Please carefully read these terms and conditions (Terms of Use) in conjunction with our Privacy Policy for download, installation, display and use of the ConnectED mobile application (Application) before you download, install, display or use the Application. If you do not agree with these Terms of Use, you must cease downloading, installing, displaying or using the Application immediately.
1. INTERPRETATION
1.1 In these Terms of Use:
1.1.1 the expression User, you and your refers to the person or organisation accessing and using the Application;
1.1.2 ConnectED means Tracsam Pty Ltd ACN 668 619 314 and its associated entities;
1.1.3 Individual Health Assessment Report means the assessment report generated in the Application;
1.1.4 Privacy Policy means any privacy policy of ConnectED as amended from time to time.
2. ELIGIBILITY
2.1 The Application is not intended or designed for children under the age of twelve (12). The diagnostic criteria for this age group is currently under review by the relevant medical authority and bodies. ConnectED therefore does not recommend use for children under the age of twelve (12).
2.2 If you are under eighteen (18) years old, usage of the Application and your agreement to these Terms of Use require the consent of your legal guardian.
2.3 If you are using this Application for another person, you remain fully responsible for ensuring that the use on behalf of that person is permitted under privacy and other applicable legal requirements.
3. GENERAL DISCLAIMER
3.1 All information contained within the Application and the Individual Health Assessment Report are based on sources considered to be reliable and accurate at the time of publication. However, changes in circumstances subsequent to publication may impact on the accuracy of the information and ConnectED does not warrant that the information is free from errors or omissions.
3.2 The Application’s diagnostic features are intended to provide informational insights and should not be used as a definitive diagnosis. All information contained within the Application and the Individual Health Assessment Report is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your doctor or other qualified healthcare provider for any medical concerns or conditions.
4. ADDITIONAL TERMS OF USE
4.1 The Application’s diagnostic features are intended to provide informational insights and should not be used as a definitive diagnosis. All information contained within the Application and the Individual Health Assessment Report is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your doctor or other qualified healthcare provider for any medical concerns or conditions.
4.2 If any of the provisions of the Third Party Terms conflict with these terms, these Terms of Use will apply to the extent of any inconsistency.
5.TERMS OF USE
5.1 By downloading, installing, displaying or using the Application you accept these Terms of Use and you agree to abide by them as a legally binding agreement between you and ConnectED. Your download, installation or use of the Application constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install, display or use the Application.
5.2 The Application is owned and operated by ConnectED. ConnectED reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Application to incorporate new Terms of Use. ConnectED will notify you of any changes or additions to this Terms of Use at least twenty-one (21) days prior to these changes taking effect (Notice) (Notice Period). If you do not object within the Notice Period, such changes will take effect and your continued use of the Application after the end of the Notice Period will constitute your acceptance of the changes of the Terms of Use. ConnectED will inform you of your right of objection and the consequences of the objection in our Notice to you. If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of the Application to you, ConnectED is entitled to terminate the these Terms of Use no earlier than the effective date of the changes set out in the Notice. Any other right of termination remains unaffected.
5.3 It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Application.
6. USER LICENCE
6.1 ConnectED grants the User a personal, non-exclusive, non-transferable, limited and revocable license (User License) to use the Application for use only on a mobile device (Device) owned or controlled by the User as permitted in accordance with these Terms of Use.
6.2 Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, QR codes, video, data, hyperlinks, displays and other content associated with the Application is prohibited.
6.3 This Terms of Use and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
7. USE OF THE APPLICATION
7.1 You may download the Application, to view, use and display the Application on your Device for your personal use only.
7.2 You acknowledge that you have no rights in, or to, the Application or any technology used or supported by the Application, other than the right to use the Application in accordance with these Terms of Use.
7.3 To access the Application, you must have a device with access to a telecommunications provider. Notwithstanding that the Application may be free to download your provider’s rates and fees will apply for accessing and downloading information within the Application.
7.4 You must:
7.4.1 use the Application in accordance with these Terms of Use;
7.4.2 not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever;
7.4.3 not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Application;
7.4.4 You must not work around any technical limitations in the Application or attempt to run the Application on any unsupported platform;
7.4.5 not use the Application in any way that could damage, disable, overburden, impair or compromise the Application; and
7.4.6 comply with all applicable laws and regulations relating to use of the Application.
7.5 You may not upload any content to the Application that you did not create, do not own or do not have permission to upload.
7.6 You are solely responsible for providing the photos, profiles (including name, image, and likeness), messages, notes, text, information, video, listings, and other content that you upload, publish, display or share on or through the Application.
7.7 You are responsible for:
7.7.1 maintaining (and updating) the accuracy of any information contained on or in the Application;
7.7.2 any information shared by you through or via the Application;
7.7.3 for creating backup copies of any content uploaded to the Application.
7.8 ConnectED may in its sole discretion, acting reasonably, backup and/or remove any content uploaded to the Application that in ConnectED’s sole opinion violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
7.9 You must notify ConnectED immediately if you become aware of any unauthorised use of the Application.
7.10 ConnectED provides no warranty that the Application will be error free nor that the Application will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Application.
8. APPLICATION UPDATES
8.1 The Application may receive periodic updates, which may include new features, enhancements, bug fixes, and other improvements. These updates are intended to improve the user experience and the functionality of the Application.
8.2 ConnectED reserves the right to determine the form and means of providing any Application updates, including but not limited to automatic updates, manual updates, or requiring the installation of the latest version. These updates may affect your activities on the Application.
8.3 To install and use the Application updates, you may be required to have a compatible device and meet the minimum system requirements. ConnectED is not responsible for any failure to install or use updates due to incompatibility or failure to meet the specified system requirements.
9. TERMINATION
9.1 Your use and continued use of the Application is your agreement to be bound by the Terms of Use. If you do not agree to these Terms of Use or the Privacy Policy, you may immediately cease using the Application and delete the Application from your Device. You are responsible for ensuring the security of your Device and your data.
9.2 If your use of the Application forms part of any arrangement you may have with any third party, termination of your arrangement with that third party for any reason whatsoever may result in the termination of these Terms of Use and a suspension and/or disablement of your access to all or part of the Application (unless otherwise agreed with ConnectED).
9.3 ConnectED may cancel or suspend your use of the Application and terminate these Terms of Use at any time, with or without notice if you have breached the Terms of Use (including but not limited to a failure to pay any amounts payable by you to ConnectED).
9.4 You may stop using the Application and terminate your agreement with ConnectED at any time. Please follow the instructions on your Device to delete the Application.
9.5 ConnectED reserves the right to cease operating the Application at any time, without notice.
9.6 On suspension or termination of these Terms of Use for any reason:
9.6.1 you will have no further access to the Application. Unless otherwise agreed with ConnectED, all text, pictures, QR codes, videos, data, hyperlinks, displays and other content associated with the Application will be removed and not available for further use by you;
9.6.2 ConnectED reserves its right to retain such content and data from the Application as it deems appropriate (including but not limited to text, pictures, QR codes, video, data, hyperlinks, displays).
10. FEE
10.1 The Application is provided to you free of charge.
10.2 Should you elect to receive the Individual Health Assessment Report, you will be charged the rate stated at the time of purchase, plus any applicable taxes. You must pay the fee or charges as set out in the Application at the time of purchase. You will not be eligible to access the Individual Health Assessment Report until payment is received by ConnectED.
10.3 The Individual Health Assessment Report is purchased through the Application (In-app Purchase). The In-app Purchase is subject to the terms and conditions of Apple and Google.
10.4 ConnectED reserves the rights to vary the fees and charges applicable to the Individual Health Assessment Report at any time.
10.5 Upon payment of the Fee and receipt of the Individual Health Assessment Report by the User, the User is responsible for the safe keeping and continued access to Individual Health Assessment Report. ConnectED does not have the capability to re-send the Individual Health Assessment Report to the User in the event that the User loses access to the Individual Health Assessment Report including but not limited to loss of the email which may contain the Individual Health Assessment Report or the User resets the Application whereby losing access to the Individual Health Assessment Report.
11. INTELLECTUAL PROPERTY
11.1 All intellectual property in the information and material published on/in the Application is owned by ConnectED. You obtain no interest in the intellectual property. All content in the Application, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia and world-wide. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Application or any of its components.
11.2 You warrant that you own, or have the right to use, any intellectual property in the information and material published uploaded by you to the Application. You indemnify, and keep indemnified, ConnectED in respect of any claim, loss or damage that it may occur as a result of a breach of this clause by you.
11.3 ConnectED obtains ownership of and title to any data comprised in and forming part of the Application.
11.4 Nothing in these Terms of Use gives:
11.4.1 you a right to use any of ConnectED’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features; and
11.4.2 ConnectED a right to any of Your trade names, trademarks, service marks, logos, domain names, or other distinctive brand features used in the Application.
11.5 This clause 12 survives termination of these Terms of Use.
12. PRIVACY
12.1 ConnectED may use your personal information in accordance with its Privacy Policy. The Privacy Policy can be found within the Privacy Policy section of the Application.
12.2 You acknowledge that information about you and information provided by you, including information provided to us on signing up to the Application and your use of the Application may be held by ConnectED. This information is collected by ConnectED for the purpose of operating the Application.
12.3 You consent to ConnectED using the data contained from and within the Application for further development of the Application. You may at any time, upon written notice to ConnectED withdraw this consent.
12.4 You consent for ConnectED to provide selected De-identified personal data to the Australian POTS Foundation (the APF), which is limited to data relating to your age grouping, biological sex, gender, symptoms list and postcode. ConnectED’s interest in providing such information and data to the APF is to support APF’s medical research. You may select the option to opt out of this data sharing to the APF prior to you completing the questionnaire and survey in the Application.
12.5 ConnectedED will not collect and store your date of birth and address.
12.6 ConnectED stores the data as input by the User in the Application, such as the answers to the relevant questionnaire, but does not collect any information which may identify the personal information of a User to the relevant data set.
13. EXCLUSIONS OF WARRANTIES
13.1 All content and services on or available through the Application are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the Application or its content.
13.2 To the maximum extent permitted by law, ConnectED excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
13.2.1 any material and/or information in the Application (including any privacy policy);
13.2.2 the performance and availability of the Application; and
13.2.3 the loss, damage, corruption or degradation of any data or other material as a result of the use of the Application.
13.3 To the maximum extent permitted by law, ConnectED excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
13.3.1 the use of, reliance on, or action taken as a result of, any information or material in the Application for any decision or otherwise;
13.3.2 the upload of any information, data, notes, photographs or material to the Application;
13.3.3 accessing, displaying and using the Application and/or participating in any activities contained therein;
13.3.4 any interruption, suspension or termination of the Application in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network or third-party service provider;
13.3.5 the unavailability, unsuitability and non-connectivity of third party sites; and
13.3.6 any loss, damage, corruption or degradation of any data or other material as a result of the use of the Application and or viruses or other technologically harmful material that may infect your device due to use of the Application.
14. RISK
You access the Application and share any information on or from the Application at your own risk and ConnectED accepts no responsibility for any interference, loss, damage or disruption to your device or otherwise which arises in connection with use of the Application. You must take your own precautions to ensure that the process which you employ to obtain access to the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your device or otherwise cause you or any person loss, damage or corruption.
15. RELEASE FROM CLAIMS
15.1 You her`eby waive, release, forgive, discharge and relinquish any and all claims that you may have against ConnectED, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, access to or use of the Application including but not limited to downloading any information and materials in or from the Application.
15.2 You release and indemnify ConnectED, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (those indemnified) from and against:
15.2.1 any loss or damage or liability for any loss or damage incurred by you relating to the Application; and
15.2.2 any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:
(a) your use of the Application or any linked website, including by making or carrying out any commitments;
(b) your use of or reliance on information contained in or accessed through the Application; or
(c) breach by you of the Terms of Use.
15.3 Without limiting the above, ConnectED will use best endeavours to ensure, but cannot warrant that, the Application, information and or material available for download is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, ConnectED excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.
15.4 These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
16. THIRD PARTY WEBSITES AND APPLICATIONS
16.1 The Application may:
16.1.1 contain links to websites and applications owned and operated by third parties; or
16.1.2 be subject to the terms and conditions of use and operation of applications owned and operated by third parties.
16.2 ConnectED does not approve, endorse, recommend or sponsor these linked sites, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked websites and mobile applications, unless specifically stated.
16.3 ConnectED is not responsible for the content of these linked websites and applications and makes no representation as to the accuracy of any material on these websites or mobile applications.
16.4 ConnectED, to the maximum extent possible, excludes liability for any loss suffered as a result of use of these third-party websites and applications, or reliance on the information contained within. The terms and conditions, terms of use and privacy policies of those third-party websites and applications will apply to your use of those websites and mobile applications.
17. PUSH, EMAIL AND SMS NOTIFICATIONS
17.1 As part of installation of the Application on your device, the Application will ask if you would like it to send you push notifications, which may include alerts, badges, banners and sounds, on your applicable Device (Push Notifications). If you choose to allow Push Notifications, then the Application will generate Push Notifications on your Device and you acknowledge and consent to receipt of these Push Notifications.
17.2 You may choose to stop receiving Push Notifications at any time by selecting the applicable option within the Application’s settings menu or by deleting the Application from your Device.
17.3 You agree to ConnectED sending to you communications via email and/or SMS (Email and SMS Notifications). You acknowledge and agree that receipt of Email and SMS Notifications is dependent on the operation of your email provider and internet service provider and/or telecommunications provider. ConnectED will not be responsible or liable for any costs or damages incurred by you not receiving Email and SMS Notifications or by the insufficient operation of your device and/or mobile or data network.
17.4 You may opt out of receiving Email and SMS Notifications at any time by clicking the relevant ‘opt out’ ‘link/button that appears at the bottom of every email notification or following the instructions at the base of every SMS notification.
18. GENERAL
18.1 These Terms of Use shall be governed by and construed in accordance with the laws in force in the State of Queensland, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
18.2 These Terms of Use, together with other documents referred to in it, constitutes the entire agreement between you and ConnectED relating to use of the Application.
18.3 The invalidity or unenforceability of any provision of these Terms of Use shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.
18.4 If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:
18.4.1 it is to be read down or severed to the extent of the invalidity or unenforceability; and
18.4.2 that fact does not affect the validity or enforceability of the remaining provisions.
18.5 No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.
18.6 Should you have any questions regarding the Terms of Use please contact ConnectED by emailing at admin@connectedhealth.com.au.
admin@connectedhealth.au
Queensland, Australia
ABN: 31 668 619 314
ConnectED2023 © owned and operated by Tracsam Pty Ltd.