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Terms of Use – Metavate Connect

Effective Date: 02/09/2025

Issued by: Metavate Consulting ABN 42 648 920 147

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1. Definitions

In these Terms:

  • app means the Metavate Connect application, owned and operated by Us.

  • Intellectual Property Rights includes all present and future rights in relation to copyright, trademarks, designs, patents, trade, business or company names, trade secrets, confidential or other proprietary rights, or any rights to registration of such rights whether created before or after the date of this agreement, and whether existing in Australia or otherwise.

  • Metavate Connect Privacy Policy means the privacy policy applying to the Metavate Connect app.

  • Personal Information has the meaning given in the Privacy Act.

  • Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.

  • Terms means these terms of use and includes any document incorporated by reference.

  • Third Party API means an application programming interface supplied by a third party.

  • Third Party Content means content that is controlled or produced by a third party.

  • Third Party Terms means terms such as an open-source licence, terms and conditions, or a privacy policy, of a third party.

  • Use Policies means the Metavate Connect Privacy Policy and other conditions and policies relating to the use of the app published by Us or notified by Us to You.

  • We, Us or Our means Metavate Pty Ltd (ABN 42 648 920 147) and, as the context requires, its personnel.

  • You or Your refers to the user agreeing to these Terms.

 

2. Interpretation

In these Terms:
(a) headings are for convenience only and do not affect interpretation;
(b) words importing the singular include the plural and vice versa;
(c) to the extent of any inconsistency between the terms in this document and another part of this agreement, the terms in this document prevail; and
(d) “includes” in any form is not a word of limitation.

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3. Agreement to these Terms

(a) These Terms set out the basis on which You may access and use the app. Your access is provided in consideration of Your agreement to these Terms.
(b) These Terms apply from the date You accept them and continue until terminated.

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4. Changes to these Terms

(a) We may change these Terms or the functionality of the app at any time.
(b) If We change these Terms, You will be notified and asked to accept the updated Terms to continue using the app.
(c) Updated Terms replace any earlier Terms.
(d) If changes materially reduce functionality, We will use reasonable endeavours to notify You. If You choose not to continue, You must cease using the app under clause 15(a).

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5. Intellectual Property Rights

(a) All copyright and other Intellectual Property Rights subsisting in this app and its content are owned by Us or licensed to Us. Nothing in these Terms transfers ownership or grants any interest in Our Intellectual Property.
(b) We may provide Third Party Content in or via the app. It will be made clear when You are accessing such content.
(c) Use of Third Party Content may be subject to Third Party Terms. By accessing that content, You agree to those terms.
(d) Third Party Terms govern Your relationship with the third party. If You do not accept them, access to that content may not be available.
(e) The app may display trade marks owned by Us or third parties. No licence or right to use such marks is granted.
(f) Apart from rights granted under the Copyright Act 1968 (Cth) or these Terms, all rights are reserved. Requests concerning reproduction of app material should be directed to Us via appsupport@metavate.consulting.

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6. Use of the app

You agree that:
(a) the app and its content are for information purposes only, not medical or professional advice;
(b) the app is not a medical device;

(c) You may use the app only as permitted by law and these Terms;
(d) You must comply with Use Policies.

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7. Restrictions on use

You must not:

  • Violate intellectual property or privacy rights;

  • Use the app unlawfully or to distribute malicious code;

  • Store or share defamatory, offensive, or unlawful material;

  • Engage in activity that damages or impairs the app;

  • Interfere with other users’ access;

Nor may You:

  • Copy, reverse engineer, sell, rent, or otherwise misuse the app or its code;

  • Remove copyright or proprietary notices;

  • Access the app by non-authorised means;

  • Bypass security controls.

 

8. Our rights

We may, without notice:
(a) remove content from the app;
(b) intercept, remove, or alter content stored on the app.

 

9. Availability of the app

(a) We use reasonable endeavours to maintain availability.
(b) Planned or emergency maintenance may cause suspension.
(c) You are responsible for ensuring your hardware, software, and internet meet requirements.
(d) We may rely on external services beyond Our control.

 

10. Third Party Content and APIs

(a) We make no representations about the accuracy of Third Party Content or APIs.
(b) References to third parties are not endorsements.
(c) We are not responsible for losses relating to transactions or use of third-party systems.
(d) Certain APIs or Content may be licensed to Us by third parties, and You acknowledge their rights.

 

11. Privacy

(a) You must cooperate with Us to comply with the Privacy Act.
(b) You are responsible for information You provide through the app, and for obtaining necessary consents (e.g., nominating emergency contacts).
(c) Information You submit must not infringe third-party rights.
(d) We use information in line with the Metavate Connect Privacy Policy.

 

12. Data

We may collect de-identified technical data relating to Your use of the app (device type, system software, app performance) to monitor, improve, and administer the service.

 

13. Opinions and recommendations

Opinions presented in the app may be Ours or third parties’. They are provided in good faith but without warranty. You must make Your own assessment and seek professional advice before relying on them.

 

14. Disclaimers and limitations of liability

To the extent permitted by law:
(a) The app and its content are provided “as is”. Use is at Your own risk.
(b) We disclaim all warranties (express or implied).
(c) Our liability for non-excludable guarantees is limited to resupply of services.
(d) We are not liable for:

  • Indirect, special, or consequential loss;

  • Loss of data, profits, or goodwill;

  • Any loss arising from Your use of the app.
    (e) You remain liable for Your actions and omissions.

 

15. Termination

(a) You may terminate use at any time by uninstalling the app.
(b) We may suspend or terminate Your access immediately and without notice.
(c) On termination, You must cease all use and uninstall the app.
(d) Our rights survive termination.

 

16. Severance

If any provision is unenforceable, the remaining terms continue in effect.

 

17. Governing law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of its courts.

 

18. Contact Us

For any questions or support with the use of the App please contact:

Email: appsupport@metavate.consulting

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