Terms and conditions

 

Last updated: 28/3/18

 

Tegmen Project 1 Pty Ltd ACN 618 481 799 (TEGMEN/ us/ we/ our) require that you read these terms and conditions carefully. Access to the MCRI AllergyPal application (the App) is limited to users who agree to be bound by these terms and conditions, which include our Privacy Policy [mcriallergypal.com.au/privacy-policy] (Terms). We recommend that you print or save a local copy of these Terms for your own records. You may also be bound by terms and conditions of the App Store that makes the App available to you (see Conditions of Access and Accessible Use below).

These Terms, if agreed by you by pressing "Agree" or by accessing and/or using the App, will constitute a binding agreement between you and TEGMEN. You should immediately cease using the App if you do not agree to these Terms.

TEGMEN may, in its sole discretion, update, modify or replace all or part of these Terms at any time by posting revised Terms on and/or through the App. Where reasonably practicable, TEGMEN will use commercially reasonable efforts to provide you with prior notice of such revisions using the email address you provided when you registered. You are responsible for checking the website for any changes to these Terms. Your continued use of, or access to, the App following the posting of any changes to these Terms will be deemed to constitute acceptance of those changes. You are free to end your agreement with us at any time should you choose not to accept the revised Terms.

In order to access and use the App, you must:

  1. be at least 18 years of age;
  2. possess the legal right and ability to enter into a legally binding agreement with us;
  3. agree and warrant to use the App in accordance with these Terms; and
  4. have a registered account. 

TEGMEN may, but is not required to:

  1. provide updates, changes or amendments to the App as TEGMEN sees fit to ensure proper operation of the App and any general enhancements that may be introduced; and
  2. offer new services and features through, and in relation to, the App or the information, products or services described in it, which will be subject to these Terms.

 

Registration and Your Account

To access and use the App, you must have a registered account. In order to register for an account, you will be required to provide your full name, nominate a contact number and an email address through which TEGMEN can contact you in relation to the App.

When you register and activate your account, TEGMEN will provide you with a username and password. You are solely responsible for keeping this username and password secure and are responsible for all use and activity, including activity in breach of these Terms, carried out under your username.

You must notify TEGMEN immediately if you become aware of any unauthorised use, or suspected unauthorised use, of your account.

You agree that:

  1. you will not provide any false personal information to TEGMEN, or create an account for anyone other than yourself without that individual's and TEGMEN's permission;
  2. you will not create more than one account;
  3. you will keep your personal information and account information accurate and up-to-date;
  4. you will not transfer your account to anyone without TEGMEN's prior written approval; and

 

Conditions of Access and Acceptable Use

You acknowledge and agree that the availability of the App is dependent on the third party from which you obtain the App (App Store). In addition to the Terms, each App Store may have its own terms and conditions which you agree to comply with, and your access to and use of the App is also conditional on your compliance with any such terms and conditions.

You may only use the App for non-commercial or personal use. All other use, copying or reproduction of the App or any part of it without TEGMEN’s prior written approval is prohibited (except to the extent permitted by law).

You must not:

  1. access or use the whole or any part of the App, except as expressly authorised by these Terms, or otherwise with the prior written consent of TEGMEN;
  2. remove or obscure any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the App;
  3. circumvent any mechanisms in the App intended to limit your use of, or access to, areas within or components of the App;
  4. vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, the whole or any part of the App, except as permitted by Law;
  5. solicit the login information or access an account belonging to another user;
  6. facilitate or encourage any violations of these Terms; or
  7. use any data mining, gathering or extraction tools in connection with the App or Services, without TEGMEN's prior written consent.

You must not access or use the App, or provide or transmit any data or content, in any way that:

  1. violates or infringes the rights (including, without limitation, any intellectual property rights) of TEGMEN or third parties;
  2. is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another's privacy or constitutes a breach of any other of the legal rights of individuals;
  3. includes personal or identifying information about another person without that person's consent;
  4. is false, misleading, or deceptive;
  5. violates these Terms;
  6. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or other property, or otherwise permit the unauthorised use of or access to a computer or computer network;
  7. is detrimental to, or in violation of, TEGMEN's or a third party's systems or network security;
  8. interferes with the use of the App by other users; or
  9. could damage, disable or impair the servers or networks used by the App or other users.

TEGMEN may, at any time without prior notice, restrict, block, suspend, deactivate, disable access, edit and/or remove all or part of the App, including any material which in TEGMEN's reasonable opinion may give rise to a breach, or be in violation of these Terms or any law, or which TEGMEN considers in its absolute discretion might be otherwise harmful.

If TEGMEN restricts, blocks, suspends, deactivates or disables your account as a result of your violation of these Terms or any law, you must not create another account without TEGMEN's permission.

 

MCRI AllergyPal Does Not Provide Medical Advice

The App is an information tool designed to easily share, manage and present information (including an Australian Society of Clinical Immunology and Allergy (ASCIA) Action Plan) with others via smart phone only. Other content and links, such as text, graphics, images, and other material contained within the App (Content) are for informational purposes only. The Content and App is not intended to be a substitute for professional medical advice, diagnosis, or treatment, or to be used as medical device or for the purposes of diagnosis, prevention, monitoring, treatment or alleviation of or compensation for a disease, injury or an allergic reaction. If anaphylaxis is suspected, administer an Epipen® (adrenaline auto-injector) and immediately call 000. Do not allow them to stand or walk. If no Epipen is available, immediately call 000 for urgent medical attention.

 

Ownership and Access to the App

TEGMEN and its third-party licensors own all right, title and interest in and to the App and the Content, and all intellectual property rights contained therein, including, without limitation, all software code and algorithms underlying the operation of the App, and all trademarks and copyrighted materials contained in the App. Subject to your compliance with, and during the term of, this Agreement, TEGMEN grants you a non-exclusive, personal, non-transferable, non-sub-licensable limited licence to access and use the App for your own non-commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licences or rights, whether by implication, estoppel, or otherwise, in or to the App or any intellectual property rights therein or related thereto.

 

Liability of TEGMEN

The use of the App, and the Content is at your own risk. When using the App, information will be transmitted over a medium that is beyond the control of TEGMEN. Accordingly, to the extent permitted by law including the Australian consumer law, TEGMEN assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App.

The App and the Content are provided on an “as is” basis. TEGMEN, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, DISCLAIMS ALL WARRANTIES. Without limiting the foregoing, and to the extent permitted by law including the Australian consumer law, TEGMEN makes no representations or warranties about the accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the App.

In no event shall TEGMEN be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not TEGMEN is advised of the possibility of such damages. TEGMEN shall be liable only to the extent of actual damages incurred by you, but such amount shall not exceed AUD $1,000.00. TEGMEN is not liable for any personal injury, including death, caused by your use or misuse of the App or Content.

 

User Submissions

The personal information you submit to TEGMEN is governed by the TEGMEN Privacy Policy, which can be found below.

 

Searches and Links to Other Sites

TEGMEN may provide links to third-party websites. TEGMEN has no control over and is not responsible for the content of linked third-party websites, websites framed within the App or third-party websites provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

 

Indemnity

You agree to defend, indemnify, and hold TEGMEN, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or in connection with your breach of these Terms.

 

General

TEGMEN is based in the Australia with principal offices in Melbourne, Victoria. TEGMEN makes no claims that TEGMEN, the App or the Content are appropriate or may be downloaded outside of Australia. Access to the Content may not be legal by certain persons or in certain countries. If you access the App from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Termination

We may terminate these Terms at any time by providing reasonable written notice to you, for any reason whatsoever, including without limitation if you breach the Terms.

You can terminate these Terms at any time by ceasing your use of the App and deleting the App. TEGMEN reserves the right to delete or deactivate your account and all data provided by you or about you following termination.

 

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with TEGMEN, or in any way relating to your use of the App, resides in the courts of Victoria, Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Victoria, Australia in connection with any such dispute including any claim involving TEGMEN or its affiliates, subsidiaries, employees, contractors, officers, directors and telecommunication providers.

These Terms are governed by the laws of Victoria, Australia, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. In lieu of the invalid or unenforceable provision, the parties will substitute or add as part of this Agreement a valid and enforceable provision that will be as similar as possible in economic and business objectives as was intended by the invalid or unenforceable provision. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from the App by contacting TEGMEN and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorised version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorised representative.

TEGMEN’s agent for copyright issues relating to this App is as follows:

Tegmen Project 1 Pty Ltd
c/o The Royal Children’s Hospital, Flemington Rd
Parkville, VIC, Australia 3052
Email: issues@mcriallergypal.com.au

 

Complete Agreement

Except as expressly provided in a particular “legal notice” in the App, these Terms and the Privacy Policy constitute the entire agreement between you and TEGMEN with respect to the use of the App and Content.

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via mail to: Tegmen Project 1 Pty Ltd, c/o Murdoch Children’s Research Institute, The Royal Children’s Hospital, Flemington Road, Parkville VIC Australia 3052, Attention: Business Development and Legal. We try to answer every email in a timely manner but due to volume may not always be able to do so.