Terms of Use

Hello friend and Violet user,

Welcome to Violet. Here is the fine print about the terms that govern your use of our websites, Platform and Services. Apologies in advance for all the legal jargon. We’ve tried to simplify it as much as we can but there are several things we need to explain in detail:

The websites found at http://www.violet.org.au and http://www.meetviolet.ai (the "Platform"), including the Violet Companion chat service, the Violet Plan, the Violet Guided support program, and any other Services (collectively the “Services”) provided over the Platform and via telephone, are owned and operated by The Violet Initiative Ltd ACN 143 224 293 and Violet Social Enterprise Pty Ltd ACN 669 153 539 ("Violet"). Any reference to "we," "us," and "our" in these Terms and Conditions, including the Privacy Policy (collectively the “Terms”) refers to Violet. "You" or "User(s)" means the individual, natural person(s) accessing, using or registering on the Platform in accordance with these Terms.

1. Acceptance of Terms

Please read these Terms carefully before using this Platform and Services as they govern your relationship with Violet. By entering the Platform, engaging in a conversation with the virtual assistant (“Violet Companion”), accessing any of our articles, podcasts, videos or other content (the “Resources”), booking to speak with a Violet Guide, or registering for an account (“User Account”), you acknowledge that you have read and understood the following Terms of Use and our Privacy Policy (the “Privacy Policy”), (collectively, the “Terms”).

You agree to be bound by the Terms, to comply with all applicable laws and regulations regarding your use of the Platform and Services, and you acknowledge that these Terms constitute a binding and enforceable legal contract between Violet and you. If you do not agree to these Terms, please do not enter or use the Platform or Services.

These Terms apply whenever you access the Platform, utilise the Services or engage with the Resources, regardless of how (via tablets, smartphones, mobile phones, or through a web browser) or whether the device is yours or belongs to someone else.

We recognise that you may need help from carers or family members (“Carer”) to use the Platform and Services, and to collaborate with you to provide information about the plan for your last stage of life. And we recognise that “you” may also be the primary user of the Platform and Services, but doing so in your capacity as a Carer of someone else who needs your support or may be unable to access Violet themselves. If you access the Platform or Services on behalf of someone else as a Carer, “you” in your individual capacity will be taken to have represented to us that you have authority to act on that individual’s behalf and these Terms will be binding both on you and that third party.

Violet is available only to individuals who:

are at least eighteen (18) years old; and
possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law.

Therefore, you hereby represent and warrant that you are of legal age in your jurisdiction to form a binding contract and that you possess the legal authority and capacity to enter into these Terms, to use the Platform and Services in accordance with these Terms, and to fully perform your obligations hereunder.

Violet does not knowingly collect, either online or offline, personal information from a minor. In order to use or access the Platform and Services, you must be at least 18 years old.

We may revise these Terms from time to time by updating this web page without prior notice to you. Consequently, you must regularly check these Terms for changes. Your continued use of the Platform following any changes indicates your acceptance of the revised Terms.

2. Overview and Services

Violet is a virtual care Platform for the last stage of life. Helping people to talk about, plan for and manage the last stage of life properly, so it’s the best experience it can be for everyone involved. We provide some free online services for unregistered users to chat with a Violet Companion, to access Resources about this experience and the ability to speak with a Violet Guide over the phone for up to three, 45 minute sessions. For registered users we provide a premium logged-in experience that takes them through a personalised dashboard, offers additional planning tools and Resources, checklists, and provides a comprehensive plan (“Violet Plan”) covering all aspects of the experience, including access to a directory of service providers, both on and off the Platform.

Violet Companion is a unique digital human powered by third-party artificial intelligence (currently via OpenAI’s API Platform using GPT4-o), and trained by Violet. She helps users understand, talk about, and act on all the considerations and tasks required. Our resources, parts of the Violet Plan and other information within the Platform can also be shared to assist Users in communicating with their family, key advisors and healthcare providers.

Violet Guides are a volunteer workforce of part-time, peer-to-peer support staff, all of whom have personal experience of caring for someone else through the last stage of life. Violet Guides are recruited, trained, managed and supervised by The Violet Initiative Ltd and provided as a service via contract with Violet Social Enterprise Pty Ltd.

Currently there is no fee payable for the use of the Platform or Services by Users in accordance with these Terms.

We may commence charging fees, or charge fees for specific services, with 30 days’ notice to you. Unless expressly stated, all fees payable under these Terms are exclusive of GST.

3. IMPORTANT WARNING AND DISCLAIMER

USE OF THE PLATFORM, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE PLATFORM OR VIA A VIOLET GUIDE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. THE PLATFORM AND SERVICE DOES NOT PROVIDE LEGAL, MEDICAL, OR FINANCIAL ADVICE AND IS INTENDED FOR INFORMATION AND PLANNING PURPOSES ONLY. YOU MUST SEEK PROFESSIONAL ADVICE IN RELATION TO YOUR END-OF-LIFE PLANS, YOUR MEDICAL CONDITION, AND YOUR FINANCIAL, TAX OR LEGAL SITUATION.

THE PLATFORM AND SERVICE IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE PLATFORM OR SERVICE.

SIMILARLY, VIOLET IS NOT A CRISIS SERVICE. IF YOU ARE SUFFERING FROM ACUTE ANXIETY, DEPRESSION, OR YOU FEEL SUICIDAL, CONTACT LIFELINE OR BEYOND BLUE IMMEDIATELY. IN AN EMERGENCY, CALL YOUR GP OR TRIPLE ZERO (000) IMMEDIATELY AND ASK FOR AN AMBULANCE. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE SERVICE FOR IMMEDIATE, URGENT MEDICAL NEEDS

You agree that you will not rely on the use of the Platform, Service or information received through the Platform or Service as professional advice and you must verify all information in consultation with appropriate professionals. Always consult with a qualified professional if you have any questions regarding legal, medical, or financial issues related to decisions about the last stage of life.

To the extent permitted by law, Violet expressly disclaims and excludes all liability for any loss, damage, cost, or expense suffered or incurred by you or any other party arising in connection with your reliance on the Platform, Services, or information generated through the Platform or Services as professional advice.

4. Bookings, Registrations and User Account

We will provide you with the ability to book a call with a Violet Guide, and separately to create a User Account with your own username and password to access the Platform and Services (“User Account”). Unless authorised by us, you must not share or transfer your User Account with or to any other person. You are responsible for maintaining the confidentiality of your User Account including your username and password.

You are solely responsible for the consequences of any use of your User Account and password, including by third parties regardless of whether that use is authorised or permissible. You must notify us if you become concerned that unauthorised access has been made to your User Account and you must take all appropriate steps to mitigate any harm unauthorised access may cause.

To enable your booking or registration, you will be requested to provide such information that we may reasonably require, including personal information such as name, email address, phone number, whether you are registering for yourself, or as the Carer of someone else or as someone who has been recently bereaved. If you are registering as the Carer of someone else then we will ask their relationship to you and preferred name (Credentials).

In registering a User Account you agree that:

you are not impersonating any person or entity;
you are not violating any applicable state or federal law regarding use of personal information;
you are not a person under the age of 18 years and are not prohibited from using the Platform;
you will provide on demand from Violet, verification of your identity and Credentials in such form as required by Violet;
if you are the Carer of someone else, you will provide on demand from Violet, verification of your authorisation to act as Power of Attorney or other such document, on behalf of that person; and
any other information you provide to Violet (including information in the profile section of your User Account, or the Vault section of your plan) is and shall remain accurate, true and correct, and that you will update this information held by Violet to reflect any changes as soon as possible.

We may, from time to time, use any of your Credentials to make our own enquiries (either by us or a third party engaged by us) as to the completeness, accuracy or truthfulness of your Credentials and the information you have provided to us.

If you do not provide sufficient evidence within the time requested, we may suspend or cancel your User Account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person’s identity we may, without notice to you, disclose that information to any relevant persons or authorities.

Carers

A Carer may register a User Account using your Credentials. By allowing your Carer to use your Credentials or User Account, you represent that he or she is authorised by you and that you assume all responsibility for his or her actions on the Platform as if those actions were your own.

Conversely, as outlined above, a Carer may register a User Account on behalf of someone else with the express permission of that person, via Power of Attorney or other authority.

We may, at our sole discretion and without notice to you:

access your account solely for the purpose of providing support and maintenance services; and
suspend or terminate your account and/or refuse any or all use of the Platform or Services (including but not limited to where you are in breach of these Terms or any applicable laws or where Violet or its business may be adversely affected or harmed as a result of your Uploaded Content and Data or your continued use of the Platform and the Services).

If you wish to cancel and remove your Account, please use the applicable functionality within the Platform or send us an email of your request to: info@violet.org.au. Your Account will terminate within a reasonable time period following your request, and from that date of termination you will no longer be able to access your Account.

Cancelling your account may cause the loss of certain Uploaded Content and Data you provided to us (including documents you uploaded as part of your use of the Vault service) and/or the capacity of your account. You agree that Violet is not liable for any loss of data due to the termination or cancelation of your Account.

5. Communication from Violet

Consent. As part of using the Platform and Services you consent to receive essential emails, notifications, text messages and calls from Violet. These messages will be sent to the email address and/or telephone number provided during your registration. Message and notification frequency varies based on your use of the Services and interaction with Violet. Message and data rates may apply. You agree that Violet and any third-party provider of text messaging services are not liable to you for violations of the Australian Privacy Act 1998 and the Spam Act 2003.

Violet Opt-Out and Assistance. To opt-out of any future emails or text messages, click ‘unsubscribe’ or reply “STOP” to stop receiving text messages from Violet. For further assistance, reply to any message from us with the word “HELP” or email us at info@violet.org.au. You may receive an additional message confirming your decision to opt out. To opt-out of future calls, ask the prerecorded message or live agent to be added to the Do Not Call list. You understand and agree that the foregoing options are the only reasonable methods of opting out.

Update Mobile Telephone Number. You agree to provide Violet with a valid mobile number. You agree to promptly update your mobile telephone number upon any change or deactivation of your telephone number and to opt-out of receiving text message communications using your previous phone number before changing your telephone number applicable to the services. To the extent permitted by applicable law, you agree that Violet will not be liable for failed, delayed, or misdirected delivery of any information sent through the text message program, any errors in such information, and/or any action you may or may not take in reliance on the information or service.

6. Licence to use the Platform

Subject to your compliance with these Terms, we grant to you, for the Term, a non-exclusive, non-transferable conditional licence to use the Platform and Services, for the sole purposes of obtaining the benefit of the Services, subject to these Terms.

In consideration for the granting of the licence under these Terms, you must not:

Commercially exploit or make available to any third party the Platform or our Services in any way.
Use the Platform or the Services for any purposes other than the purposes for which it was designed.
Use the Platform or the Services in any way which violates the rights of a third party or infringes any other party’s intellectual property rights or for any inappropriate illegal or unlawful purpose.
Interfere with or disrupt the integrity or performance of Violet, the Platform or the Services.
Do any act or thing whatsoever which may injure, impair or reduce or be likely to injure, impair or reduce the business, goodwill or reputation of Violet or its public standing or any of its customers.
Approach directly or indirectly any of our employees to influence him or her to cease employment with us or otherwise entice him or her away from us.
The conditions upon which the above licence is granted are material terms of the Terms and shall survive for a period of three years after termination of these Terms.

All rights not expressly granted by us to you in these Terms are reserved by us and our licensors. We reserve the right to, at any time, and without prior notice, disable or remove your User Account and/or access to the Platform or the Services in the event of any breach or suspected breach of this clause 6.

7. Uploaded Content and Data

To obtain the full benefit of the Services as a Registered User you will need to upload information and input data to the Platform including but not limited to your Credentials, personal information, data, text, audio, graphics, images, photographs, documents or materials posted or uploaded to the Platform by you, or on your behalf (“Uploaded Content and Data”).

You warrant and represent to us that all Uploaded Content and Data:

is and shall remain accurate, true and correct and that you will update this information as soon as possible;
is compliant with all applicable laws and licensing requirements and you have obtained any necessary consents in relation to that information;
does not contain any defamatory content or other illegal material;
does not infringe on the intellectual property of another person;
is not false, misleading, deceptive or materially inaccurate in any way; and
does not contain any links to external websites unless Violet has given its prior written consent.

You agree that, where requested by you, your Uploaded Content and Data may be shared with health practitioners, service providers, key advisors and family members nominated by you by way of report or summary. Further information as to how we collect, handle, use and disclose your personal information may be found in our Privacy Policy.

You are responsible for all your Uploaded Content and Data. Subject to the requirements of any applicable legislation and to the extent permitted by law, Violet shall not have, and expressly disclaims, any liability in connection with any Uploaded Content and Data.

You agree to indemnify us and keep us indemnified, from and against any claims, loss, costs, action, liability or damages arising from or incurred in connection with your Uploaded Content and Data, including any claim, loss, damages or liability that may be made against us that any Uploaded Content and Data provided to us by you in accordance with these Terms infringes the intellectual property rights or moral rights of any third party or any law. We will not have any liability in connection with your failure to update or provide accurate Uploaded Content and Data or the deletion, loss, or unauthorised modification of any of your Uploaded Content and Data caused or contributed to by you.

To the extent permitted by any applicable laws, you acknowledge and agree that Violet may use, retain, disclose or distribute to any person for any purpose including commercial purposes Uploaded Content and Data which has been de-identified. This clause survives termination of these Terms.

Records of Uploaded Content and Data:

For the duration of these Terms, you may download, retain or permanently delete a copy of your Uploaded Content and Data by contacting info@violet.org.au. While we store data that you save including Uploaded Content and Data, to the extent permitted by law we make no representation or warranty that it is accurate or complete and from time to time we may be required to purge data in order to maintain the Platform and Services.

On termination or expiry of these Terms, Violet will retain records of your Uploaded Content and Data for at least the duration required by all applicable laws. You may access or download a copy of your Uploaded Content and Data by contacting info@violet.org.au

8. Intellectual Property

As between you and Violet, Violet or its licensors owns all applicable rights, title and interest in and to all intellectual property rights embodied in or associated with its software, applications, the Platform, all information uploaded to or stored on the Platform by us and the Services it provides (including but not limited to any images, photographs, animations, video, audio, music, text and applets incorporated into the Platform, any accompanying documentation and printed materials), subject to this clause 7. Any Intellectual Property Rights created during the course of the Services as a result of your Uploaded Content and Data or your use of the Services or Platform shall vest in and remain the property of the Violet.

You grant Violet an unlimited, irrevocable, royalty free, non-exclusive licence to use the Created IP and any Uploaded Content and Data uploaded to or stored on the Platform for the sole purpose of providing the Services to you. Such licence shall terminate upon termination or expiry of these Terms, and may otherwise be terminated by Violet at any time at Violet’s absolute discretion. Violet does not grant you any right, title or interest in or to the Services or Platform, other than as set out in these Terms.

The URLs representing the Platform, “Violet”, trademarks and all related logos of our products and Services described on our Platform are either subject to copyright, trademark or existing registered trademark ownership by Violet (or Violet’s licensors) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Violet.

For the purposes of these Terms, Intellectual Property Rights in respect of a party, means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secrets and all other intellectual property rights or derivatives thereof.

9. Prohibited use

Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing Violet’s public pages. You may not provide unauthorised interfaces to the Platform or Services.

Notwithstanding anything to the contrary in these Terms, you must not do any of the following without our prior express written permission:

attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Platform or Services;
take any action that imposes an unreasonable or disproportionately large load on Violet’s infrastructure, including spam, DDOS, or other unsolicited mass e-mailing techniques;
use the Platform for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
harvest or download in bulk Platform data (including by way of web scraping, web harvesting, or web data extraction) other than as explicitly permitted by us in writing;
use the Platform or Services in a way that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
publish advertising material of any kind or market any goods or services directly to other users in breach of the Spam Act 2003, Privacy Act 1988 or any other statute, code of practice or guideline;
introduce any virus, worm, Trojan horse, malicious code or other program which may damage our, or any user’s, computers, computer software, or other computer equipment; and
provide to any persons who are not authorised users of the Platform, any part of the information included in the Services or the Platform, except as permitted in these Terms.

10. Third party content and links

The Platform may display, include or make available third-party content (including data, information, applications and other products and/or services) or provide links to third-party websites.

You acknowledge and agree that Violet shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Violet does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

For the purposes of these Terms, Third-Party Services means any services or content (including data, information, applications and other products and/or services) provided by a third-party that may be displayed on the Platform.

11. Term and Termination

These Terms will continue to apply for so long as your User Account is open or you access the Platform or use the Services, unless terminated earlier in accordance with these Terms.

Termination by us

We may terminate these Terms upon any breach of these Terms by you, by giving you written notice of the relevant breach, if the breach has not been remedied within 14 days of such notice. For substantial breaches (namely breaches of clauses 3, 4, 6, 7, 8 and 9) of these Terms or for persistent and repeated minor breaches), we may terminate these Terms immediately on notice to you.

Termination by you

You may terminate these Terms by ceasing to use the Platform at any time. You can access your personal data stored by Violet at any time, in accordance with our Privacy Policy.

Effect of termination

Immediately upon termination of these Terms, your licence to use and access the Platform and the Services will terminate.

12. Limitation of liability

You use the Platform and Services entirely at your own risk. However, we take care to provide a sound Platform, to keep any information secure and to maintain quality control of our Services.

To the extent permitted by law, we exclude all liability in respect of your use of the Platform and Services, including any express or implied warranties. To the extent that our liability cannot be excluded by law, the total aggregate liability of Violet (including any of its related entities) for damages (monetary or otherwise) arising in connection with these Terms for claims made by you or any other third party arising from the Platform or Services, is limited to A$100.

Despite anything else in these Terms and to the extent permitted by law, including the Australian Consumer Law, in no event shall Violet be liable for any indirect or consequential loss, damage or expense (including lost profits, penalties, loss of use of data, lost sales or business, lost data, lost contracts, goodwill, business interruption) or any other such loss incurred in connection with these Terms or your use of the Platform or Services.

Nothing in these Terms limits in any way Violet’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, including consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar applicable laws in the states and territories of Australia.

Our liability for failure to comply with consumer guarantees required by Part 3-2 of the Australian Consumer Law, is limited to, at our election, the supply of the Platform and Services again, or the payment of the cost of having the Services supplied again to you.

13. Indemnity

To the extent permitted by law, you agree to indemnify us, our related companies, officers, directors, employees and agents, from and against any claim, suit, loss, damage, liability, demand, action, expense or proceeding (including legal fees) that we may suffer or incur as a result of or in connection with:

any breach by you of these Terms;
any breach by you of applicable laws;
your improper use of or conduct in connection with, the Platform or the Services;
your reliance on the Platform, Services or information provided through the Platform as medical, financial or legal advice;
any Uploaded Content and Data you provide; or
any disputes between you and third parties in relation to your use of the Platform or Services.

14. Disclaimer of warranties

Violet, its related companies, officers, directors, employees, its licensors and its suppliers provide the Platform and Services “as is” and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. To the maximum extent permitted by law, Violet, its related companies, officers, directors, employees, its licensors and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee continuous, uninterrupted access to the Platform and related services, and operation of the Platform and our Services may be interfered with by numerous factors outside of our control. We may at any time and without notice, suspend or terminate the operation of the Website as necessary to perform maintenance, error correction or other reasons.

Violet specifically disclaims any warranty that any information or data provided through the Platform or Service is accurate, complete or correct, including through any Resource, Violet Guide, or element of your Violet Plan generated or used by you or shared with health practitioners, service providers, key advisors and family members nominated by you. You are responsible for verifying all information and data provided through the Platform and Services, and for identifying any omissions, errors or other faults in such information and data.

We will use our best endeavours to ensure that access to the Platform and Service will be free of viruses, malware or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate security processes, systems and procedures to protect yourself from the download of any virus, worms, trojan horses or other code that has contaminating or destructive qualities. We cannot guarantee or warrant that any file you download from the Platform or which we deliver to you will be free of malicious code.

These Terms do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

15. Privacy

We may collect, use and disclose your personal information for the purposes described in our Privacy Policy.

Your booking to speak with a Violet Guide, your registration, and your use of the Platform and Services is conditional upon you agreeing and complying with our Privacy Policy. If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these Terms and our Privacy Policy, you must not use the Platform and Services.

If you intend to upload any credentials, content, data, personal or sensitive information on this Platform that relates to someone else (including their name, email address or phone number), you must obtain their consent before doing so.

If you have any questions or concerns relating to Privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

16. Confidentiality

Each party shall keep confidential and not disclose to any other party or use, except as required by these Terms, non-public information obtained from the other party, and in the case of Violet, as required by applicable laws; provided, however, that neither party shall be prohibited from disclosing or using information:

that at the time of disclosure is publicly available or becomes publicly available through no act or omission of the party having a confidentiality obligation under this clause;
that is or has been disclosed to such party by a third party who is not under (and to whom such party does not owe) an obligation of confidentiality with respect thereto;
that is or has been independently acquired or developed by such party;
to the minimum extent use or disclosure is required by court order or as otherwise required by law, on condition that notice of such requirement by law for such disclosure is given to the other parties prior to making any such use or disclosure.

17. General

The following further terms apply in respect of these Terms:

Without limiting the other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide us. You will be treated as having received any email sent by us instantly.
We may assign or novate any of our rights or obligations under these Terms without your consent. You are not allowed to assign, novate, delegate or subcontract any of your rights and obligations under these Terms.
Clauses 6, 7, 8, 9, 12, 13, 14, 16 and 17 shall survive termination or expiry of these Terms.
Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.
A failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.
Unless otherwise specified, these Terms of Use will not be interpreted to confer any rights on any third parties.
These Terms constitute the entire agreement between the parties, with any and all other agreements or representations previously existing hereby replaced.
These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts to resolve any dispute arising from these Terms.

18. Interpretation

Unless it is inappropriate in the context, in these Terms:

the singular includes the plural and vice versa;
a reference to an individual or person includes a corporation, firm and government body and vice versa;
a reference to a party includes that party’s executors, administrators, substitutes, successors and permitted assigns;
any covenant, agreement or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;
the meaning of general words is not limited by specific examples introduced by ‘including’, ‘such as’, ‘for example’ or ‘even if’, or other similar expressions;
a reference to a document (including these Terms) includes the document as modified from time to time and any document replacing it;
a reference to one gender includes each gender; and
a provision of these Terms will not be construed adversely to a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in these Terms.

19. Feedback

If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our Platform or Services (“Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited licence to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with these Terms and any other applicable laws.

20. Dispute resolution and mediation

If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to this Agreement claiming a dispute (Dispute) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (Notice).
On receipt of the Notice by the other party, the parties to this Agreement (Parties) must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Violet and attend a mediation.
It is agreed that mediation will be held in New South Wales, Australia.
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as "without prejudice" negotiations.
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

21. Arbitration

In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be New South Wales. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause 7.6 clause 8.6 may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958

22. Geography

Violet is based in Australia. We make no claims that the Service or any of its content is accessible or appropriate outside of Australia. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.