Welcome to the WellAware Application

Version 1.1 – 20 June 20

Agreement to Terms of Use of the WellAware Application

  1. General

    These terms and conditions of use (“Terms of Use” “Agreement”) apply to this device application (“App”). The App is the property of, and is provided to you by, WellAware.Life Pty Ltd A.C.N. 624 999 775, Level 27 IBM Centre, 60 City Road, Southbank VIC 3006 (“us” “we” “our”). By using the App, you agree to these Terms of Use. If you do not agree, do not use it.

    We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time and without prior notice to you. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App after we post changes means that you accept and agree to the changes.

    This Agreement together with our Privacy Policy forms the entire agreement between us and you.
    The App is only made available to people over 18 years of age who are lawfully residing in Australia at the time of using the App. If you are not over 18 and/or are not lawfully residing in Australia, you must not use it.

    If you are an authorised user of your provider’s account (“Authorised User”), in order to use the App you must first be invited to do so. Thereafter, the App is provided to you as part of your provider’s account.

  2. Our Services and Using the App

    Our aim is to provide you with a proactive health management solution to educate and inform you about your personalised chronic disease risk profile. We provide you with health education and information based on the personal information you provide to us. You may then use this health resource to assist you when communicating with your registered health professional. You may also choose to use the App to, among other things, source a health professional, store your health records, record notes from your health consultations, and/or receive push notifications and test information. In order to achieve reliable outcomes using the App, it is important to ensure your information is accurate and up-to-date.

  3. App Disclaimer

    The App contains a range of information about health and wellbeing but is not to be relied upon as a substitute for, nor replacement of, professional medical advice, diagnosis or treatment. Information contained in the App is general in nature and does not constitute the provision of medical or any other form of advice. If you have any concerns or questions about your health, we recommend you seek professional advice from a suitably qualified health professional. Do not disregard, avoid or delay obtaining advice from a health professional because of any information provided to you through the App. Your reliance on the information contained in the App is undertaken by you solely at your own risk.

    While we take all reasonable care to include accurate and up-to-date information on the App, we make no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information contained on the App.

    We take reasonable steps to ensure that the App remains available. However, we take no responsibility for, and will not be liable for, the App being temporarily unavailable due to technical issues beyond our control, or for maintenance or other technical reasons. We do not warrant that the functions of the App will be uninterrupted or error-free, that defects will be corrected, or that the App or the servers that make it available are free of viruses or other harmful components. You agree that it is your responsibility to keep your computer, mobile device or tablet software up-to-date and to take appropriate steps to safeguard its or their security.

    As far as lawfully possible, we do not accept any liability for any loss or damage including, without limitation, any direct, indirect, incidental, consequential, special or exemplary loss or damage, for:

    • any loss or damage whatsoever arising from the use of or inability to use the App;
    • any transaction conducted through or facilitated by the App;
    • any claim arising from errors, omissions, or inaccuracies appearing on the App;
    • unauthorised access to, or alteration of, data or communications; or
    • any loss of data arising out of, or in connection with, the use of the App.

    If you are dissatisfied with the App, your sole and exclusive remedy is to discontinue using it.

  4. Links

    The App may contain links to other independent third-party websites or resources (“Linked Sites”). These Linked Sites are provided solely as a convenience. Linked Sites are not under our control, and we are not responsible for and do not endorse their content, including any information or other content embodied in them. You will need to make your own independent assessment of Linked Sites.

  5. Your visits to the App

    We use cookies (small data files that are stored on your phone, computer or tablet) to collect anonymous traffic data and to improve your user experience. You can remove or block cookies using the settings in your web browser, but this may impact on its functionality or on your ability to use the App.

    We may also collect and store information about your visit to the App, including:

    • the name of the domain from which you accessed the Internet;
    • the Internet address of the email invitation from which you accessed the App;
    • the date and time you accessed the App;
    • the pages you accessed while using the App;
    • the type of device from which you accessed the App; and
    • the location from which you accessed the App.

    All of the information we collect is aggregated and is not used to identify you. This information is used to measure visitor numbers and to assess how the App was used in order to maintain its effectiveness.

    We do not collect this information for any type of advertising.

  6. License

    The App is provided to you either directly by us or through your access as an Authorised User. We retain all ownership and proprietary rights in the App and hereby grant you a non-exclusive, non-transferable, limited right to use the App. This license commences upon your acceptance of the Terms of Use and continues until termination by us or you. We have the discretion to terminate your license immediately and without notice if you breach this license. The App has an explicit user management system where we can add, remove or suspend users. All rights not specifically granted under this Agreement are reserved by us and, as applicable, our licensors.

    This limited license excludes the right to:

    1. frame or use framing techniques to enclose the App or any portion of the App;
    2. republish, redistribute, transmit, sell, license or download the App or any and/or all App content (except as necessary to view the App);
    3. make any use of the App or any and/or all App content other than for personal use;
    4. modify, reverse engineer or create any derivative works based upon either the App or its content;
    5. collect information through the App for the benefit of another party;
    6. use any meta tags or any other hidden text utilizing any and/or all App content;
    7. gain unauthorised access to any portion or feature of the App, or to any services offered through it, by hacking, password “mining” or any other illegitimate means;
    8. probe, scan or test the vulnerability of the App or any connected network, or breach any security authentication measures;
    9. reverse look-up, trace or seek to trace any information on any other user or visitor to the App or any other customer of ours, including any account not owned by you, to its source, or exploit the App or any service or information made available or offered by or through the App in any way where the purpose is to reveal any information, including but not limited to personal information, through any means not purposely made available by us, other than your own personal information, as provided for by the App;
    10. use software robots, spiders, deep-link, page-scrape, crawlers, or similar data gathering and extraction tools to access, acquire, copy or monitor any portion of the App, or take any other action that may impose an unreasonable burden or load on our infrastructure or server; and
    11. download any image or content and pass it off as your own, or in any way reproduce or circumvent the navigational structure or presentation of the App or any of its content to obtain any materials, documents or information through any means not purposely made available by us.

    Your License to Us. By posting, submitting or otherwise publishing any material to the App, you are representing to us that you are lawfully entitled to do so.

    Subject to the Privacy Policy, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to collect, use, reproduce, store, modify, adapt, publish, translate, distribute and create derivative works of the material that you publish on the App. You warrant that you are entitled to provide that licence to us.

    You hereby waive all moral rights in your content to the maximum extent permitted by law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by law.

  7. Our Obligations

    We reserve the right to make changes to the App, its operation, functionality and application at any time without prior notice. We may engage a third party to provide technical assistance with the App. We will take reasonable steps to ensure the ongoing effective operation and maintenance of the App and take steps to repair technical issues that arise from within the App within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

  8. Conditions of use

    You agree to use the App in accordance with these Terms of Use, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to us.

    You agree that you will not upload or provide content on the App which:

    1. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
    2. infringes the intellectual or other proprietary interests of third parties;
    3. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the App in any way impinges on another user’s use or enjoyment of the App or otherwise breaches or encourages other users to breach these Terms;
    4. violates any law; or
    5. encourages or incites any other person to engage in any of the above behaviour;
    6. You also agree that you will not :
    7. use technology or other means that is not authorised by us to access the App;
    8. attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the App;
    9. gain or attempt to gain unauthorised access to the App including network or user accounts; and
    10. attempt to or engage in conduct that damages, disables, overburdens, or impairs the App, our servers or networks.
  9. Accounts, passwords and security

    You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your login and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of, or visitor to, the App attributable to using your password or account as a result of your failing to keep your account information secure and confidential.

    You may not use anyone else’s password or account at any time without our express, prior, written permission. We will not be liable for any loss or damage arising from your failure to comply with these obligations.

  10. Aggregate/De-identified Data

    You agree that we may generate aggregated de-identified data and that aggregated de-identified data is our technology, which we may, subject to the Privacy Policy, use for any development, research and/or business purpose during or after the term of this Agreement (including, without limitation, to develop and improve our products and services and to create and distribute reports and other materials).

    We will only disclose aggregated de-identified data in any anonymous form that does not identify customers, Authorised Users or visitors, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs). Our Privacy Policy provides more information about how we handle personal information, how we de-identify personal information and how you can contact us to access, correct or complain about our collection and handling of personal information.

  11. Privacy

    Our Privacy Policy applies to the use of the App, and its terms are made a part of these Terms of Use by this reference. To view the Privacy Policy click www.wellaware.life/privacy. By using the App you acknowledge that Internet communications are never completely private or secure. You understand that any message or information you send to the App or that the App sends to you may be read or intercepted by others, even if there is a special notice that a particular communication is encrypted.

  12. Warranties and Indemnities

    We do not warrant that the functional aspects of the App will be error free or that the App, its content or the server are free of viruses or other harmful components. We ensure our server infrastructure is up-to-date with the latest security patches and updates, however to the extent permitted by law, we do not guarantee against third party interference. We do not warrant that the App or its content will be compatible with third party software or hardware.

    To the extent permitted by law, we are not liable to any party for any direct, indirect, incidental or consequential damage or losses whatsoever arising from access to, reliance on, or use of the App, including, without limitation, damages for loss of profits, business interruption, loss of information to damage to systems due to viruses or other harmful components. We are also not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond our reasonable control.

    You agree to indemnify us, and our partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the App.

  13. Intellectual Property Rights

    All text, images, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of Content, embodied in the App is owned, controlled or licensed by or to us, and is protected by intellectual property rights and laws.

    Except as expressly provided in these Terms of Use, no part of the App may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

    You may use information published in the App (such as the personal information you and/or we collect or produce) and any similar information we make available for you to access or download from the App, provided that you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media through any means not purposely made available by us; make no modifications to any such information; and that you do not make any additional representations or warranties relating to such information.

  14. Breaches of these Terms of Use

    We reserve the right to take any of the following action if we reasonably suspect that a breach of this agreement has occurred:

    1. issue a formal warning;
    2. suspend or prohibit access to the App;
    3. block you from accessing the App;
    4. take legal action against you, and/or
    5. suspend or delete your account on the App.

    If we suspend or prohibit or block your access to the App, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this Agreement.

  15. Governing Law

    This Agreement, your use of the App and any dispute arising out of such use is subject to, governed by and will be interpreted in accordance with the laws of Victoria, Australia and you agree to submit to the jurisdiction of the Victorian Courts. If any clause in this document is found to be invalid or unenforceable it should be removed to the extent of such invalidity or unenforceability, and the rest of the Terms of Use will continue to have full force and effect.

  16. Additional Terms for App Store Apps

    If you accessed or downloaded the App from the Apple Store then you agree to use the App only:

    1. on an Apple-branded product or device that runs iOS; and
    2. as permitted by the Usage Rules set out in the Apple Store Terms of Service.

    If you accessed or downloaded the App from another App provider then you acknowledge and agree that:

    1. these Terms of Use are between you and us and not with the App Store provider;
    2. we are solely responsible for the App;
    3. the App Store is not responsible for addressing any claims you have relating to the App;
    4. the App Store and its subsidiaries are third-party beneficiaries of these Terms of Use as related to your licence of the App, and upon your acceptance of these Terms of Use, the App Store will have the right to enforce these Terms of Use as related to your licence of the App as a third party beneficiary; and
    5. you must comply with all applicable third-party terms of service when using the App.

Last updated: 20 June 20