Our Terms and Conditions

Last Updated February 2022

Thank you for visiting our website. Our platform (including our website, app and related services) is operated by Aurelius Health Pty Ltd (ABN 28 640 008 804) (Lived). By accessing and/or using this website, our platform and related services, you agree to these terms of use, which include our Privacy Policy (available at lived.app and Livedhealth.com) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website and platform if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Lived.

1. Registration

You must be a registered member to access certain features of our platform.

When you register and activate your account, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy

When you register and activate your account, you can choose your username and password using Slack. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

In simple terms

Our platform is for registered users only.

Please keep your username and password safe.

2. Creating an account

To create an account, you must.

  • be at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree to use the platform in accordance with these Terms.

If you are under the age of 18 years, you may not create an account or register as a member. You may wish to visit au.reachout.com to access resources aimed toward minors dealing with drug issues or supporting those who are.

In simple terms

Sorry, our platform is for +18 years only.

3. User names

The community on the Lived platform works through trust and respecting each other’s privacy. To build trust with others, we encourage you to use your real name in your user name. However it is important you know that you have the option of dealing with us anonymously or by pseudonym. If you prefer a level of anonymity, you may (for example) choose to vary your last name in creating a user name.

In simple terms

You can stay anonymous if you choose, but we encourage you to use your real name.

4. Collection Notice

We collect personal information about you in order to provide you with use of our platform and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We don’t store your data overseas, but some features of third party applications (such as Slack and related services, accessible through the platform) may involve access of information by those third parties as overseas recipients of information in order for them to make their functionality available for platform use.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, you can get in touch with our Privacy Officer (contact details are in our Privacy Policy).

In simple terms

We’ll use your personal information in the way we describe in these Terms and our Privacy Policy.

Reach out to our Privacy Officer if you’d like to access, change or complain about our handling of your personal information.

5. Your statutory guarantees

The Australian Consumer Law which forms part of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) provides certain statutory guarantees which cannot be excluded, restricted or modified. Nothing in these Terms affects your rights under the Australian Consumer Law or similar legislation regarding statutory guarantees.  

6. Your consent

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms.

In simple terms

You control your personal information. You can withdraw your consent at any time.

7. Accuracy, completeness and timeliness of information

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, our platform or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website or platform will be secure.

The information on our platform is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our platform, you should monitor any changes to the information contained on our platform.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website, a linked website or our platform. You must take your own precautions to ensure that whatever you select for your use from our platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. 

We may, from time to time and without notice, change or add to the platform or the information, products or services described in it. However, despite best efforts, we cannot guarantee that the platform is always updated with the very latest information.

We are not liable to you or anyone else if errors occur in the information on the platform or if that information is not up-to-date.

In simple terms

We try our best, but cannot guarantee constant availability of the platform.

Likewise, we cannot guarantee accuracy of content or that information on the platform is the very latest information out there. The platform is a collaborative tool, and relies on information provided by third parties and our users.

8. Linked sites and resources

Our website and platform may contain links to websites and resources (including emergency medical resources) operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

In simple terms

Lived will make third party information accessible through the platform but is not responsible for reliance on third party information.

9. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website, our platform and in all of the material (including all text, graphics, logos, audio and software) made available on this website and our platform (Content).

Your use of this website, our platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website, our platform or the Content. However we do grant you a licence to access the website, our platform and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

To enable Lived to use your information, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in your information, to make the website and platform available to users and for Liveds’ legitimate business purposes.

In simple terms

There’s a bit in here. It just means we have the right to make content available through the platform. As part of this, you grant us a licence to use your contributions to the platform, for the platform and our legitimate business purposes.

10. No commercial use

The platform is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the platform.

You may not use this website, our platform or any of the Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or other platforms.

In simple terms

Our platform is designed for your personal benefit. We prohibit anyone using our platform for commercial purpose or gain.

11. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our platform, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals or of Lived;
  • using the platform to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to the platform any non-authorised material including, but not limited to, material (including text, comments and messages to other users) that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, depicting drugs or drug use, threatening, pornographic or which is detrimental to our systems or a third party’s systems or network security.

If we allow you to post any information to our platform, we have the right to take down this information at our sole discretion and without notice.

In simple terms

Please pay attention to this – it is important that every user of the platform acts in a way that respects other users. These restrictions are a key part of that.

12. Platform Code of Conduct

You agree to follow the Platform Code of Conduct at all times when you are using our platform.

12.1 Community Code of Conduct

Respect all members

Lived is made up of a very diverse community of members. This means it’s important to respect other people’s beliefs, interests and goals while on Lived. Lived takes a strong stance against disrespectful, rude or abusive behaviour, bullying, and bigotry. You should behave the same way to others on Lived as you would expect to be treated in real life. Additionally, we encourage all of our members to report anyone who does not follow these behavioural guidelines. As a community rooted in kindness, support and respect, we expect all of our users to respect each other, themselves, and the Lived team.

Do not disclose private information about other members

Lived is dedicated to creating the most inclusive and safe space to give and get support. This means: What is shared on Lived, stays on Lived. You should always protect the identity of other members or any of their activity, whether on the Lived platform or in the broader community. This includes, but is not limited to, another member’s name, age, location, gender, profession, and/or any other possible identifying details of their personal story. 

Respect other member’s paths

Everyone’s relationship with alcohol is personal and unique, and for that reason, there is no ‘one-size-fits-all’ approach that works for everyone. At Lived, we believe in helping people to find the path that works for them—and that progress is always more important than perfection. It’s important that everyone feels supported on their path towards progress, regardless of their pace, goal or set-backs. Please honor your path while respecting the path of others, by refraining from criticism and judgement. And please do not attempt to push your method or approach, as being the ‘only’ way to achieve a personal goal.

Don’t do anything illegal on our platform

Illegal activity will not be tolerated on Lived. This may result in being banned or restricted from the platform, and/or being reported to the authorities.

No soliciting

Lived isn’t for selling things, it’s for learning and connection. If you try to use it as a marketplace, you will be banned.

Community monitoring

We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Guidelines and our Terms and Conditions. If you don’t follow these guidelines, you’ll receive a warning (unless our team decides to block or restrict access without warning at our discretion). If you ignore this warning, you risk losing your account. These guidelines are designed to make Lived a friendly and safe place for all our users. If you do come across any behavior that is in violation of of these terms, please contact: [email protected]

In simple terms

We are proud of our platform’s Code of Conduct – it sets out clear rules for everybody to follow. Let us know if you would like to discuss our code with us.

13. No professional medical or healthcare advice

You agree that the website, our platform and the Content do not constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and are not intended to, nor should be used to, replace professional medical advice. In no circumstances should any Content be relied upon without independent consideration and confirmation by a qualified medical practitioner.

Lived makes no representations or warranties with respect to any treatment, action, suitability or application of medication or preparation by any person whether based on the Content or not. In no circumstances will Lived be liable for any direct, indirect, consequential, special, exemplary or other damages arising therefrom.

In simple terms

We are not doctors or healthcare providers, and we do not pretend to be. You should seek independent medical advice if you are looking for medical treatment, action or medication.

14. Suspension and termination

We reserve the right to restrict, suspend or terminate without notice your access to our platform, any Content, or any feature of our platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

In simple terms

We need the right to remove users, if they do the wrong thing.

15. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, our platform and/or the information or materials contained on them, or as a result of the inaccessibility of this website, our platform and/or the fact that certain information or materials contained on them are incorrect, incomplete or not up-to-date.

In simple terms

We take care in how our platform operates, but (to the extent permitted by law) you are responsible for what occurs on the platform.

16. Subscriptions

We offer subscriptions with Lived enabling you to use certain services provided through our platform (Subscription). Payment for each Subscription is governed by these Terms.

We reserve the right to change our Subscription plans and  may change the pricing terms of our Subscription plans from time to time. If we do change our Subscription plans, we will provide you with an advance notice before the change comes into effect (any changes made won’t affect the price for any Subscription you have already paid for or paid for in advance).

We may also offer promotional offers and special discounts from time to time, which may be subject to separate terms and conditions.

17. Payments

You can pay for Subscriptions by using a valid credit card or other approved payment method on the Lived platform.

All costs are in United States Dollars (USD) unless otherwise indicated. Please note that your credit card provider may charge you a currency conversion or similar fee to pay in USD.

If your payment is declined (for example, because of incorrect payment details or insufficient funds) and you do not correct the issue within five days (or cancel your account), we may suspend your access to the Lived platform or cancel your account until payment has been received.

You remain responsible for any outstanding payments owing to us and you authorise us to charge any outstanding payments to your updated payment method.

18. Third party payment services

We may use a third-party payment service provider in the processing of payments. You may be requested to agree to additional terms between you and the third-party payment service provider in order to use that third-party payment service provider.

19. Automatic renewal and cancellation

Unless you cancel or opt-out of automatic renewal of your Subscription before the expiry of your Subscription, you will be charged for a renewed Subscription (and you authorise us to charge you for this renewal using the payment method you have provided).

You may cancel your Subscription at any time (this includes when you don’t agree to a change to a Subscription plan). You can request that your account be terminated in the ‘Settings’ section of your account, by contacting us at [email protected] If you purchase your Subscription through a third-party app provider (e.g Apple App Store) you can cancel your Subscription any time with that third-party app provider.

After cancellation, you will continue to have access to our platform for the remainder of your Subscription period. You will not receive a refund for the Subscription period. 

If you are dissatisfied with our services for any reason, please contact us at [email protected]

20. Change of mind

Please order carefully. Significant time, effort and resources are involved in making our platform and services available to you and to the extent permitted by law (including the Australian Consumer Law) we do not offer refunds or credits for unused subscription periods, accidental purchases, change of mind, failure to cancel automatic renewal of your subscription, or any other reason or event.

However, your satisfaction is important to us. Again, if you are dissatisfied with our services for any reason, please contact us at [email protected]

21. Jurisdiction and governing law

Your use of our platform and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

22. User generated content

“User Content” means any and all information and content (including, but not limited to, user profile content, posts, comments, photos and videos) that you submit to, or use with, our Website, Lived platform, or any of our social media groups.

By submitting any User Content, you are representing that you are the owner of your User Content, or have express consent from the owner, and that you are 18 years of age or older. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice.

You hereby grant (and you represent and warrant that you have the right to grant) to us and our subsidiaries, affiliates, and successors an irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, transferable, worldwide license to use, reproduce, modify, publish, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sub-licenses of the foregoing rights, in connection with providing the Lived platform and our business, including without limitation for promoting the Lived platform. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You retain all rights in your User Content, subject to the rights granted to us in these Terms.

Although we have no obligation to screen, edit, or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using any Lived platform, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

23. Copyright infringement

We respect the intellectual property rights of others, and ask you to do the same. If you believe in good faith that any materials hosted by us infringe your copyright, please contact our copyright agent and provide a notice meeting the current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 (“DMCA”; see https://www.copyright.gov/dmca-directory/ for details). By submitting a copyright infringement notice, you acknowledge and agree that we or our copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

If you believe that we have removed or disabled your User Content which is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice meeting the current statutory requirements imposed by the DMCA. We or our copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim.

Our designated agent for notice of copyright infringement can be reached at: [email protected]

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