Evaheld Legacy Vault Terms and Conditions

Effective date: 29 September 2026

These Terms and Conditions ("Terms") govern your access to and use of the Evaheld websites, applications, Evaheld Legacy Vault and related products, features and services operated by After I Go Pty Ltd trading as Evaheld (ABN 80 656 838 505) ("Evaheld", "we", "us" or "our").

Our principal website is evaheld.com.

By creating an account, activating or accepting a Vault, purchasing a plan, accepting a gifted Vault or otherwise accessing or using Evaheld's services ("Services"), you agree to these Terms.

These Terms should be read together with:

  • our Privacy Policy;
  • the plan, pricing and product information presented to you before purchase or activation;
  • any applicable promotional or gift terms; and
  • any additional terms expressly identified as applying to a particular feature or Service.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law and mandatory consumer laws applying in other jurisdictions.


1. About Evaheld

Evaheld provides digital tools designed to help individuals and families create, organise, preserve, manage and selectively share information relating to matters including:

  • personal stories, memories and family history;
  • photographs, videos and audio recordings;
  • letters, messages and future messages;
  • health and care information;
  • care preferences and Advance Care Directives;
  • emergency information;
  • wills and estate planning information;
  • financial and household information;
  • important documents and records;
  • passwords and digital account information;
  • contacts, advisers and Trusted Parties;
  • funeral and memorial wishes;
  • future-dated and posthumous delivery; and
  • other information a user chooses to preserve in their Legacy Vault.

Available functionality depends on the user's plan, jurisdiction and the version of the Service available to that user.

Evaheld is a technology platform.

Except where expressly stated otherwise, Evaheld is not a law firm, medical practitioner, financial adviser, trustee, executor, attorney, guardian, substitute decision-maker or emergency service.


2. Eligibility and accounts

You must be at least 18 years old, or have otherwise reached the age at which you may lawfully enter into the relevant contract in your jurisdiction, to independently purchase an Evaheld plan.

Where Evaheld permits a Vault to be established for a person under that age, it must be established or administered by a parent, guardian or another person with appropriate authority.

You agree to:

  • provide accurate account information;
  • keep your contact information reasonably current;
  • keep your login credentials secure;
  • protect access to your account; and
  • notify Evaheld promptly if you reasonably believe your account has been accessed without authority.

You must not impersonate another person or establish a Vault in another person's name without appropriate authority.

Each individual Vault is intended for the person for whom it is activated unless Evaheld expressly provides otherwise.


3. Evaheld plans

Evaheld may offer Free, Monthly Premium, Annual Premium, Premium Lifetime, Founding Family, additional Lifetime, gift, promotional or other plans.

The price, billing period, storage capacity, number of Vaults, features and other inclusions applying to your purchase are those disclosed before purchase or activation.

Promotional or introductory pricing may differ from prices subsequently offered to other customers.

A future change in the price offered to new customers does not retrospectively change the amount already paid for an existing Lifetime Vault.

Free Vault

The Free Vault includes:

  • up to 5 stored content items;
  • written content;
  • no Premium multimedia or uploaded-file storage;
  • unlimited eligible Rooms, recipients and Content Requests;
  • future-dated delivery of up to 12 months where available; and
  • other Free features displayed by Evaheld from time to time.

Premium video, audio, file-upload, Password Manager, Trusted Party and QR Emergency Card functionality is not included unless Evaheld expressly provides otherwise.

Once the Free Vault reaches its applicable content limit, the user may be required to remove an existing item or upgrade before creating another.

Monthly Premium

Monthly Premium includes:

  • 100 GB total active storage while the subscription remains active;
  • unlimited eligible written entries, photographs, videos, audio recordings and file uploads within that capacity;
  • Premium creation and editing;
  • scheduled future delivery;
  • 1 QR Emergency Card;
  • 1 Password Manager account;
  • 1 Trusted Party; and
  • unlimited eligible recipients, Rooms and Content Requests.

The 100 GB allowance is a live storage capacity. It does not reset or accumulate each month.

Annual Premium

Annual Premium includes:

  • 100 GB total active storage while the subscription remains active;
  • unlimited eligible written entries, photographs, videos, audio recordings and file uploads within that capacity;
  • Premium creation and editing;
  • scheduled future delivery;
  • 1 QR Emergency Card;
  • 1 Password Manager account;
  • 1 Trusted Party; and
  • unlimited eligible recipients, Rooms and Content Requests.

The 100 GB allowance is a live storage capacity. It does not reset or accumulate each year.

Premium Lifetime

A Premium Lifetime Vault includes:

  • 50 GB total Lifetime storage;
  • unlimited eligible written entries, photographs, videos, audio recordings and file uploads within that capacity;
  • Premium creation and editing;
  • eligible future-dated and posthumous delivery;
  • 1 QR Emergency Card;
  • 1 Password Manager account;
  • 1 Trusted Party; and
  • unlimited eligible recipients, Rooms and Content Requests.

The 50 GB allowance is a total Lifetime storage allocation. It does not reset or accumulate annually.

A Premium Lifetime Vault is purchased through a one-off payment. No recurring subscription fee is required for the storage capacity and Premium Lifetime functionality included in that purchase.

Founding Family Pair

A Founding Family Pair includes:

  • two Premium Lifetime Vaults;
  • 100 GB combined Lifetime storage, ordinarily 50 GB per Vault;
  • unlimited eligible content items within the available storage capacity;
  • 2 QR Emergency Cards;
  • 2 Password Manager accounts;
  • 2 Trusted Parties; and
  • unlimited eligible recipients, Rooms and Content Requests.

There are no recurring subscription fees for the included Lifetime entitlements.


4. What "unlimited" means

Where Evaheld describes content, videos, audio, written content, photographs, files, uploads or creation as unlimited, this means that Evaheld does not impose a predetermined numerical limit on the number of eligible content items that may be created or uploaded.

It does not mean unlimited data-storage capacity.

All stored content remains subject to the total storage capacity included with the applicable plan.

For example, a Lifetime user may store any number of eligible videos, audio recordings, photographs, written entries and uploaded files provided that their combined storage usage remains within the applicable 50 GB storage capacity.

Unlimited Rooms, recipients and Content Requests remain subject to lawful and genuine use and reasonable technical and security controls.


5. Storage, pooling and acceptable use

Storage usage may include photographs, videos, audio recordings, documents, PDFs, uploads, attachments and other digital content. Written content and associated system information may also consume a small amount of storage.

When a Vault reaches its applicable storage capacity, Evaheld may prevent additional storage-consuming content from being created or uploaded until sufficient capacity becomes available.

Reaching the storage limit does not, by itself, permit Evaheld to delete otherwise valid existing content.

Where Evaheld supports storage pooling, eligible linked Lifetime Vaults may combine their purchased storage allocations.

For example, two eligible linked 50 GB Lifetime Vaults may use a combined 100 GB pool.

Pooling:

  • does not increase the total amount of storage purchased;
  • may allow one linked Vault to use more than 50 GB if sufficient pooled storage remains; and
  • does not give one Vault owner access to another Vault owner's private content.

Evaheld may require account linking, consent, authentication or ownership verification before enabling pooling.

Evaheld storage is intended for genuine personal, family, legacy, care, emergency, estate, household, financial and related Vault purposes.

You must not primarily use Evaheld as:

  • a general-purpose cloud drive;
  • a business or server backup system;
  • a commercial media repository;
  • a content delivery network;
  • hosting infrastructure for another service;
  • an automated bulk-data repository; or
  • storage for substantial quantities of unrelated third-party data.

Legitimate use of all or substantially all of your purchased storage capacity does not itself constitute excessive or abusive use.

Evaheld may apply reasonable technical requirements relating to individual file sizes, supported file types, upload rates, media processing, malware scanning and automated uploads where reasonably necessary to operate and secure the Service.

Such controls will not be used merely to defeat a storage entitlement already purchased.


6. Your content and intellectual property

"User Content" means information, text, photographs, images, audio, video, documents, files and other material entered, created, recorded, uploaded or stored by or for a user through Evaheld.

As between you and Evaheld, you retain ownership of your User Content and any intellectual property rights you hold in it.

Uploading content to Evaheld does not transfer ownership of that content to Evaheld.

You grant Evaheld a non-exclusive, worldwide licence to host, store, copy, process, reproduce, format, encrypt, back up, transmit and otherwise technically handle User Content only to the extent reasonably necessary to:

  • provide the Service;
  • carry out actions requested by you;
  • store and protect User Content;
  • enable authorised sharing;
  • perform scheduled and posthumous delivery;
  • maintain backup and disaster-recovery systems;
  • provide support;
  • investigate security issues;
  • comply with applicable law; and
  • perform Evaheld's contractual obligations.

This licence does not give Evaheld ownership of your User Content.


7. Content involving other people and prohibited use

A Vault may contain information concerning people other than the Vault owner.

You are responsible for ensuring that you have any permission, authority or legal basis required to upload, store or share information about another person.

Particular care should be taken with sensitive information such as health information, identity documents, financial information, confidential records, passwords and information concerning children or vulnerable people.

You must not knowingly use Evaheld to:

  • engage in unlawful conduct;
  • infringe another person's intellectual property or privacy rights;
  • impersonate another person;
  • upload malicious software or code;
  • gain unauthorised access to another account or Vault;
  • interfere materially with the Service;
  • facilitate fraud or serious unlawful conduct;
  • upload material you have no lawful right to possess or distribute;
  • exploit or endanger children or vulnerable people; or
  • create a serious security or legal risk.

Evaheld may restrict or remove particular content where reasonably necessary to comply with law, address a serious security risk, protect another person or enforce these Terms.

Where reasonably practicable and lawful, we will notify the affected user.


8. Rooms, recipients and Trusted Parties

Evaheld may allow users to establish Rooms, nominate recipients, invite other people, request information, nominate contacts and selectively share User Content.

You are responsible for selecting recipients and reviewing your sharing permissions.

Once information has been lawfully delivered to or downloaded by another person, Evaheld may no longer be able to control that person's subsequent use, copying or disclosure of it.

A Trusted Party or similar nomination inside Evaheld does not, by itself, legally appoint a person as an attorney, guardian, executor, trustee, medical decision-maker or other legally recognised representative.

Where a formal legal appointment is required, an appropriate legal instrument must also be validly completed.


9. Scheduled and posthumous delivery

Eligible plans may allow content to be scheduled for delivery at a future date or after the Vault owner's death.

You are responsible for:

  • selecting the intended delivery timing;
  • providing accurate recipient information;
  • keeping recipient information reasonably current;
  • ensuring that the proposed delivery is lawful; and
  • selecting appropriate content.

Evaheld will exercise the level of care and skill required by applicable law in providing delivery functionality.

Delivery may nevertheless be affected by circumstances including incorrect or outdated contact information, inactive addresses, spam filtering, recipient security settings, telecommunications failures, third-party service failures, legal restrictions or matters outside Evaheld's reasonable control.

Monthly and Annual scheduled deliveries

Scheduled delivery functionality included with a Monthly or Annual subscription requires an eligible paid subscription to remain active at the applicable delivery time unless Evaheld expressly states otherwise.

If the subscription expires:

  • pending Premium scheduled deliveries may be suspended;
  • delivery after expiry is not guaranteed;
  • the associated content enters the applicable 12-week Recovery Mode; and
  • that content may be deleted when Recovery Mode expires.

Lifetime and posthumous delivery

Eligible Lifetime functionality may permit content to be delivered after death.

Evaheld may reasonably require evidence concerning death, identity, recipient identity, Trusted Party identity, legal authority or another relevant circumstance before triggering posthumous functionality or granting another person access.

Evaheld may temporarily pause delivery where there is a credible dispute concerning death, authority, recipient identity, conflicting instructions or another matter affecting lawful delivery.

A person does not acquire access to private Vault information merely by claiming to be a relative, executor or beneficiary.

30-year delivery horizon

Eligible Lifetime content may be scheduled for delivery on a date up to 30 years from the date the applicable delivery instruction is created or last validly updated.

The 30-year period is the maximum supported future-delivery horizon. It does not mean every content item will necessarily be stored for 30 years.

Evaheld is not required to retain an undelivered item beyond the applicable maximum delivery horizon.

Where reasonably practicable and valid contact information remains available, Evaheld will use reasonable efforts to provide notice before an undelivered item reaches the end of that horizon.

Successful delivery and deletion

For retention purposes, content is considered successfully delivered when Evaheld's systems successfully complete the applicable delivery process using the recipient information and delivery method selected by the Vault owner.

Successful delivery does not necessarily mean the recipient has personally opened, read, watched or listened to the content.

After an eligible Lifetime content item has been successfully delivered, a 12-week post-delivery retention period begins for that item.

At the end of that period, Evaheld will remove the item from active storage unless longer retention is required by law, a genuine dispute is being investigated or another lawful retention requirement applies.

Each delivered item has its own 12-week period.


10. Monthly and Annual subscriptions

Monthly and Annual subscriptions automatically renew for successive billing periods until cancelled.

Before purchase, Evaheld will disclose the recurring price, billing frequency and applicable cancellation arrangements.

You authorise the recurring payment disclosed at checkout, subject to any additional requirements applying in your jurisdiction.

You may cancel through the available billing or account controls or by contacting Evaheld.

Cancellation ordinarily prevents the next renewal.

Unless otherwise stated or required by law, Premium functionality remains available until the end of the billing period already paid for.

The 12-week Recovery Mode does not begin merely because the user presses "Cancel". It begins when the paid Premium subscription actually expires.

Where required by applicable law, Evaheld will provide applicable renewal reminders or other notices.


11. Recovery Mode after a subscription ends

When a Monthly or Annual subscription expires, the account enters a 12-week Recovery Mode.

During Recovery Mode:

  • Premium creation and editing are disabled;
  • new Premium uploads are disabled;
  • additional Premium storage cannot be consumed;
  • eligible existing content may be accessed for retrieval;
  • eligible files may be downloaded;
  • pending Premium scheduled deliveries may be suspended; and
  • the account may otherwise operate in a restricted state.

Where Evaheld has valid contact information, Evaheld will use reasonable efforts to send at least one reminder before Recovery Mode expires.

Unless an eligible Premium plan is reactivated before the end of Recovery Mode, content outside the Free-plan entitlement may then be deleted or permanently rendered inaccessible.

This may include:

  • videos;
  • audio recordings;
  • photographs;
  • uploaded files and documents;
  • Premium-only content;
  • written content exceeding the Free-plan limit; and
  • content attached to suspended Premium delivery instructions.

The underlying account may continue as a Free Vault subject to the then-current Free-plan limits.

Once content has been permanently removed, it may not be recoverable.


12. Failed subscription payments

If a recurring subscription payment fails or is declined, Evaheld may:

  • retry the payment where permitted;
  • notify the account holder;
  • request another payment method; or
  • temporarily restrict new Premium activity.

Evaheld will not permanently delete Premium content immediately because a payment attempt fails.

If the subscription ultimately expires because payment is not successfully made, the normal 12-week Recovery Mode begins.


13. Data deletion and backups

Deletion from active systems does not necessarily result in instantaneous erasure from every protected system or disaster-recovery backup.

Residual copies may remain temporarily in protected backups until they are deleted, overwritten, placed beyond use or de-identified through Evaheld's documented backup-retention processes.

Evaheld will take reasonable steps to destroy or de-identify personal information it no longer lawfully requires, including copies held in backups where required by applicable privacy law.

Backups will not be used to continue ordinary customer access to User Content that has already been permanently removed from active storage.


14. Free-account inactivity

A Free Vault may remain active indefinitely while it continues to be used.

Where a Free Vault has experienced no meaningful account activity for more than 2 years, Evaheld may classify it as inactive or abandoned.

Before permanently deleting an inactive Free Vault, Evaheld will use reasonable efforts to:

  • notify the user using available registered contact information;
  • explain that deletion is proposed; and
  • provide a reasonable opportunity to reactivate the account.

If the account is reactivated within the stated notice period, it will not be deleted merely because of its previous inactivity.


15. Lifetime commitment

"Lifetime", "Lifetime Vault" or "Lifetime Access" means access to the purchased Premium Lifetime Vault for the lifetime of the individual Vault owner, together with applicable future and posthumous functionality described in these Terms.

For a gifted Lifetime Vault, the relevant lifetime is ordinarily the lifetime of the person for whom the Vault is activated rather than the purchaser.

A Lifetime entitlement does not mean that a company, server, software provider or technology can be guaranteed to exist literally forever.

Evaheld will not:

  • convert an existing Lifetime Vault into a recurring subscription merely because time has passed;
  • impose a recurring storage fee for storage already included in a purchased Lifetime entitlement; or
  • terminate a valid Lifetime Vault merely because providing the purchased entitlement has become less commercially profitable.

Evaheld may separately offer optional additional storage, features or products.

If Evaheld permanently discontinues the Legacy Vault service, section 25 applies.


16. Password Manager, QR Emergency Card and sensitive information

Eligible plans may include Password Manager and QR Emergency Card functionality.

You are responsible for deciding what sensitive information to store, selecting authorised recipients and keeping your Evaheld credentials secure.

Evaheld's Password Manager does not make Evaheld responsible for the security practices of unrelated third-party websites or services.

The QR Emergency Card is designed to provide access to information selected by the Vault owner. It is not an emergency service and does not replace contacting emergency services.

You are responsible for keeping emergency information reasonably current.

Evaheld does not guarantee that every healthcare provider, emergency responder or other third party will use or recognise the QR functionality.


17. Health, care, estate and financial information

Evaheld may allow users to create, organise or store health information, medications, care preferences, Advance Care Directives, estate information, wills, powers of attorney, guardianship information, financial information and related records.

Evaheld is a technology platform.

Unless expressly stated otherwise in relation to a separately supplied professional service:

  • Evaheld does not provide medical advice;
  • Evaheld does not provide personalised legal advice;
  • Evaheld does not provide financial, taxation or investment advice; and
  • information or tools provided through Evaheld are not guaranteed to constitute a legally valid document in every jurisdiction.

Legal, medical and execution requirements vary between jurisdictions.

Users should obtain appropriate professional advice where necessary.


18. Charli and AI-assisted features

Evaheld may provide AI-assisted functionality, including Charli, to help users navigate the Service, identify relevant tasks, organise information, answer prompts, discover functionality or generate suggestions.

AI-generated information may be incomplete, inaccurate or unsuitable for a user's particular circumstances.

Users should independently review important information before relying on it.

AI-assisted functionality is not a substitute for qualified legal, medical, financial or other professional advice.


19. Prices, payments, tax and currency

Prices will be displayed before purchase.

Unless expressly stated otherwise, prices displayed to Australian consumers include GST where applicable.

For customers outside Australia, applicable taxes or similar charges may be calculated or disclosed at checkout where required.

International users may be shown estimated local-currency pricing.

Where the actual billing currency differs from an estimated display currency, the billing currency will be disclosed before payment.

Banks, card issuers or payment providers may separately impose foreign-exchange or international transaction fees.

Evaheld may use third-party payment processors.

By submitting payment information, you authorise the applicable processor to process the amount and, for subscriptions, recurring charges disclosed before purchase.


20. Lifetime 60-day money-back guarantee

Where a Premium Lifetime or eligible Lifetime family purchase is advertised as including Evaheld's 60-day money-back guarantee, the purchaser may request cancellation within 60 calendar days after the original purchase date.

If a valid request is made within that period, Evaheld will refund the eligible purchase price.

Following a refund:

  • the refunded Lifetime entitlement ends;
  • the relevant Vault may revert to the available Free plan; and
  • content outside the Free entitlement may enter a 12-week Recovery Mode so that eligible content can be retrieved before deletion.

The 60-day guarantee is additional to, and does not replace or limit, rights available under applicable consumer law.

Evaheld may take reasonable steps to verify the purchase and prevent fraudulent or duplicate claims.


21. Consumer rights and international users

Evaheld is operated from Australia and may provide Services to users in multiple countries.

Nothing in these Terms excludes, restricts or overrides a mandatory consumer right that applies to you and cannot lawfully be excluded by contract.

Australia

Where the Australian Consumer Law applies, Evaheld's goods and services come with guarantees that cannot be excluded.

Nothing in these Terms limits any non-excludable right or remedy, including rights relating to due care and skill, fitness for an applicable disclosed purpose, refunds, replacement, repeat performance or compensation where available.

European Union and European Economic Area

If you are a consumer resident in the European Union or European Economic Area, you retain mandatory rights available under applicable EU and national consumer law, including applicable rights concerning:

  • pre-contract information;
  • digital content and digital services;
  • conformity;
  • remedies;
  • modifications;
  • termination;
  • refunds; and
  • withdrawal from qualifying distance contracts.

Where applicable law gives you a withdrawal or cooling-off right, that right applies despite anything more restrictive in these Terms.

Where you ask Evaheld to begin supplying a Service during a statutory withdrawal period, Evaheld may obtain any express request, consent or acknowledgement required by applicable law.

United Kingdom

UK consumers retain all mandatory rights available under applicable UK consumer law, including applicable rights relating to digital services, subscriptions, cancellation, cooling-off periods, conformity and remedies.

United States

US users retain applicable rights under federal and state consumer-protection, privacy, subscription and automatic-renewal laws.

Where required, Evaheld will provide applicable recurring-payment disclosures, renewal notices and cancellation mechanisms.

Other jurisdictions

If mandatory laws in your place of residence provide rights that cannot lawfully be excluded, those rights continue to apply.

Where these Terms conflict with such a mandatory law, that law prevails to the extent of the conflict.


22. Privacy and security

Evaheld's collection, use, storage, disclosure, international transfer, security, retention and deletion of personal information is governed by our Privacy Policy and applicable privacy law.

Depending on applicable law, users may have rights concerning access, correction, deletion, restriction, portability, objection, consent and other privacy matters.

Evaheld will take reasonable technical and organisational steps appropriate to the circumstances to protect personal information it holds from misuse, interference, loss, unauthorised access, modification and disclosure.

No internet-connected system can guarantee absolute security.

Users are also responsible for taking reasonable steps to protect their credentials, devices and authorised access arrangements.


23. Service availability and changes

Evaheld may undertake reasonable maintenance, security work, updates, accessibility improvements and technical changes.

Temporary interruption may occur because of maintenance, infrastructure incidents, cybersecurity events, telecommunications failures, third-party interruptions or circumstances outside Evaheld's reasonable control.

Evaheld does not promise uninterrupted or error-free availability at every moment.

Evaheld may make reasonable changes to functionality where required to:

  • improve the Service;
  • maintain security;
  • comply with law;
  • address technical risks;
  • improve accessibility;
  • replace obsolete technology; or
  • maintain compatibility with supporting infrastructure.

Evaheld will not use this right merely to remove the core substance of an existing paid entitlement without legitimate reason.

Where a material change would adversely affect an existing paid user's core entitlement, Evaheld will provide reasonable advance notice where practicable and any remedy required by applicable law.

Storage already included with an existing Lifetime purchase will not be retrospectively reduced merely because Evaheld later changes the storage offered to new customers.


24. Suspension and termination

Evaheld may temporarily suspend or restrict an account where reasonably necessary because of:

  • serious or repeated breach of these Terms;
  • suspected fraud;
  • unauthorised access;
  • unlawful activity;
  • a material security risk;
  • material abuse of infrastructure;
  • non-payment of a properly due subscription charge; or
  • a legal or regulatory requirement.

Where reasonably practicable, Evaheld will provide notice and a reasonable opportunity to address the issue before imposing a material restriction.

Immediate action may be taken where reasonably necessary to prevent serious harm, security compromise or unlawful activity.

Evaheld may terminate an account for a serious or repeated material breach where termination is reasonably proportionate to that breach.

Except where immediate termination is reasonably necessary, Evaheld will ordinarily provide notice and a reasonable opportunity to remedy a remediable breach.

Evaheld will not terminate a valid Lifetime Vault merely because maintaining that account has become less commercially attractive.


25. Permanent discontinuation of Evaheld

No online service can guarantee that a particular business or technical platform will operate indefinitely.

If Evaheld permanently discontinues the Legacy Vault service, Evaheld will, where reasonably practicable and legally permitted:

  • provide affected users with reasonable advance notice;
  • provide a reasonable opportunity to retrieve or export available User Content;
  • explain how outstanding future and posthumous delivery instructions will be handled;
  • take reasonable steps to preserve or migrate outstanding delivery instructions where practicable;
  • provide information about any successor service or migration arrangement; and
  • provide any remedy required by applicable consumer law.

Nothing in this section excludes a right or remedy arising under mandatory law.

If responsibility for the Legacy Vault is lawfully transferred as part of a merger, restructure or sale of the business, relevant contractual rights and obligations may also be transferred where permitted by law.

Any successor receiving active customer contracts must assume the corresponding obligations to the extent required by those contracts and applicable law.


26. Liability

Nothing in these Terms excludes, restricts or modifies liability that cannot lawfully be excluded.

Subject to non-excludable rights, Evaheld is not responsible for loss to the extent that the loss was caused by:

  • materially inaccurate information supplied by the user;
  • recipient details entered incorrectly by the user;
  • the user's unlawful or unauthorised use of the Service;
  • the user's decision to disclose information to another person;
  • conduct of a recipient after information has been lawfully delivered; or
  • circumstances outside Evaheld's reasonable control where Evaheld has otherwise complied with its legal obligations.

Any limitation of liability in these Terms is to be read down to the maximum extent permitted by applicable law.

Nothing in these Terms prevents a person from bringing legal proceedings or relying upon evidence lawfully available to them.


27. Indemnity

To the extent permitted by applicable law, you are responsible for loss reasonably incurred by Evaheld as a direct result of:

  • your deliberate unlawful use of the Service;
  • your deliberate infringement of another person's rights; or
  • your serious material breach of these Terms.

This does not require you to indemnify Evaheld for loss caused by Evaheld's negligence, breach of contract, unlawful conduct, breach of applicable consumer guarantees or other conduct for which liability cannot lawfully be excluded.


28. Changes to these Terms

Evaheld may update these Terms where reasonably necessary to reflect changes in law, security, technology, Service functionality, business operations or products.

The updated Terms will state their effective date.

Where a change materially affects an existing user's rights or obligations, Evaheld will provide reasonable advance notice through email, the Service or another appropriate method.

Evaheld will not use this provision merely to retrospectively remove a material entitlement already purchased by an existing Lifetime customer.

Where applicable law requires affirmative consent before a change may bind an existing user, Evaheld will seek that consent.


29. Governing law and general provisions

These Terms are governed by the laws of New South Wales, Australia.

This choice of law does not exclude or restrict mandatory consumer, privacy, digital-service or other protections that apply to you and cannot lawfully be displaced by contract.

Nothing in these Terms requires a consumer to waive a right to bring proceedings before a court, tribunal, regulator or other body available under mandatory applicable law.

If a provision of these Terms is invalid, unlawful or unenforceable, it will be read down where reasonably possible. If it cannot be read down, it will be severed and the remaining Terms will continue to operate.

If Evaheld does not immediately enforce a right, that does not necessarily mean the right has been waived.

The specific plan, price, storage and promotional terms presented to you before purchase form part of the agreement governing that purchase.

Where a specific purchase term conflicts with a general provision of these Terms, the specific purchase term applies to that purchase to the extent of the inconsistency, subject to applicable law.

Later changes to public pricing or product pages do not retrospectively reduce an entitlement already purchased.

Where Evaheld provides a translated version of these Terms, the English version governs to the extent permitted by applicable law.


30. Contact us

Questions, cancellation requests or concerns relating to these Terms may be sent to:

After I Go Pty Ltd trading as Evaheld
ABN 80 656 838 505
608 Harris St
Ultimo NSW 2007
Australia

Email: [email protected]

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