Effective: June 15th 2020
This agreement (“Terms of Service”) is made between you (“the Participant”) and Flinders University (ABN 65 542 596 200) established under The Flinders University of South Australia Act 1966 (SA) and goAct Pty Ltd (ABN 28 142 877 049).
Flinders University and goAct are the operators of:
- the MINDtick App website (“the Site”);
- the Android and iOS MINDtick App (“the App”); and
- the MINDtick App dashboard (“the Dashboard”).
goAct Pty Ltd is responsible for hosting and maintaining the Site, the App and the Dashboard (collectively “the Services”) on behalf of Flinders University.
Flinders University and goAct Pty Ltd may also be referred to as “we”, “our” or “us”.
To the extent permitted by law (including the provisions of the Australian Consumer Law), we offer the Services “AS IS” and without warranties whether express or implied. Please read these Terms of Service carefully before you use or register for the Services in your capacity as an individual user. The Services are an information resource only and is not and should not be used as a substitute for medical advice, diagnosis or treatment.
1. About the Services
Participants self-report their health symptoms into the App, which combines this information with the Participant’s phone location (“the Data”). The Data will only ever be accessed by your treating health professional (clinician) – based on the Clinician Referral Code applied during the registration process. Further to this, the Data may be deidentified and anonymised and shared with Flinders University, Government health organisations (including SA Health), and the South Australian Health and Medical Research Institute (SAHMRI) (collectively “the Health Authorities”). The Health Authorities utilise this information to collate data on symptoms within the community.
The information we provide through our Services is not intended to be, and should not be treated as, providing professional or medical advice.
2. Changes to these Terms of Service
When you register with our Services as a Participant you are required to provide personal details such as your email address, gender and date of birth. You will be required to create a password in order to access and upload information via the App.
The Site and the Services are offered only to users 18 years of age or older. If you are under 18 years old, please do not use the Site and/or the Services. Any person who registers with the Services represents to us that they are 18 years of age or older. You warrant and represent that the information you provide via the Services is (and will remain) accurate, true and correct and that you will inform us as soon as possible in the event there is any inaccuracy to your personal information within the Services.
You shall indemnify us in accordance with clause 11 of these Terms of Service for any liabilities, claims, damages, loss and expenses suffered by us arising from your negligence or breach of these Terms of Service.
4. Your Personal Information
5. We Do Not Provide Medical Advice
The Site and the Services are designed for information purposes only.
You must not rely on this information as a substitute for, nor does the information replace, professional medical advice, diagnosis or treatment.
If you have any concerns or questions about your health, you should take your own steps to seek out and consult with a suitably qualified health care practitioner.
6. Your Responsibilities
You are responsible for your use of the Services, including use by others to whom you have permitted to access your information on the Services. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen.
You may use the Services for lawful purposes only. You may not use the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorised access to any Services, user accounts or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
7. We Make No Warranties
We provide the Services “as is”, “with all faults” and “as available.” To the extent permitted by law, we make no express or implied warranties, representations or guarantees about the Services or information contained on the Services. However, nothing in this clause or these Terms of Service is intended to limit or exclude any non-excludable rights or consumer guarantees under Australian Consumer Law.
We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by any representative shall create a warranty. You use the Site and the Services at your own risk.
We take reasonable steps to secure our Services. However, you acknowledge that there are risks that information which is sent to or from our Services may be modified, intercepted or corrupted by third parties. Furthermore, we accept no liability for any damages to or interference with your computer or device used in connection with our Services. You agree that your use of our Services is solely at your own risk.
9. General Limitation of Liability
You agree that your use of any information on our Services is at your own risk entirely and that our Services may contain inaccuracies or errors.
To the maximum extent permitted by law, your sole and exclusive remedy for any dispute with us or our contributors is re-performance of the Services. We shall not be liable for any indirect, special, incidental or consequential loss (including loss or profit, opportunity or revenue) or exemplary damages arising from your use of or inability to use the Services.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service, or other policies and terms, by you or anyone using your personal information.
We reserve the right to terminate or suspend your registration at any time should we form the view, in our absolute discretion, that our or the Site’s reputation, brand, operations (including the website and users) or business (including our partners and affiliates) may be affected or harmed as a result of your registration on the Site.
We may also terminate or suspend your registration on any other grounds we consider reasonable, in our absolute discretion, including if you have failed to provide any consent or authorisations reasonably requested by us and required by law or good practice in order for us to provide the Services, or if we are notified that you may have engaged in identity theft or fraud or due to inactivity for an extended period, but we will attempt to notify you in advance of such cancellation or suspension.
Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law including for the purposes of making a report to police in relation to identity theft or fraud.
You may terminate your registration at any time. We recommend that you transfer any records or other information prior to terminating your registration.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies and suppliers, from all liabilities, claims, damages, loss and expenses, including attorney’s fees, that arise from your use or misuse of the Services including, but not limited to, your reliance on any information presented within the Services and your posted content, or for your negligence or breach of these Terms of Service. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
12. Electronic Contracting and Notices
You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Site and/or the Services (collectively, “Notices”). We can send electronic Notices to the e-mail address that you provided to us during registration. Alternatively, we may post the Notice on the applicable Service or otherwise through the Site. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service.
In order to receive Notices electronically, you must have a personal computer or device (e.g. smartphone) with an internet connection. You can retrieve an electronic copy and a printable version of this agreement by clicking on the “Terms of Service” link within any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
13. Entire Agreement
These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Site and/or the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements.
14. Choice of Law and Location for Resolving Disputes
You agree that the law of the State of South Australia, Australia governs these Terms of Service and you submit to the exclusive jurisdiction of the courts of South Australia in respect of any claim or dispute in connection with the Services or these Terms of Service. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of South Australia.
15. Relationship of the Parties
The parties are independent contractors with respect to each other. These Terms of Service do not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that we have no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
The failure by us to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the other provisions of this agreement shall remain in full force and effect.
Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this agreement.
The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
17. Intellectual Property
All copyright, trademarks and all other intellectual property rights in the Services and all software and source codes connected with the Services (Intellectual Property) is owned by us. Any use of the Intellectual Property without our express permission is prohibited
You may contact us in the following ways: