Terms of Use

Last Updated: 14th April 2020

Welcome to Digital Health Guide

Welcome to Digital Health Guide (“ DHG”), an innovative solution owned by Healthcare Software Pty Ltd (ABN 75 094 641 755) ("Healthcare Software", "we", "us" or "our") that provides information and a directory of mobile health apps and digital health solutions.

You acknowledge and agree that your access to and use of DHG is governed in accordance with these terms and conditions (Terms of Use) which shall form a legally binding agreement between you and Healthcare Software.

You should review these Terms of Use carefully before using DHG. By indicating your acceptance to these Terms of Use by clicking "I accept" when prompted, or by continuing to use DHG, you acknowledge and agree that you have had an opportunity to read and understand these Terms of Use and you agree to be bound by their terms and conditions. If you do not agree with all of the terms contained in these Terms of Use you should not access or use DHG.

You acknowledge that we may amend these Terms of Use from time to time in our absolute discretion. Any changes will be published on our website and notified to you by email to the email address provided by you to us (if any) and also via a notification in DHG. If you do not accept the changes to the Terms of Use you cannot continue to use DHG. By using DHG, you agree that the then current version of these Terms of Use applies to your use of DHG.

Accessing DHG

In order to access DHG, you will be provided with a User Name and Password to login to the system. Together, these details constitute the authentication credentials (Credentials) you will use to sign on to DHG.

It is your responsibility to protect your Credentials. Do not share your Credentials with others. You must notify us immediately if you become aware of any unauthorised use of your Credentials or the DHG system.

DHG is designed for persons over 18 years of age only. Children under the age of 14 years should only access their Account while under the supervision of a parent, legal guardian, or other responsible adult.

Your use of DHG

As a condition of your use of DHG, you agree that you will not use DHG for any purpose that is prohibited by these Terms of Use. In particular, you agree not to:

  • share your DHG account with any other person;
  • expressly or impliedly impersonate any other person or entity or use the Account or password of another member at any time;
  • use DHG to defame, abuse, harass, stalk, threaten or otherwise offend any person;
  • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software on the DHG, including, but not limited to harvesting or scraping of DHG content;
  • engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the DHG;
  • upload, post, email, transmit or otherwise make available using DHG any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation;
  • use the DHG for any commercial purpose whatsoever, including, without limitation, raising money, advertising or promoting a product, service or company; or
  • breach any laws or regulations which are applicable to your use of DHG in your jurisdiction.

Appropriate legal action will be taken by Healthcare Software in respect of any use of DHG that breaches the above terms.

Privacy

All reasonable steps will be taken to ensure any information provided by you will be held in the strictest confidence. Healthcare Software does not provide details to any other organisation, nor are details used for any other purpose than to do business with you.

Every effort will be made to ensure that whatever information you provide will be held in a secure environment. Healthcare Software reserves the right to contact you regarding the information you provide or any other matter that might affect our service to you and/or our records about you. We will, at your request, provide you with details of any information which we have collected about you through use of the DHG.

If you believe any information is inaccurate, incomplete or out of date, please contact us and we will revise the relevant information.

We may, on occasions, use this information to notify you of any important changes to our site or any special promotions that may be of interest to you.

Exclusion of Warranties and Disclaimer

DHG and any information contained in DHG is provided to you "as is" and on an "as available" basis. To the maximum extent permitted by law, Healthcare Software expressly excludes all representations, warranties, guarantees and endorsements, whether express or implied, in relation to DHG, including, without limitation any warrant that:

  • DHG will meet your requirements or expectations;
  • The DHG provides references, information and links to other internet sites (“OIS”) and apps. Healthcare Software has no direct control over and takes no responsibility for, the content of any OIS that is linked or referenced to DHG. These links, information and references are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with OIS or apps. It is the responsibility of the users to make their own decisions about the accuracy, currency, reliability and correctness of information contained in OIS and apps. Our links and references with OIS and apps should not be construed as an endorsement, approval or recommendation by us of the operators of those Internet sites or apps of any information, graphics, materials, products or services referred to or contained on those OIS or apps.
  • you will receive continuous, uninterrupted or secure access to DHG or that its servers are free of computer viruses, bugs or other harmful components or that any defects with DHG will be corrected within a reasonable time; or
  • any information obtained via DHG will be accurate, complete, reliable, up to date and suitable for your own individual purposes,

and accordingly, you use DHG at you own discretion and risk and will be solely responsible for any loss or damage of any kind that you suffer as a result of or in connection with any disruption or other difficulties you experience in using DHG or arising from your reliance on any information obtained via DHG.

All information made available on DHG is for information purposes only and is not a substitute for the advice of a qualified healthcare professional. In case of a health emergency, or if you have or suspect that you have a serious medical problem or condition, DO NOT contact us using this Web site. Please contact a qualified healthcare professional and/or call your emergency service immediately. You should never disregard medical advice or delay in seeking it because of information you have read on DHG or the medical history you receive through Healthcare Software's services.

Limitation of Liability

To the maximum extent permitted by law and except where the relevant liability arises as a result of fraud or wilful misconduct on the part of Healthcare Software, Healthcare Software hereby expressly excludes all liability to you for any loss or damage (including, without limitation, direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit or loss of corruption or data) arising out of:

  • your access to, use of, or inability to access or use the DHG;
  • your use of, or reliance on, any information made available on the DHG;
  • any errors or omission in the information made available on the DHG, whether or not we are aware of such errors and omissions,

howsoever caused and whether arising in contract, tort, under statute or otherwise.

We acknowledge that certain legislation including the Australian Consumer Law, may imply warranties or conditions or impose obligations, remedies or guaranties which cannot be excluded, restricted or modified by law. To the extent that such legislation applies, these Terms of Use must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, and to the extent permitted by law, Healthcare Software limits its liability pursuant to those provisions to the resupply of the relevant services or the payment of the cost of having the services supplied again.

Indemnity

You agree to indemnify Healthcare Software, our employees, commercial partners, licensors, contractors, officers, agents, related bodies corporate, and suppliers (Protected Parties) from all reasonable costs and expenses, losses and liabilities, claims, fines, penalties, demands, proceedings (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

  • any use or misuse of DHG by you or by any other person accessing DHG using your user account or password;
  • any breach of these Terms of Use or any intellectual property or other right by you or any other person accessing DHG using your user account or password; and
  • any breach of an applicable law, regulation or licence arising from your use of DHG or from the use of DHG by any other person accessing DHG using you user account or password.

Changes to DHG

We may, from time to time, change or add to DHG without notice. In the event we make changes to DHG, your access to DHG and any information contained on it may be limited or unavailable on a temporary or permanent basis. We will not be liable to you or any third party for any loss such suspension, termination, change or discontinuance may cause. We do not undertake to keep DHG up to date and we will not be liable to you or anyone else if errors occur in the information in DHG or if that information is not up to date. We reserve the right to cease operating DHG at any time and for any reason.

Account Suspension or Cancellation

We may suspend or cancel your account and/or your access to DHG, with or without notice to you if:

  • you do not comply with these Terms of Use;
  • we are investigating a suspected breach by you of these Terms of Use;
  • we form the view, acting reasonably, that it is necessary to do so in order to protect the security and integrity of DHG or the interests of other members, Healthcare Software, the Protected Parties or any third party;
  • if you are eligible for DHG based on your membership of an organisation that is one of our commercial partners, and you stop being a member of, or having any relationship to, that organisation or if you no longer qualify for DHG under that organisation’s access rights.

Copyright and Intellectual Property

The DHG is protected by Australian and International copyright laws. Healthcare Software hereby reserves any and all intellectual property rights in DHG that have been created by Healthcare Software.

Your use of DHG, and use of and access to any data or information contained in or referenced by DHG, is for your personal, non-commercial use only. Use of the App does not grant or transfer any right, title or interest to you in relation to DHG or the Content. We grant you a licence to access DHG and view the Content only in accordance with these Terms of Service, and, where applicable, as expressly authorised by us and/or our third party licensors.

You may not, without the prior written permission of Healthcare Software and the written permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, communicate, post, distribute, show or play in public, adapt, change in any way or reverse engineer the Content, DHG or any third party content displayed on DHG for any purpose, unless otherwise expressly provided by these Terms.

Governing Law

These Terms of Use are governed by the laws in force in Tasmania, Australia and you submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or the DHG .

Entire Agreement

These Terms of Use embody the entire agreement and understanding between the parties concerning its subject matter and succeeds and cancels all other agreements and understandings concerning the subject matter of these Terms and any warranty, representation, guarantee or other term and condition of any nature not contained in these Terms of Use is of no force and effect.

Severability

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Invalid or unenforceable provisions

The provisions in this agreement relating to Limitation of Liability and Indemnity are for the benefit of Healthcare Software and their Protected Parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Waiver

Healthcare Software's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any cause of action or claim you may have with respect to your use of DHG must be commenced within one (1) year after the claim or cause of action arises.

Survival

The provisions in this agreement relating to Limitation of Liability and Indemnity will survive the termination of this Agreement.

Assignment

Healthcare Software and the Protected Parties may assign their rights and duties under this Agreement to any party at any time without notice to you.

Notice

Healthcare Software may deliver notice to you under these Terms of Use by;

  • a general notice through the DHG;
  • email, to your address on record in your DHG Account; or
  • post, to your address on record in your DHG Account.

Contact us

Please contact us at support@digitalhealthguide.com.au

Effective Date: 31 March 2020