CareVision Legal Agreements, Policies and Promises

CareVision Privacy Policy

CareVision Privacy Policy

This Privacy Policy is effective from 1 March 2015

1. Commitment to Your Privacy and Protection of Your Personal Information

Your privacy is important to CareVision Pty. Limited ACN 620 438 520 (CareVision).

CareVision’s Privacy Policy (“Policy”) explains how your personal information will be used and protected by CareVision and its related entities.  This Policy applies to your use of any CareVision website, when you deal with CareVision and whenever CareVision stores or collect your personal information. CareVision may update this Policy without notice as required.

You contact CareVision’s privacy officer by telephone on 1300 324 070 or via email to: legal@carevision.com.au

2. Types of Personal Information CareVision Collects and Holds

The information CareVision may collect from you may include your:

  1. Name, address, contact telephone numbers and other contact details;
  2. Email address;
  3. Date of birth;
  4. Gender;
  5. Social media memberships and user IDs; and
  6. Any other information you provide about yourself.

3. Website Cookies and Digital services

CareVision may record your internet protocol (IP) address when you access pages on CareVision’s website. CareVision may also download “cookies”, small text files that help us identify repeat visitors, which are stored on your hard disk.  Most web browsers automatically accept cookies but you may disable this function.  Disabling the cookie function in your web browser may limit the functionality of CareVision website and the speed with which CareVision can respond to your requests.

4. Reasons for Collecting and Storing Your Personal Information

CareVision collects your personal information so that it can process orders, respond to queries and, where permitted by you, send you information about CareVision.

5. How CareVision Collects Your Personal Information

When you purchase products from CareVision or make an enquiry, CareVision collects and stores the information you provide, including the types of information set out in paragraph 2.

6. How CareVision Stores and Protects Your Personal Information

CareVision stores your personal information in a combination of secure computer storage devices and hard copy files.  CareVision has taken a range of industry-standard measures to protect your personal information from loss, unauthorised access and disclosure.

When CareVision no longer needs your personal information, CareVision will destroy or depersonalise such data.

CareVision will only deal with third parties who require access to your information in order to supply you with goods and services on condition that it is kept confidential, only used for the purpose for which it was provided, is kept secure and is destroyed when it is no longer required.

7. How CareVision Uses and Discloses Your Personal Information

CareVision will use and disclose your information to complete orders placed by you for goods and services and to enable third parties to fill such orders and answer related enquiries that you make via the CareVision website.  CareVision may provide your personal information to its agents, contractors and related entities for the same purposes.

8. Direct Marketing

CareVision, its related entities and third party suppliers, may collect information about your social media preferences and activities and disclose your personal information to CareVision’s related entities.

CareVision may also collect demographic information and behavioural information from social media platforms to make offers that are more likely to meet your needs or be of interest.

9. You May “Opt out” of Direct Marketing

You can tell CareVision or its related entities or suppliers to not send you information by selecting the “opt out” checkbox on the CareVision website when you finish entering your personal information or before completing a transaction on the CareVision website. If you elect to opt out of receiving further information from CareVision, its related entities and CareVision’s third party suppliers:

CareVision may still use your personal information to provide you with the services and products you have ordered or the information you have requested; and

There may be a short delay between your opting out and CareVision acting upon your request to opt out.

CareVision will not make your personal information available to third parties in return for a fee or a charge without your consent.  CareVision may disclose your personal information where CareVision is required or authorised by law to do so.

10. Disclosure of Your Personal Information Outside Australia

Within the terms of this Policy, CareVision may need to disclose your personal information to third parties located outside Australia.  Such information may not be protected in accordance with the Australian Privacy Principles and CareVision is unable to take any steps to ensure such protection.

11. Your Right to Access Your Personal Information

If you wish to obtain a copy of, or there has been a change to, the personal details CareVision has collected or stored about you, you can advise CareVision by calling 1300 324 070 or emailing: shop@carevision.com.au.  Where requested, CareVision will provide you with a copy of your personal information that CareVision holds and do so in accordance with the Privacy Act.  If there is a fee for accessing such information, CareVision will advise you of such fees before providing a copy of the information.  CareVision will take reasonable steps to verify the identity of anyone requesting access to your personal information and only provide information to persons with the right to access your information.

 12. Making a complaint

If you are concerned about how CareVision has stored or used your personal information, please contact CareVision by writing to the Privacy Officer, CareVision Pty. Limited via email shop@carevision.com.au.

CareVision will promptly acknowledge and investigate your concerns. If your concerns are not resolved, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC). The OAIC’s website provides further information: http://www.oaic.gov.au/privacy/making-a-privacy-complaint, or telephone 1300 363 992.

13. Contacting CareVision Regarding Privacy Issues

All correspondence concerning privacy issues including your rights and CareVision’s obligations should be sent in writing to:

The Privacy Officer

CareVision Pty .Limited

PO Box 692 North Sydney, NSW, 2059

Email: legal@carevision.com.au

Telephone on 1300 324 070

CareVision Website Terms of Use & Sales

CareVision’s Terms and Conditions of Sale, below, set out the terms and conditions subject to which CareVision Pty Ltd ACN 620 438 520 (CareVision) will supply products and/or services to you.

The Terms and Conditions of Sale apply to all sales made by CareVision via the CareVision Online Shop or CareVision Websites.

Unless otherwise stated in writing, products and services on this website are supplied and shipped directly from third party suppliers.

Products and services may be supplied subject to separate terms and conditions of third party suppliers unless otherwise stated in writing. Such additional terms and conditions govern the legal relationship between you and third party suppliers when you acquire goods or services via the CareVision Online Shop. Third party terms and conditions may provide additional rights and impose additional obligations to those set out in CareVision’s Terms and Conditions of Sale. Any such rights and obligations are between you and the third party. CareVision’s Terms and Conditions of Sale do not alter the rights and obligations that arise between you and a third party supplier when you acquire goods or services via this website.

CareVision will issue you with a tax invoice for products ordered.

CareVision may change any provision of the Terms and Conditions of Sale without notice. Even if you are a frequent purchaser from this website, CareVision recommends that you check the terms of this Agreement whenever before purchasing products. Any change to this Agreement will only apply to future orders. None of our agents or employees or any third parties has any authority to change the terms of this Agreement.

Should you have any questions concerning CareVision’s Terms and Conditions of Sale, please contact CareVision via email: hello@carevision.com.au.

Terms and Conditions of Sales

  1. Definitions
    1. In these Terms and Conditions of Sale (“Agreement“), “we” or “us” means CareVision Pty Ltd ACN 620 438 520 376(“CareVision”) and “you” means the person, organisation or entity that purchased the products or related services from us.
  2. Orders & Payment
    1. When we accept orders for goods or services, we may do so as agent for third party suppliers on whose behalf we accept payment for products and services listed by such suppliers on the CareVision Online Shop.
    2. You may place an order with us by completing and submitting to us an online order form on our website. Your order constitutes an offer to buy the specified items from us. We accept your order when your payment is successfully processed via our online payment processing portal.
    3. You must check the order, and all pricing and product information, before you submit payment via our online payment processing portal. We will not submit your order to a third party supplier until your payment has been successfully processed by us.
    4. All orders must be paid for in full at time of order placement using an approved credit card or other approved payment method. Payment processing surcharges, if any, will be as advised at the checkout.
    5. Upon acceptance of your order, we will email you a customer order reference number and the terms of this Agreement shall apply to your purchase and our arrangement of the supply of goods and/or services to you.
  3. Product Availability
    1. Product availability and delivery times are subject to change. Where possible, stock levels and delivery times are stated on our website. CareVision does not warrant that goods or services will be available within a time we or a third party supplier may specify and accepts no liability for delays in supply for any reason.
    2. We will notify you if we are unable to supply a product you have ordered. You may cancel or amend an order for a product if we are unable to deliver it within a reasonable period of time of us accepting your order, or within a reasonable period of time after the delivery date we indicated to you, if any, whichever is the later.
  4. Price and Payment
    1. The total value of each order, including GST, delivery costs, credit card charges and any transaction costs, must be paid in full at the time of order placement. Prices are as set by third party suppliers.
    2. We accept payment by Visa and MasterCard credit cards and Paypal.
    3. Credit card data are encrypted to reduce the risk of unauthorised access or use. We take due care with your credit card details but we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
    4. Gift vouchers issued by third parties, including our suppliers, may not be redeemed as payment, in whole or in part, of the purchase cost. Any promotional codes must be entered at time of order placement in order for the applicable discount or benefit to apply.
    5. Separate terms and conditions apply to promotional codes. Promotional codes may not be used in conjunction with any other offer or discount.
    6. A tax invoice will be sent to you upon receipt of payment in full. You must retain your tax invoice as proof of purchase and for any warranty claims or returns.
  5. Delivery
    1. Products ordered will be delivered by the respective third party supplier or their agent. Delivery fees, as stated at the checkout, will be applied and become payable when you place your order.
    2. If you are not able to accept delivery, a delivery fee for each additional delivery attempt may be imposed by us or a third party supplier or courier.
    3. We will deliver to the delivery address specified by you when you place your order.
    4. Deliveries must be signed for unless alternative arrangements have been made with the third party supplier or courier.
  6. Installation
    1. The price of products we supply does not include the cost of installation or assembly unless otherwise expressly stated on our website. We do not offer installation services.
    2. Products ordered from us may require installation by suitably qualified and/or licensed installers. You must arrange separately such installation unless otherwise expressly stated on our website.
  7. Title and Risk
    1. Title in products delivered to you or your agent does not pass to you until we receive payment in full. If we do not receive your payment for any reason we reserve, including on behalf of our third party suppliers, the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell reclaimed products. Risk of loss, damage or deterioration affecting products will pass to you on delivery.
    2. You accept that clause 7.1 creates a purchase money security interest in the products which we, or our third party supplier, are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA“). We each agree to contract out of the provisions listed in section 115 of the PPSA to the extent permitted by the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We each agree that neither of us will disclose information referred to in section 275(1) of the PPSA. This clause 7.2 constitutes a confidentiality agreement for the purposes of section 275(6) of the PPSA.
  8. Warranties and Limitation of Liabilities
    1. We do not limit or exclude any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL“) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:

      “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees“). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

    2. Products purchased will usually include a manufacturer’s warranty. The manufacturer’s warranty may provide you with rights and remedies over and above those rights and remedies you may have under applicable law. If you are not a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You must read the manufacturer’s warranty to inform yourself if the extent of your coverage is reduced where products have been acquired for business or commercial use. If you need to make a claim under the manufacturer’s warranty, you should contact the manufacturer or third party supplier, as indicated in the product warranty information accompanying the goods or complete and submit the Warranty Service Request form on the CareVision website.
    3. Subject to this clause 8, and to the extent permitted by law:
      1.          any term, guarantee, warranty, representation or condition that is not expressly stated in this Agreement is excluded;
      2.          you acknowledge and agree to us limiting our liability to exclude any special, indirect or consequential loss or damage, loss of profit or opportunity, damage to goodwill, loss of data in any form, arising out of or in connection with the products, the services or this Agreement (including losses due to late supply or your inability to use the products or services due to their failure or late supply), or the need to restore, program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, under statute or otherwise; and
      3.          our total liability arising out of or in connection with the products, the services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under this Agreement.
    4. Where, by law, we are unable to exclude a term, guarantee, warranty, representation or condition but are able to limit our liability arising under any of them, to the extent permitted by law, we limit our liability for any breach to, at our option, the repair or replacement of products or payment of the cost of repairing or replacing the products or, in the case of services, to supplying the services again or the cost of having the services supplied again or, in the case of goods which we supply as agent for a third party supplier, to arranging the applicable supplier to do any of the foregoing.
    5. You will allow us to correct any typographical, clerical or other error or omission in any information we publish or provide to you, in any acceptance or offer, invoice or other document or information issued by us, without us incurring any liability to you for doing so.
  9. Computer hardware and software – special conditions
    1. Software and computer products are supplied by us to you subject to the terms and conditions of licence agreements accompanying such software and products. You agree to comply with the terms of those agreements.
    2. The intellectual property rights in the software and all rights, title or interest therein remain with the licensor of the software or computer product.
  10. Returns, Refunds and Exchanges
    1. In addition to your rights under clause 8 and subject to any express offers made at time of sale on our website, third party suppliers may accept some products for return and issue refunds subject to specific terms and conditions and restocking fees based on the value of the goods returned and/or a minimum charge provided:
      1.          if your product remains boxed and unopened, you may ask us for a return authorisation within 14 days of delivery. After we have received the product and confirmed its condition, we will process a refund of the purchase price, excluding delivery fees. Our collection costs and a restocking charge of 10% of the purchase price will be deducted from any refund; or
      2.          if your product is unused but has been repacked by you with all packaging intact and we and/or a third party supplier determine that the product is suitable for resale as new, you may ask us for a return authorisation within 14 days of delivery. Our collection costs and a restocking charge of 20% of the purchase price will be deducted from any refund.
    2. Subject to clause 8, we may refuse to accept for return a product that has been used or installed or where you have attempted to install it. Custom-made products and non-standard catalogue items may not be returned.
    3. You must contact us to request a return authorisation number and to arrange collection of products eligible for return prior to returning them.
    4. You must ensure that products are packed securely for shipping before return or collection. You will be liable for any damage arising from packing that is less protective than the packing used to ship the product to you. If all original items, including packaging, documentation, manuals and warranty registration cards, are not returned, or you do not obtain a return authorisation before returning a product, your product will not be accepted for return and you will be liable for the cost of returning the product to you.
    5. Subject to this clause 10, we will process any refund once its supplier has received the product at its warehouse and notified us that it is eligible for a refund. Any refund will be by reversal of the original charge less amounts we are entitled to deduct pursuant to clause 10.1.
  11. Repair of Products
    1. If you return a product to us for repair or replacement you are responsible for making and retaining a copy of any data on the product to protect it against loss or damage. We will not be responsible for loss of, or damage to, any such data howsoever arising, including by our intentional deletion in the course of handling or repairing the product.
    2. Some manufacturers or suppliers may elect to replace warranty items with products of the same type rather than repairing them. Such replacements may include refurbished products provided they perform in accordance with the manufacturer’s specifications and are not damaged.
  12. Force Majeure
    1. If we are unable to perform our obligations under this Agreement due to circumstances beyond our reasonable control we will not be liable to you in any way save for the provision of a payment otherwise due to you under this Agreement. If our inability to perform continues for more than 3 months, we may terminate our agreement with you, and any order hereunder, upon 5 business days’ written notice.
  13. General
    1. This Agreement contains all of the terms governing our contractual relationship. No terms or conditions you add to your order vary these terms or apply in any way and no such terms other than those in this Agreement will be binding upon us or have any legal effect.
    2. We may refuse to supply products or services to you, or terminate our agreement with you or your account with us, and remove or edit content on our website, at our sole discretion and without incurring any liability to you.
    3. No assignment of any of your rights or obligations under this Agreement is valid unless you receive our prior written consent.
    4. Any notice in connection with this Agreement may be emailed by either party to the email address notified by each party from time to time.
    5. If a court holds that any term or condition of this Agreement is invalid, illegal or unenforceable, it shall be read down, so far as possible, to make it valid, legal and enforceable. Only if such reading down is not possible will the term or condition be excluded from this Agreement.
    6. How we collect, use and protect your personal information is set out in our Privacy Policy.
    7. If a party fails to insist upon strict performance by the other party of any provision in this Agreement, such failure will not be taken to be a waiver of any existing or future rights in relation to the provision.
    8. This Agreement is governed by the laws of New South Wales. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
CareVision Applications Software End User License Agreement

CareVision Applications Software

End User License Agreement

Version 1.0 – Updated 7 October 2016

Section 1:  The Parties

  1. This end user license Agreement (“Agreement”) is a legal Agreement between you (either an individual or a single entity) and CareVision PTY LTD or a CareVision affiliate, or supplier (hereinafter “CareVision”) identified in the CareVision Applications Software (App), as licensor of the App.
  2. You acknowledge that this Agreement is entered into by and not with any third party Device platform or associated service provider or telecommunications carrier or the third party from whom you are downloading this App or any of their affiliates (each, a “Service Provider”, collectively, “Service Providers”).
  3. You also acknowledge that Service Providers have no obligation hereunder to furnish any maintenance and support services with respect to the App. If documentation is provided with the App, you may copy and use the documentation for your internal, reference purposes.
  4. By “clicking” the App, thereby breaking the seal on the App, or otherwise taking any step to install or use the App, you agree to be bound by the Terms and Conditions of this Agreement.
  5. If you do not agree to the terms of this Agreement, do not install or use the App.
  6. Your use of the App is also subject to the CareVision Website Privacy Policy.

NOW THEREFORE in consideration of the premises and the mutual Contracts and covenants herein contained, the parties hereto hereby covenant and agree as follows:

Section 2:  Definitions

“App” shall mean CareVision Mobile & Smart TV Applications App available to run across a number of devices including, smart or internet enabled televisions, mobile phones and other connected devices supplied by third party manufacturers so has to provide information, alerts and interactive communication between the members of a family care group and various health professionals. The term may also include associated media, printed materials and “online” or electronic documentation delivered with the Software.

“CareVision Privacy Policy” shall mean the Privacy Policy set out at the CareVision Website as it is and may be updated from time to time.

“Care Facility” are places that provide health care and shall include aged care facilities, retirement living and independent living facilities

“CareVision Supplier” shall mean supplier of field services such as allied health services home support, nursing, carer, transportation and wellbeing services, as well as any food and product delivery services available from within the App

“CareVision Service Provider” shall mean telecommunications carrier or the third party from whom you are downloading the App.

“Copyright” shall mean Copyright © 2015, CareVision Pty Ltd.  All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

“Data” means Health Data and other personal information and communications;

“Feedback” shall mean the giving by one party to the other party any suggestions, comments or other feedback, whether verbally or in written or source code form, relating to (i) the App; (ii) your products; (iii) your use of the App; or (iv) optimization/interoperability of your devise with the App.

“Health Data’’ means “health information” as defined in the Privacy Act 1988 (Cth) and any other information relating to the health of, or health services provided to, individuals that is subject to the operation of Health Data Laws that either party has collected, received or otherwise has access to in connection with this Agreement or the App.

“Health Data Laws’’ means legislation from time to time in force in any Australian jurisdiction (which includes the Commonwealth of Australia and any State or Territory of Australia); affecting health information, information about health services, or the collection, handling, storage, processing, use or disclosure of such information; and any ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made under such laws including the Privacy Act 1988 (Cth); Health Records (Privacy and Access) Act 1997 (ACT); Health Records and Information Privacy Act 2002 (NSW); Health Records Act 2001 (Vic); & Information Privacy Act 2009 (Qld);

“Public Areas” shall mean areas of the CareVision Applications or Websites that are available to the general public without log in or password.

“Updates” shall mean upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements to the App.

“You” or “Your” shall mean the entity or individual that installs and/or uses the App.

Section 3:  Grant of license

  1. CareVision grants to you a non-transferable, non-exclusive and revocable license to install one copy of the App on your Device according to the terms and conditions set forth in this Agreement;
  2. The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by CareVision or its licensors in writing, you acquire no right, title or license in the App or any data, App, content, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates to the App developed by CareVision or its suppliers or licensors at any time in the future. CareVision may provide Updates and/or support. However, Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App;
  3. CareVision updates may be delivered automatically or you may be notified when a new update is ready to be installed, or we make such updates available for download. You authorize CareVision to deliver automatically any update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of the updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App;
  4. Notwithstanding the terms and conditions of this Agreement, all or any portion of the App which constitutes non­proprietary App or App provided under public license by third parties (“Free and Open-Source Software,”) is licensed to you subject to the terms and conditions of the App license  Agreement accompanying such Freeware whether in the form of a discrete Agreement, shrink wrap or license;
  5. You acknowledge and agree that your use of certain third party components included with the App may be subject to additional licensing terms and conditions; &
  6. CareVision reserves the right, at any time to modify, suspend, or discontinue The Software or Services, or any part thereof with or without notice. You agree that CareVision will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Software or Services or any part thereof.

Section 4:  License restrictions & limitations

  1. You agree to the following license restrictions to:

(a)      Use the App solely for your personal non-commercial use for the purposes defined in Section 9 of this Agreement. In the event that the App, is installed in a Care Facility, the License applies to the end-user of the App and not to the Care Facility;

(b)      Not install or use a copy of the App on a device that you do not own or control;

(c)      Not duplicate, copy or distribute the App, except as necessary to use it on your Device;

(d)      Not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party;

(e)      Not use the App for any fraudulent, unlawful or illegal activity or in any way that could harm the App or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means;

(g)      Not work around any technical limitations in the App;

(h)      Preserve all copyright and other proprietary rights notices on the App and all copies thereof;

(i)       You may not modify, translate reverse engineer, decompile, disassemble or create derivative works of the App, except and only to the extent that the right to do so is mandated under applicable law;

(j)      The App is licensed as a single product. Software component parts of the App may not be separated for use on more than one device, nor otherwise used separately from the other parts;

(k)      Collect, upload, transmit, display or distribute any content that violates any third party right, law, or regulation;

(l)       Upload, transmit or distribute any disabling code, Trojan, malware, worm or computer virus, or any other App intended to damage or alter the system App or its maliciously infect the App’s data;

(m)     Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of duplicative or unsolicited messages whether commercial or otherwise;

(n)      Harvest, collect, gather or assemble information or data regarding other users without their consent;

(o)      Interfere with, disrupt, or create an undue burden on servers or networks connected to the Software or violate the regulations, policies or procedures of such networks;

(p)      Attempt to gain unauthorized access to CareVision’s Software, or other computer systems or networks connected to or used together with CareVision through any means, including password mining, or brute force attacks;

(q)      Introduce any App or automated agents or scripts to the CareVision App with or without the intention to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape or mine data;

(r)      Harass or intimidate any other user through any means, including but not limited to repetitive abusive, harassing or intimidating messages, photos, and requests for access;

(s)      Interfere with another users use and enjoyment of the Software and Service;

(t)      To make available or share any information or material that infringes upon a third party right, especially intellectual property rights;

(u)      Make available any information or material which may constitute or encourage conduct that is a criminal offence or civil wrong or otherwise violates any applicable law. You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards if CareVision add them to App) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes;

(v)      The App is NOT for medical emergencies. We encourage anyone that believes they may need a vital call system to contact relevant providers. Always seek the advice of your physician or other qualified health provider, directly with any concerns or questions you may have regarding a Medical Condition;

(w)     The App is not intended for use in any situation where the failure of the App could lead to death or injury of any type. You are solely responsible for using the App in a manner consistent with all applicable international federal and state laws;

(x)     Your relationship to CareVision is that of end user, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CareVision’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees; &

(y)      The App, and/or Website, and/or Services, are subject to the terms of the CareVision Privacy Policy.

Section 5:  Changes to terms of use

  1. CareVision reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users and thirty (30) days after notification (including by posting a notice on the applicable CareVision website) for current users.
  2. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App following the thirty (30) day notice period constitutes your acceptance of those changes.

Section 6:  Upgrades to the App

  1. To use an upgrade to the App, you must first be licensed for the original App identified by CareVision as eligible for the upgrade. After upgrading, you may no longer use the original App that formed the basis for your upgrade eligibility;
  2. This Agreement applies to updates or supplements to the original App provided by CareVision unless CareVision provides other terms along with the upgrade. In case of a conflict between such terms, the upgrade terms will prevail; &
  3. CareVision has no obligation to support or to provide any updates of the App.

Section 7:  Ownership & intellectual property rights

  1. CareVision reserves all rights not expressly granted to you hereunder;
  2. The structure, organization and code of the App and any upgrades are owned by and are the valuable trade secrets and confidential information of CareVision and its suppliers (including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the Software);
  3. You shall not remove any product identification, copyright notices or proprietary restrictions from the App;
  4. You acknowledge that all the intellectual property rights and user documentation, including copyrights, patents, trademarks, and trade secrets, in the App and Services are owned by CareVision and its suppliers or CareVision service providers and are protected by law, and international treaty provisions;
  5. You acknowledge that, in the event of any third party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, CareVision and its suppliers, not any Service Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
  6. The App license does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. CareVision and its suppliers reserve all rights not granted in this Agreement;
  7. The App is licensed to you, not sold, and CareVision transfers no ownership interest in the App, in the intellectual property in any Software or in any Software copy, to you under this Agreement or otherwise;
  8. CareVision owns the data collected via the App and has the right to use such data in accordance with our CareVision Privacy Policy; &
  9. If you make any submission to a publicly accessible area of our Website or Software, or  if you submit any business information, idea, concept or invention to CareVision by email or otherwise, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted, CareVision a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. CareVision may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the publicly accessible area of our Website or to CareVision.

Section 8:  Security

  1. The information that the App collects may be stored locally on your Device and may be transmitted to our servers in other countries where CareVision and its affiliates or any of their service providers operate.
  2. The transmission of information over wireless and wired networks is not inherently secure. CareVision uses many tools to help protect your Data against unauthorized access and disclosure. However, CareVision does not guarantee that your Data will always remain private when using the App.

Section 9: Consent to use of Data in aggregated and de-identified form

  1. CareVision may aggregate and de-identify Data (i.e., remove all information that could be used to specifically identify you) provided to us through the Software, and use that Data for research, studies, or for any lawful commercial purpose.
  2. you consent to the use of such aggregated and de-identified Data;
  3. CareVision is not obligated to pay any amount to you or otherwise compensate you or any other person in any way for such use;
  4. CareVision is not required to furnish you with any information of any kind regarding such use; &
  5. To the extent that you have proprietary interest in any such Data, you waive any right to such interest or seek compensation from any such use.

Section 10: Protection of Health Data and personal information

  1. Australian Federal Law requires that CareVision, protect the privacy of Data, and any other information that could be used to identify you. CareVision uses encryption technology and authentication technology, to ensure the privacy of its Customers information (Data) that all users enter into the App;
  2. CareVision agrees to take all reasonable measures to retain all Data in secure infrastructure in Australia in accordance with the Health Data Laws and will continue to adopt best practice measures;
  3. CareVision agrees not to intentionally transfer or disclose any Health Data to recipients (including any Supplier Personnel) located outside of the Australian State or Territory in which the Health Data was collected unless authorized by the individual to whom the Health Data relates;
  4. Where users, being family members and friends of a care recipient are located overseas, they will securely be connected to the data sources in Australia that they have been granted access to by the family care admin and the individual to which the data relates;
  5. In the event that a non-care recipient user of the App such as a family member or friend or medical professional, resides overseas, the responsibility to determine the suitability of their personal communications and personal information being stored in Australia is entirely their responsibility;
  6. You agree to provide, maintain and update true, accurate, current and complete Account Data, and represent that you will not misrepresent your identity or your affiliation with any person or entity;
  7. CareVision is not responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your home, business or other place of access; &
  8. By Agreeing to the terms of this Agreement, you are authorizing CareVision to utilize your Data that you submit in connection with your use of the App, to collect, use, and where necessary disclose your Data in order to provide you with access to any Services requested by you.

Section 11:  Acceptable uses of the App

  1. You acknowledge that the App is intended to be used to run across a number of devices including, smart or internet enabled televisions, mobile phones and other connected devices supplied by third party manufacturers so has to provide information, alerts and interactive communication between the members of a family care group and various health professionals.

Section 12: Consent to use of Data

  1. You agree that CareVision may collect and use technical information you provide, such as your GPS location, in relation to support services related to the App. CareVision agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services.

Section 13:  Login information, password protection and access

  1. Your access to the App must be via login credentials. You agree that you are responsible for protecting your login credentials i.e. username and password from unauthorized use, and you are responsible for all activity that occurs under those login credentials;
  2. You agree to notify to notify CareVision immediately if you believe that any of your login credentials have been or may be used without your permission so that appropriate action can be taken. You can do this by initiating a password reset and disabling all other device access once you have changed the password;
  3. You agree not to create more than one account to access the App, Share your login credentials or transfer your account to any third party;
  4. CareVision is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your login credentials; &
  5. CareVision may terminate any Login Credentials in its sole discretion, you may not be permitted to create a new account to access the App or content if your prior login credentials have been terminated by CareVision.

Section 14: Feedback

  1. Both parties agree that neither party has an obligation to provide Feedback;
  2. The parties agree that in the event you or CareVision provide information to the other party on how to design, implement, or improve the App or your product(s) for use with the App useful Feedback may arise;
  3. In the event either party provides Feedback to the other party, the party receiving the Feedback may use any Feedback that the other party voluntarily provides to improve the (i) App or other related CareVision technologies, respectively for the benefit of CareVision; or (ii) your product or other related technologies, respectively for the benefit of you. Accordingly, if either party provides Feedback to the other party, both parties agree that the other party and its respective licensees may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the (i) App or other related technologies; or (ii) your products or other related technologies; &
  4. Feedback from either party is provided for the other party’s use “as is” and both parties disclaim all warranties, express, implied and statutory including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Both parties do not represent or warrant that the feedback will meet the other party’s requirements or that the operation or implementation of the feedback will be uninterrupted or error-free.

Section 15:  Warranties

  1. The App is provided subject to the ‘Disclaimer of Warranties and Liability’ section of the CareVision Website Terms and Conditions;
  2. Service Providers have no warranty obligation hereunder and give no guarantees with respect to the App or in relation to the sale, distribution or use thereof;
  3.  Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to CareVision’s warranty will be CareVision’s sole responsibility; &
  4. Service Providers shall not be responsible for any breach of this Agreement. Service Providers exclude any implied warranties or conditions, including, without limitation, any implied warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to this Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform.

Section 16:  Service providers & third party beneficiaries

  1. You acknowledge and agree that Service Providers are third party beneficiaries of these terms and upon your acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.

Section 17:  Term, breach & termination

  1. The license is effective for an indefinite period of time, until CareVision terminates it, or until you provide notice to CareVision of your decision to terminate it. Your rights under this license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement;
  2. This Agreement and any license granted herein may be suspended or terminated by CareVision immediately and without notice if you fail to comply with any term or condition of this Agreement. In addition, CareVision may at any time suspend your access to the App, if you are in breach of this Agreement or using the App in a manner that impairs the operation of the App or that violates the privacy policy;
  3. You acknowledge and agree that the App is continuously under development for the purpose of continuous improvement in features and commercial benefit. CareVision may change the App, add or remove features at its sole discretion, and reserves the right to terminate part of, suspend, discontinue, enhance, update or otherwise modify the App, or in whole the provision of the App and related services or its availability to you, at any time without notice; &
  4. On termination of this Agreement, your right to access and use the CareVision Software, will terminate immediately. CareVision will not have any liability whatsoever to you for any termination of this Agreement.

Section 18:  Product claims

  1. You acknowledge that CareVision, not any Service Provider, is responsible for addressing any claim you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: Product liability claims; Any claim that the App fails to conform to legal or regulatory requirement; & Claims arising under consumer protection or similar legislation.

Section 19:  Disclaimer of warranties

  1. The App is provided “as-is” and “as available” and CareVision expressly disclaims any warranties and conditions of any kind, either express, implied, or statutory, including, but not limited to, warranties of title and non­infringement, any implied warranties, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. CareVision makes no warranty that the App: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. No oral or written information or advice given by care vision or a CareVision authorized representative shall create a warranty;
  2. In no event does CareVision provide any warranty or representations with respect to any third party hardware or App and CareVision disclaims all liability with respect to any failures thereof;
  3. Applications are inherently subject to bugs and potential incompatibility with other applications, App and hardware. You should not use the App for any application in which failure could cause any significant damage or injury to persons or tangible or intangible property; &
  4. All Data contained on or within the App is for informational purposes only. CareVision does not provide any legal, medical, or financial advice. For specific advice on legal, medical, or financial matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area.

Section 20:   Indemnity

  1. You agree to indemnify and hold CareVision, its officers, agents, or employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of CareVision Software or Services, your violation of this Agreement or applicable laws or regulations; &
  2. CareVision reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of CareVision. CareVision will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Section 21: Limitation of liability & releases

  1. To the maximum extent permitted by applicable law, in no event shall CareVision or related party or its suppliers be liable for any special, incidental, indirect, punitive, exemplary, reliance, damages for bodily injury, death, or damage of personal property or consequential damages whatsoever (including, without limitation, the cost of cover, damages arising from loss of Data or other information, use, profits or goodwill, damages for loss of business profits, , business interruption, loss of business information, loss of privacy, or any other pecuniary loss) arising out of the use or related to the use of the CareVision Web site and/or App, even if CareVision or any supplier has been advised of the possibility of such damages however caused and on any theory of liability arising out of this Agreement. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy;
  2. You hereby release and forever discharge CareVision (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other site users or third party service providers; &
  3. You agree that CareVision’s maximum aggregate liability arising out of this Agreement and/or your use or possession of the App, including without limitation any claims in tort (including negligence), contract, breach of warranty, strict liability or otherwise, and for any and all claims combined, will not exceed Aud $100.00.

Section 22: Assumption of risk

  1. The App is designed to provide an individual and their nominated care circle, and designated third-party with some basic health-related information based on your use of the Software. The App and any related data supplied to you by CareVision does not provide medical advice. By granting you the right to use the Software, CareVision does not assume any obligation or liability with respect to your health. In no event shall CareVision be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the App or any activity you undertake in connection with your use of the Software.

Section 23: Ads searches and links to third party content or sites

  1. You agree that CareVision may provide links to third-party web sites. CareVision also may select certain sites as priority responses to search terms you enter and CareVision may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. CareVision does not recommend and does not endorse the content on any third-party sites;
  2. CareVision is not responsible for the content of linked third-party sites, sites framed within the CareVision Software, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy;
  3. Your use of third-party websites is at your own risk and subject to the Terms of Service of use for such sites. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third party sites;
  4. You acknowledge and understand that should you choose to provide any individually identifiable information or Data to such third party sites, the recipients of such individually identifiable information or personal health information may not be subject to the same obligations under the Health Data Laws. It is your sole responsibility to vet and verify the suitability of third party sites, including review of the terms and conditions, privacy policy and any other policy they may provide so as to ascertain suitability of your use or non-use of such sites; &
  5. CareVision does not endorse any product, service, or treatment advertised on the CareVision web site.

Section 24: No implied licenses

  1. Under no circumstances should anything in this Agreement be construed as CareVision granting by implication, estoppel or otherwise, a license to any CareVision product or technology other than the App or any additional license rights for the App other than the licenses expressly granted in this Agreement.

Section 25: Governing law

  1. This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia without regard to its conflicts of laws provision. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Sydney, NSW, Australia or any federal court located therein. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys’ fees) that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained

Section 26: Entire Agreement

  1. This Agreement (including any addendum or amendment to this Agreement) is the entire Agreement between you and relating to the App, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the App.  Any failure by CareVision to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
  2. To the extent the terms of any CareVision policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall prevail.

Section 27: Conflict between the English and any non-English versions

  1. In the event of a conflict between the English and any non-English versions of this Agreement, the English version shall govern. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision and the remaining provisions of the Agreement will remain in force and effect.

Section 28: Severability of terms

  1.  If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Section 29: Notices, App questions and contact

  1. Notices to you hereunder shall be sent to the email address provided by you when you registered to download and install the Software. Notices to CareVision shall be sent to the attention of its CEO at PO BOX 962, North Sydney, NSW, 2059, Australia. Each party may change such address upon written notice to the other party.
  2. CareVision not any service provider, is responsible for addressing any questions, comments or claims relating to the App and/or your use of the App. See below the CareVision addresses to which you can direct your questions:

 

CareVision Address:   CareVision Pty. Ltd.

Attention: Office of the Chief Executive Officer

PO Box 962, North Sydney, NSW, Australia, 2000

Phone: 1300 324 070

Last revision: 7 October 2016