by Equanimity Health Pty Ltd ("Equanimity Health", "we", or "us"). 

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These Terms of Service ("Terms") outline the conditions under which you ("you" or "user") may access and use our website, applications, software, and API. By accessing or using any part of our services, you agree to be bound by these Terms.

 

Your Acceptance

* You represent that you are at least the age of majority in your state or province of residence.
* You may not use our services for any illegal or unauthorized purpose.
* You must not transmit any harmful code or viruses.
* A violation of these Terms will result in termination of your service.

 

General Conditions

* We reserve the right to refuse service to anyone for any reason.
* Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks.

* Credit card information is always encrypted during transfer.
* You may not reproduce, distribute, or exploit any part of our services without our written permission.

 

Accuracy, Completeness, and Timeliness of Information

* We are not responsible for the accuracy, completeness, or timeliness of information on this website. 
* The information is for general information only and should not be solely relied upon for decision-making.
* We reserve the right to modify the website content at any time without prior notice.

 

Modifications to Service and Prices

* We reserve the right to modify or discontinue the service (or any part of it) at any time without notice.
* We are not liable for any modification, price change, suspension, or discontinuation of the service.

 

Registration and Payment

* Each account is for a single legal entity or individual user.
* You are responsible for the security of your username and password.
* Payment transactions are secured through Yoco, a secure payment gateway. We do not store your card details.
* We reserve the right to suspend your account for non-payment or invalid credit card details.

 

Termination of Service

* You may cancel your account by contacting support or through your user profile.
* We may cancel your account for inactivity or violation of these Terms.
* Termination of service does not affect accrued rights.

 

Products or Services

* Certain products or services may be available exclusively online.
* We reserve the right to limit the sales of our products or services.
* We do not warrant that the quality of any product or service will meet your expectations.

**Accuracy of Billing and Account Information**

* You agree to provide current, complete, and accurate purchase and account information.
* You agree to update your account information promptly.

 

Optional Tools

* We may provide access to third-party tools over which we have no control.
* You acknowledge that these tools are provided "as is" and "as available" without warranties.
* We are not liable for any issues arising from your use of optional third-party tools.

 

Third-Party Links and Content

* Third-party links on our website may direct you to unaffiliated websites.
* We are not responsible for the content or accuracy of third-party websites.

 

User Comments, Feedback, and Other Submissions

* You agree that we may use any comments you submit without restriction.
* We are not obligated to maintain comments in confidence, compensate you for them, or respond to them.
* You agree that your comments will not violate any third-party rights or contain unlawful, abusive, or obscene material.
* You are solely responsible for any comments you make and their accuracy.

 

Personal Information

* Your submission of personal information is governed by our Privacy Policy.

 

Errors, Inaccuracies, and Omissions

* We reserve the right to correct errors, inaccuracies, or omissions in product descriptions, pricing, etc.
* We do not guarantee that our website or service will be uninterrupted, timely, or error-free. However, we guarantee that we will do everything within commercially reasonable efforts to offer such a website and service.

 

Prohibited Uses

In addition to other prohibitions, you are prohibited from using our website for:
    * Illegal purposes.
    * Soliciting others to perform illegal acts.
    * Violating any regulations, rules, laws, or local ordinances.
    * Infringing on our or others' intellectual property rights.
    * Harassing, abusing, or discriminating against others.
    * Submitting false or misleading information.
    * Uploading viruses or other malicious code.
    * Collecting or tracking others' personal information.
    * Spamming, phishing, or scraping.
    * Obscene or immoral purposes.
    * Interfering with the security features of our website.

 

Disclaimer of Warranties, Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

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We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. We will, however, endeavour to offer Service users at least 30 days' notice in such an event.

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You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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In no case shall Equanimity Health PTY (Ltd), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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Indemnification
You agree to indemnify, defend and hold harmless Equanimity Health PTY (Ltd) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

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These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

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Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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Previous Update to Terms of Service: 20 April 2024