Terms and Conditions

WELCOME

Welcome to Family HQ! We are proud to offer you a platform where you can record health and medication information, for the people you care about. But first, there are some terms and conditions that we need to cover to make sure we’re all on the same page.

TERMS AND CONDITIONS

This online platform (Platform) is operated by Family HQ Pty Ltd ABN 76 633 933 285 (we, our or us).  It is available as a mobile application, and may also be available through other addresses or channels.

Disclaimers

IN AN EMERGENCY

If someone is experiencing emergency symptoms such as chest pains, difficulty breathing or is unconscious or if you otherwise suspect someone has suffered an overdose:

+ call 000 immediately; and/or

+ call the Poisons Information Hotline immediately – 13 11 26.

NOT A MEDICAL SERVICE

The Platform is not a medical service and is not intended to be used in an emergency. It is solely a secondary tool provided for your convenience.

INSERT THE CORRECT WEIGHT

You must enter the correct weight and age into the Platform for the person whose health information is being managed through the Platform.

A failure to insert the correct weight will result in inaccurate calculations and information.


No Medical

All of the information and materials available on or in connection with the Platform (Content), is intended to provide you information only. You acknowledge and agree that nothing on the Platform is medical advice, treatment or a diagnosis, nor is it intended to be a substitute for seeking professional medical advice. Any notification or enablement of a reminder system, in relation to a medication, is not an endorsement or recommendation for that medication. The absence of a warning for a medication reaction or interaction with other medication does not indicate that the medication is safe to use.

The information provided via the Platform is not intended to be comprehensive. The Content does not consider your specific needs or circumstances. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

You should not disregard professional medical advice or delay in seeking advice because of something you have seen or read on the Platform. If you think you have a medical emergency, call the emergency number in your country immediately.

App is a Secondary Tool

The Platform is intended as a secondary tool that you can personalise for taking and giving medication.  You should not rely on the Platform as your primary tool for determining whether and when to take medication.

The Platform may not function as intended. Specifically, the Platform will not function properly if your device is broken or powered off, if the Platform software is not enabled or if any hardware or software on your device prevents the Platform from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the Platform, and the utility of any of its content, alerts or notifications, depends on information that you input into the Platform, especially information relating to weight. You are solely responsible for ensuring that accurate information is input and that the correct medication is taken at the proper times and in the proper dosages. We do not take any responsibility for any failure in a reminder or warning system feature of the Platform.

We do not verify the information that you input into the platform, or the correctness or completeness of your setting or entries into the Platform. Always read the packaging of any medication you take or provide to others.

Acceptance

You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by clicking an ‘I accept’ button (or similar) to indicate your acceptance. You must be over 18 years of age to use our Platform.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Signing up to our Platform

After downloading our mobile application . You can create an account for free via the Platform and you may be offered the option to create an Account using an existing third party account, such as a Facebook or Google account. You must provide basic information when registering for an Account including your name, gender, postcode, and relationship to the persons being cared for, and you must choose a password (unless using an existing third party account, in which case your password will be that of your third party account).

You may choose to create profiles for the people that you regularly provide medication to (each a Person Profile). You must add information such as the name, date of birth, weight, height, and known allergies of the individual the subject of the Person Profile, or any other information as set out on the Platform. You must provide accurate, current and complete information when creating your Account and setting up a Person Profile and you must update such information to keep it accurate, current and complete. If you fail to provide correct information about yourself or an individual the subject of a Person Profile, the Platform may not function as intended.

You are the Account owner and regardless of any change in any contact details, you will remain responsible for your Account, as set out in these Terms.

Subject to the available functionality of the Platform and to your Account entitlements, you may be provided the option to invite a second Account holder to share your Person Profile/s. The second Account holder may view your chosen Person Profile/s, share information about, and edit your Person Profile/s.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, and purchases made using your Account details, whether or not you authorised such activities or actions.

You will immediately notify us of any unauthorised use of your Account.

Your representations and warranties

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; (3) all information you provide to us in connection with the Platform will be true, accurate and complete; and (4) you are solely responsible for any User Content (defined below) and for managing your Person Profiles.

 

Your Subscription

To access certain features of the Platform you will require a paid subscription (Subscription). We set out on the details of our Platform and the various services we offer to you (our Services), including the packages for each Subscription that we offer. All the details of what we include in our Subscriptions are set out on our Platform.

Subscriptions either (1) renew on a monthly basis, with monthly payments (Monthly Subscriptions); or (2) renew on an annual basis, with annual payments (Annual Subscriptions). You can use your Account to sign-up for a Subscription on our Platform.

Subscription Fees

You must pay us the fees set out on the Platform in relation to your chosen Subscription (Subscription Fee) in order to receive the Services outlined in your Subscription.

You must pay the Subscription Fee for:

·         your Monthly Subscription in advance of the next month via the payment details linked to your Apple or Google account (Monthly Payment Date); and

·         your Annual Subscription in advance of the next year via the payment details linked to your Apple or Google account (Monthly Payment Date),

(each your Payment Date).

We may modify the Subscription Fees from time to time upon 7 days’ written notice to you by email. The updated Subscription Fees will apply to your next Payment Date.

Upgrades and Downgrades

You may be able to upgrade or downgrade your Subscription by using the Platform functionality.

For Monthly Subscriptions, a downgrade will come into effect on your next Payment Date, and an upgrade will take effect immediately that your Subscription Fee has been paid.

For Annual Subscriptions (1) and you must pay to us the new Subscription Fees on the Payment Date which the downgrade takes effect; and (2) any upgrade will come into effect when you pay us the new Subscription Fees for the upgrade.

We do not allow for a Subscription to be put on hold or “frozen”.

Support

If you experience any issues with the Platform, please notify us by emailing us or using the “contact us” (or similar) section of the Platform and we will contact you to resolve the issue. We will provide technical support to you, provided that where required, you assist us in investigating and ascertaining the cause of the fault and provide us with access to all necessary information relevant to the fault (including what you have done in relation to the fault).

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; (2) using our Platform to defame, discriminate against, harass, abuse, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform; (5) knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (6) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (7) using our Platform to send spam; or (8) facilitating or assisting a third party to do any of the above acts.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all Content.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and Content in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

Other than as expressly permitted by these Terms, you must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform or any Content, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

Despite anything to the contrary, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform and Services, in an aggregated and anonymised format (Analytics). You agree that we may use such Analytics to improve the Platform and Services, and for research purposes and that we may make such Analytics publicly available, provided that it does not contain identifying information. We, and our licensors own all rights, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.

User Content

You may also be permitted to post, upload, publish, submit or transmit relevant information and content on or through our Platform, including photographs of you or your family members to Person Profiles (User Content).

User Content is stored on our server and accessed by you via the Platform using the internet, with the exception of photographs related to medical records which are solely stored locally on your device.

By creating or making available any User Content on or through our Platform, you grant to us a licence to use and view the User Content, solely for the purpose of providing the Platform and our Services to you. We will not use, view, alter, copy, or modify the User Content for any other purpose.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Exclusion: You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Liability

In these Terms and Conditions, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control (whether known or unknown at the time if entering into these Terms).

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if no Subscription Fees have been paid by you to $100; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

Third Party Inputs

You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with (1) any wilful misconduct or negligence by you; (2) any breach of any third party rights by you (including privacy rights); or (3) any breach of applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This clause will survive the termination or expiry of these Terms.

Termination

You may terminate your Subscription at any time via the “cancel Subscription” feature (or similar) on our Platform and your Subscription will terminate on the date that we receive your termination notice. You will not be charged the Subscription Fee from the next Payment Date. You can continue using your Account until the end of the then current billing period.

You may terminate your Account and these Terms at any time by sending us an email to the address at the end of these Terms and these Terms will terminate on the date that we receive your termination notice. If you have an active Subscription, you will not be charged the Subscription Fee from the next Payment Date.

We may suspend your Subscription, your Account or terminate your Subscription and/or these Terms immediately, if: (1) in our sole determination you bring our Platform or our users into disrepute; (2) you are in breach of these Terms (including for non-payment of our Subscription Fees); (3) if you are in breach of any applicable laws, regulations or third-party rights; or (4) if you threaten or initiate a legal claim to which we are a party. To the maximum extent permitted by law, no refunds will be made upon termination by us in accordance with this clause.

We may also terminate your Account and these Terms without cause by giving you 7 days’ notice. If we do so, and you have an active annual Subscription, .

You may terminate your Account and these Terms immediately if we are in material breach of these Terms and you provide notice to us of this material breach and within 14 days of receiving such notice from you, we have not remedied the material breach. Where you terminate in accordance with this clause, we will provide you a pro-rata refund of any Subscription Fees paid in advance by you in connection with the unused portion of your Subscription.

On expiry or termination of these Terms and your Account (1) we will stop providing the Platform and any Services to you and you must immediately cease using the Platform and any Services; (2) ; and (3) you will not be entitled to continue using or receive a copy of any Content or User Content from us.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any non-paying user from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment and you have an active Subscription, you may terminate your Account and any annual Subscription Fees paid in advance by you in connection with the unused portion of the Services.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days’ prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Family HQ Pty Ltd ABN 76 633 933 285

Email: info@familyhq.com.aom

Address: 24 Fitzroy Street, Tamworth, NSW, 2340

Last update: 15 May 2020