Website Terms and Conditions

1. Background

1.1 This website located at www.myvaginalhealth.com.au (Website) is owned and operated by InMode Australia Pty Ltd ACN 635 881 551 (InMode, we, us, our).

1.2 By using this Website and in consideration of InMode providing you with access to the Website, you agree that these Website Terms and Conditions govern your access to and use of the Website and you accept and agree to comply with them.

1.3 If you do not agree to these Website Terms and Conditions, you must not use or access the Website.

1.4 We reserve the right to amend these Website Terms and Conditions from time to time without giving specific notice to you. We will publish the amended Website Terms and Conditions on the Website.

1.5 You should periodically review the Website Terms and Conditions and, if you do not agree with any of the changes, you must cease using or accessing the Website. By continuing to use the Website, you will be deemed to have accepted the changes to the Website Terms and Conditions.

2. Changes to the Website

2.1 We may, from time to time and without notice:

(a) change, add to, or remove content or functionality of the Website; and

(b) cease, interrupt or withdraw access to the Website for any reason, including for upgrades and maintenance of the Website.

3. Your conduct and responsibilities

3.1 You must not:

(a) use the Website in breach of any applicable laws or regulations;

(b) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;

(c) use the Website to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;

(d) not use the website to harm, abuse, harass, stalk, threaten

(e) frame or mirror any part of the Website without our written authorisation; or

(f) interfere with, disrupt, or create an undue burden on the Website.

3.2 Without limiting 3.1, you will not and will not permit a third party to:

(a) misuse the Website, or knowingly or negligently introduce viruses, trojans, worms, logic bombs or other material to the Website that is malicious or technically harmful;

(b) attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

(c) attack the Website via a denial-of-service attack or a distributed denial-of service attack;

(d) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, scraping, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking any data or content on the Website;

(e) circumvent, disable or otherwise interfere with security-related features of the Website;

(f) use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;

(g) create derivative works from any Website content, information, software, or services obtained from the Website, including to create products or services competitive with our products and services;

(h) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Website or its contents or reproduce all or any portion of the said components; or

(i) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

3.3 We may, at any time and at our discretion, investigate any reported or suspected breach of these Website Terms and Conditions (or other unauthorised or unlawful use of the Website) by you or any other user.

3.4 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Website, the quality of the services and our reputation. These actions may include (but are not limited to) suspending or blocking your access to the Website, reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

3.5 If you believe that a user has breached any of the above conditions, please contact us by email at info@inmode.com.au.

3.6 You are responsible for your own Internet connection, telecommunications and data costs when accessing and using the website.

3.7 You are responsible for implementing reasonable security and anti-virus software to prevent the introduction of viruses and malicious code into your computer systems and devices.

4. Intellectual Property

4.1 Unless otherwise indicated, the intellectual property rights in the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Website Content) are either owned by us, or licensed to us, and all rights in the Website Content are reserved.

4.2 We grant you a limited right to access the Website and view the Website Content, subject to these Terms. You must not otherwise copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Website Content without the permission of the owner of that Website Content. We reserve the right to review, edit, move or delete any Website Content from the Website at any time without notice.

4.3 We reserve the right to aggregate and analyse data that we collect through the operation of the Website. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the Website in the course of using the Website and our services.

4.4 Trade marks used on the Website to describe third parties and their products are trade marks of those third parties and you are not permitted to use them without the consent of those third parties.

5. Links and Third Party Content

5.1 The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).

5.2 Third Party Content and Third Party Websites are not under the control of InMode. InMode does not endorse, approve or make any warranty or claim regarding Third Party Content (including User Content), Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.

5.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

5.4 We may receive fees or commissions from third parties for products or services displayed or made available on the Website or accessible through a link on the Websites, and we may pay fees or commissions for referrals made to us, and you acknowledge and consent to us receiving such fees or commissions.

6. User Content

6.1 We may from time to time offer areas on our Website where you and other users can post, upload or otherwise submit comments, suggestions, feedback, ideas and other information or materials (User Content).

6.2 By uploading or providing User Content, you represent and warrant that:

(a) you own or otherwise have all necessary rights in the User Content to provide it to us and for it to be used by us on the terms of these Website Terms and Conditions;

(b) the User Content is true and accurate, not misleading, and does not contain any unlawful, illegal, offensive, threatening, abusive, defamatory, sexually explicit, obscene, or infringing material;

(c) the User Content does not, and its use by InMode in accordance with these Website Terms and Conditions will not, infringe the rights of any other person or entity, including intellectual property rights, moral rights and rights of confidentiality, privacy and publicity; and

(d) if the User Content contains an image or personal information of another person, you have that person’s consent to upload and provide it; and

(e) the User Content complies with applicable laws.

6.3 By sending, posting or uploading the User Content to us:

(a) you retain ownership of the intellectual property rights (if any) in the User Content;

(b) you grant us (and our successors) a worldwide, non-exclusive, transferable, royalty-free, perpetual and irrevocable right to use, copy, reproduce, modify, distribute, transmit, create derivative works of, publish and perform the User Content in any media and for any purpose (including commercial purposes), including to publish and communicate the User Content on the Website, and the right for us to sub-licence the foregoing rights to third parties;

(c) you consent to us, our successors and sub-licensees doing anything in relation to your User Content that, but for this clause, would otherwise infringe any moral rights you may have in the User Content under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions; and

(d) you acknowledge and agree that all User Content is deemed non-confidential, unless we have specifically agreed otherwise in writing at the time you provide the User Content to us.

6.4 You acknowledge and agree that we have the right (but not the obligation) to edit, modify, remove or refuse to use or publish any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party. We are not responsible for information that you choose to communicate via our Website.

6.5 InMode also has the right to disclose your identity to any third party who is claiming that any User Content constitutes a violation of their intellectual property rights or of their right to privacy.

7. Cookies

7.1 A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit personal requirements.

7.2 We may use third-party vendors to show InMode ads on sites on the Internet and serve these ads based on a user’s prior visits to the Website. InMode may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the Website.

7.3 While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

8. Australian Consumer Law

8.1 In this clause, “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms “Consumer” and “Consumer Guarantees” have the meaning given to them in the Australian Consumer Law.

8.2 The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified. NOTHING IN THESE WEBSITE TERMS AND CONDITIONS HAS THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING A CONSUMER’S RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE STATUTORY RIGHTS THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED. However, where the Australian Consumer Law permits a supplier of goods or services to limit its liability for a failure to comply with a Consumer Guarantee, InMode limits its liability in accordance with clause 9.2.

9. Disclaimers and limitation of liability

9.1 All implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of these Website Terms and Conditions are excluded other than:

(a) those set out in these Website Terms and Conditions; and

(b) any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement including those under the Australian Consumer Law (Non-Excludable Terms).

9.2 To the maximum extent permitted by law (but subject to clause 8), if InMode is liable for any loss or damage suffered or incurred by you (including for a breach of a Non-Excludable Term) which arises out of or in connection with the Website, the Website Content or these Website Terms and Conditions, including where due to our negligence, InMode’s liability is limited (at its option, acting reasonably) to:

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

9.3 Where you suffer any loss or damage in connection with the use of the Website, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.

9.4 WITHOUT LIMITING YOUR RIGHTS AND OUR OBLIGATIONS UNDER THE AUSTRALIAN CONSUMER LAW AND OUR LIABILITY TO YOU IF WE BREACH ANY NON-EXCLUDABLE TERMS (WHICH ARE SUBJECT TO CLAUSES 8 AND 9.2):

(a) the information on this Website provides general information only and is not intended as health, medical, financial or legal advice and must not be relied upon as such. We strongly recommend that you obtain independent professional advice before making any decisions or taking any further action based on the information contained on this Website;

(b) without limiting (a), the information on this Website should not be used for diagnosing or treating medical or health issues. If you have or suspect you may have any health or medical issues you should consult with a qualified medical professional;

(c) the Website and the Website Content are provided “as is”, may contain errors, may not be up to date and may not be available at all times;

(d) the Website or any server that makes it available may contain viruses or malicious code, and your computer, software, devices or data may be damaged by any viruses transmitted by the Website or by any Third Party Content or Third Party Website;

(e) we are not liable to you in connection with your use of the Website or Website Content, whether arising under contract, tort (including negligence), under statute or otherwise, for any:

(i) loss of opportunity, profit, business, revenue or anticipated savings, or for any special, consequential or indirect loss or damage, even if we have been advised of the possibility of such loss or damage;

(ii) corruptions to or loss of data or your computer systems or devices (including if viruses or malicious code are transmitted via the Website);

(iii) loss or damage arising from any suspension of access or discontinuance of the Website or any functionality;

(iv) reliance on any Website Content or material displayed on the Website;

(v) loss to the extent that it was contributed to by you or any other matter outside our reasonable control.

10. Privacy

10.1 By using the Website, you agree that we may collect, hold, use and disclose your personal information as described in these Website Terms and Conditions, as described in our Privacy Policy and any other privacy notices that we provide you during your use of the Website.

10.2 When you use the Website, we collect personal information that you provide to us or generate through your use of the Website. This personal information is used for:

(a) any specific purposes for which you provided it to us and related purposes;

(b) the general operation of the Website, so that you can access and use the functions and services of the Website, and so we can monitor how users utilise the Website;

(c) other purposes as otherwise notified to you; and

(d) if you provide your contact details, to contact and communicate with you, including via electronic messaging, in relation to your use of the website or our products and services

10.3 If you don’t provide any of the information requested, We may not be able to provide all of the Website functionality or otherwise transact with you.

10.4 We may disclose the personal information we collect from or about you to our related bodies corporate and our or their service providers and suppliers who provide us with (or help us to provide) the Website and our products and services.

10.5 If you choose to use certain features of the Website, your information may be shared with other users as part of these features (for example, direct messaging and public forums). We ask that you carefully consider what information you choose to share and post on the public sections of the Website.

10.6 Our Privacy Policy (available at: www.myvaginalhealth.com.au/privacy-policy ) describes how InMode collects, holds, uses and discloses personal information, whether we transfer personal information overseas, how you can seek to access or correct any personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint. We can be contacted at info@inmode.com.au.

11. Jurisdiction

11.1 These Website Terms and Conditions are governed by the laws of Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

11.2 We make no representations that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

12. Contact

If you have any queries regarding these Terms and Conditions, please contact InMode by email at info@inmode.com.au