Thank you for registering to use the HealthEngine Chat app (‘the App’). The App is owned and operated by HealthEngine Pty Ltd of PO Box 7754, Cloisters Square PO, WA 6850, Australia (‘H.E.’).
Please read through the following general terms and conditions which will govern your use of the App, including any content on it (‘Terms’). By accessing or using the App, you acknowledge and confirm that you have read and understood these Terms and agree to be bound by these Terms.
1 Licence to Use App
(a) H.E. grants to you a limited, non-transferable, revocable right to access and use the App solely for personal, non-commercial or informational purposes only.
(b) Except as permitted under these Terms and applicable laws, no part of this App may be otherwise reproduced, adapted or transmitted in any form by any process without the specific written consent of H.E.
2 Copyright in App Content
(a) Copyright in all content contained on this App, including but not limited to text, drawings, photographs and page layout, subsists under, and is protected by, the Copyright Act 1968 (Cth) and international copyright laws and, unless stated otherwise, is owned by H.E. or used by H.E. under licence.
(b) H.E. (or its licensors) retain all right, title, and interest in and to the App, and nothing you do on or in relation to the App will transfer any intellectual property rights to you or (except for the licence referred to in paragraph 1(a)) permit you to exercise any intellectual property rights unless this is expressly stated.
3 H.E. Trade Marks
(a) Unless otherwise indicated, the HealthEngine® logo appearing on the App is a trade mark belonging to H.E. Any use of this trade mark without the prior written consent of H.E. is a breach of the Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited.
(b) Third party trade marks may appear on this App and all rights therein are reserved to the registered owners of those trade marks.
4 Linked Third Party Websites and Information
(a) The App may contain links to third party information and products. Such content and links are not owned, operated or maintained by H.E. nor are they affiliated or associated with H.E. in any way, unless indicated on the external site.
(b) H.E. is not responsible for the content of any third party material appearing on the App or any third party sites linked to the App. Such information, advertisements or links are purely for information purposes only and are not endorsements by H.E. as to the quality, accuracy or completeness of the third party information or sites.
(c) If you decide to access any of the third party services or websites advertised or linked, you do so entirely at your own risk and, as far as lawfully possible, H.E. accepts no liability or responsibility for the actions or omissions of users of the App or linked sites in relation to the content contained therein.
5 User Testimonials
Subject to its legal obligations with respect to privacy, any testimonials submitted to H.E. and posted on the App will be considered as having been voluntarily submitted for use by H.E. and as non-confidential and non-proprietary information and H.E. is free to use such information on the App and otherwise at its sole discretion, whether for commercial or non-commercial purposes and without liability or compensation to any person or entity.
6 General restrictions
(a) You warrant that you:
(i) are at least 13 years old; and
(ii) have received an invitation to use the App from your practitioner with whom you have an existing relationship, and are satisfied of the identity of such practitioner.
(b) In using the App, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) use it in an emergency situation (please call 000 or the emergency number in your area in such a situation);
(iii) use any version of the App except for the then current version;
(iv) violate any applicable laws, or use the App for any purpose that is unlawful;
(v) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any mobile, smart device or computer hardware or software;
(vi) collect or store data about other users of the App or other individuals unless you have the explicit consent from someone for whom you care to do so; or
(vii) engage in any other conduct that inhibits any other person from using or enjoying the App.
(c) You understand and acknowledge that information and advice provided through the App is provided by your practitioner and H.E. does not practice medicine or provide advice of any kind and does not interfere with the practice of practitioners in any way.
(d) You must not provide any text, content or material through the App (Your Data) that:
(i) infringes the intellectual property rights or any other rights of another person;
(ii) would breach any applicable laws; or
(iii) would otherwise result in civil or criminal liability for you, H.E., the practitioner or any third party.
(e) By providing us with any of Your Data, you:
(i) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sublicence) to use and copy Your Data for the purpose of your use of the App and the purposes set out in our privacy policy; and
(ii) warrant that you have the right to grant such licence.
7 Fees
You agree that H.E. may:
(a) charge you a consultation fee on behalf of a practitioner for the provision of advice or a consultation via the App; and
(b) deduct an amount from such consultation fee (as agreed between the practitioner and H.E.) and retain that amount as consideration for use of the App by you and the practitioner.
8 Warranties and liability
(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and the App that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
(b) In particular, and without limiting paragraph 7(a):
(i) while H.E. endeavour to provide a convenient and functional App, H.E. do not guarantee that that your medical or other requirements will be met or that your use of the App will be uninterrupted, error free or that the App is free of viruses or other harmful components;
(ii) H.E. do not guarantee that the practitioners that provide advice through the App or with whom you may communicate through the App are registered or authorised to provide such advice to you in accordance with applicable laws and regulations, and you acknowledge that H.E. has not conducted any vetting or due diligence in respect of the qualifications or credentials or suitability of the relevant practitioner to provide advice;
(iii) H.E. is not:
(A) a healthcare provider and is not liable in any respect for your care or for advice provided to you by the practitioner; and
(B) responsible for maintaining or storing any health or medical records on behalf of the practitioner.
(iv) H.E. does not guarantee the security of any information sent to the App via the Internet and is not responsible for any loss, corruption or interception of data sent to or from our App which occurs outside of our digital systems (such as those which occur while being sent over the internet); and
(v) H.E. is not responsible for:
(A) any third party communications, including communications between you and a practitioner;
(B) any defect, failure or interruption in the functionality of the App due to you using a version of the App which is not the then current version; or
(C) the deletion, failure to store, misdelivery, or untimely delivery of any advice, information or material accessed through the App.
(c) H.E. is not an agent for any of the practitioners that use the App and H.E. has no responsibility for and no liability whatsoever in respect of the conduct of or advice provided by a Practitioner, or quality of service or advice provided by a Practitioner, including a practitioner’s failure to respond to, or communicate with, you via the App.
(d) We recommend that, to the extent possible, you install and use up-to-date anti-virus, anti-spyware and firewall software on your mobile phone, computer or other device you use to access the App.
(e) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
(f) If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and H.E. are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following, at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(g) Subject to paragraphs 6(e), 6(h) and 6(i), and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, H.E.’s aggregate liability whether in contract (including under any indemnity), in tort (including negligence), under statute or otherwise under or in connection with these Terms, your use of the App or any information or advice provided by a practitioner or other third party with whom you communicate via the App, will be limited to AU$100.
(h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
(i) In no event will H.E. be liable to any party for any indirect, incidental or consequential damages 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 or information or damage to systems due to viruses or other harmful components.
9 Changes to the App
(a) H.E. reserves the right to revise, change, modify or delete the content of any part of the App, including any product or functionality available through the App, at any time in its sole discretion and without prior written notice.
(b) H.E. reserves the right to terminate or restrict access to the App or modify, suspend or cancel any of the online services provided via the App at any time without notice.
10 Updates
H.E. reserves the right to revise, change or modify these Terms at any time by posting new Terms on the App. We will display a notice on the App indicating when any such revisions have been made. If you do not agree to the revisions, you should discontinue your use of the App. If you continue using the App, H.E. will take your continued use as your consent to the revised terms of use.
11 Privacy
(a) In using the App, you may give H.E. personal information, including health information. H.E. understands that the information you provide to H.E. when you use the App is very important and potentially sensitive, and H.E. take your privacy very seriously.
(b) By using the App and viewing our privacy collection notice, you grant us consent to collect, store, use and disclose your personal information, including health information, in accordance with our privacy collection notice and privacy policy. The Collection Statement and Privacy Policy is available here.
(c) You warrant that you have obtained the consent of any third person whose personal information you post to the App.
(d) H.E. may change its privacy policy from time to time at its discretion and without notice. If any such changes are made, H.E. will make all reasonable efforts to bring those changes to your attention.
12 Cancellation and variation
(a) You may cancel your registration and discontinue using the App at any time electronically by following the prompts on the App.
(b) We may suspend your use of the App or cancel your registration, either temporarily or permanently, if you breach, or H.E. reasonably believe you have breached, any of these terms of use. If H.E. suspend your use of the App or cancel your registration, you must cease accessing and using the App and, in the case of cancellation, these terms of use will be terminated, including the licence granted to you in paragraph 1(a).
(c) We may from time to time vary, modify or discontinue, temporarily or permanently, any part or all of the App. You may update the App with any new releases, versions or amendments as made available in the app store from time to time.
13 Force Majeure
Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.
14 General
(a) If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) These terms of use constitute the entire agreement between us and you in relation to the App and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the App.
(c) Your use of the App is conducted electronically and you agree that H.E. may communicate with you electronically for all aspects of your use of the App, including sending you electronic notices.
(d) The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
(e) No waiver, delay or failure by us to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right H.E. may have.
(f) The word “including” when used in these terms of use is not a term of limitation.
15 Applicable Laws
These Terms of use of the App are governed by the laws of the State of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.