Terms of Use

Last Updated January 24th, 2024

Personify Care Pty Ltd ABN 95 601 519 573 and its related bodies corporate and associates (Personify Care, we, us or our) provides health services with applications that allows them to deliver remote care to their patients through digital patient pathways in preparation for their admission or treatment and in support of their recovery after an appointment or in-person care encounter.

We do this via our website at www.personifycare.com and *.personifycare.com (the "Sites"), mobile applications, phone or otherwise (collectively, the "Services"). The following terms and conditions ("Terms of Use") govern your access to and use of the Service, including all text, graphics, images, information or other materials available through the Services (the "Content"), and constitute a binding legal agreement between you and Personify Care.

You acknowledge and agree that, by accessing or using the Sites, Services or Content you are indicating that you have read, understand and agree to be bound by these Terms of Use and our Privacy Policy available at www.personifycare.com. If you do not agree to these Terms of Use or the Privacy Policy, then you have no right to access or use the Sites, Services or Content.

We do not Provide Medical Advice

The Sites, Services and Content are provided for information purposes only and should not be a substitute for medical advice, diagnosis or treatment provided by your health professional. Use of the Sites, Services or Content are not for medical emergencies. If you think you have a medical emergency, contact your local emergency services immediately.

Although we make every effort to ensure the quality of information in the Sites, Services and Content, we cannot guarantee that information provided by us through the Sites, Services or Content will meet your health or medical requirements. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you receive via the Sites, Services or Content. Reliance on information provided by Personify Care is solely at your own risk.

You acknowledge and agree that Personify Care will not be responsible for any claims, losses or damages (whether direct or indirect) arising from or relating to the misuse of, or reliance on, the information contained in Personify Care, except to the extent that such liability cannot be excluded by law.

Changes

Personify Care reserves the right, at its sole discretion, to modify or terminate the Sites, Services or Content or to modify these Terms of Use, at any time and without prior notice. If we make changes we will let you know by noting on the Sites that the Terms of Use have been updated. If you disagree with the changes to these Terms of Use, you should discontinue your use of the Sites. Your ongoing use of any of the Services, Content or of the Sites after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Use regularly.

Ownership

The Sites, Services and the Content are protected by copyright, trademark, and other laws where applicable. Except as expressly provided in these Terms of Use, Personify Care exclusively owns all right, title and interest in and to the Sites and the Content, including all associated intellectual property rights

Subject to your compliance with the terms and conditions of these Terms of Use, Personify Care grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Sites or the Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Personify Care, except for the licenses and rights expressly granted in these Terms of Use.

Your Consent

By accepting these Terms of Use and registering for the Services you are providing us with your consent to collect your personal information (including health information) provided by you in the course of you using the Services. You are also hereby providing us with your consent to collect your personal information (including health information) from your health care professionals as part of their use of the Services. The purpose of us collecting such information and our permitted use is set out in our Privacy Policy (see below), but is mainly to allow your health professionals to monitor your progress and to provide you with the support and information you need in preparation for your admission or treatment and in support of your recovery after an appointment or in-person care encounter Personal information (including health information) submitted by you will generally be retained for a duration of 12 months or as specified by your health provider as detailed in our Privacy Policy. If you choose not to accept these Terms of Use or you do not consent to Personify Care collecting your personal information (including health information), we will not be able to provide you with access to the Services and you should not continue accessing the Sites, Services and Content.

Your Privacy

Our Privacy Policy, available at https://personifycare.com/privacy-policy/, outlines how you can access your personal information and how you can correct your personal information that might be incorrect. Our Privacy Policy also contains information about how you may complain about a breach of the Australian Privacy Principles and how we deal with such complaints. We may from time to time need to disclose your personal information to the overseas countries outlined in our Privacy Policy. Any health information submitted by Australian users via the Applications is stored inside the borders of Australia

Your Responsibilities

When you register, you are required to provide your mobile phone number, email address and password. These are your credentials for accessing Services that are only available to members ("Credentials").

In doing so, you agree that you: (a) are not impersonating any person or entity; and (b) are not intentionally or unintentionally violating any applicable state or federal law regarding use of personal or identification information;

The Sites, Services and Content are not directed to minors under 18 and are offered only to users 18 years of age or older. If you are under 18 years old, please do not use the Sites, Services or Content without the supervision of an adult. Any person who provides their personal information through the Sites represents to us that they are 18 years of age or older.

You are responsible for all use of the Sites, Services and Content using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Sites, Services and Content for lawful purposes only. You may not use the Sites in any manner that could damage, disable or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites, Services or Content. You may not attempt to gain unauthorised access to any Services, user accounts or computer systems or networks, through any means. You may not use the Sites, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites, Services or Content. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Links to other Sites

Personify Care may contain links to external sites. We are not responsible for the content of any third party website and a link to another sites in no way constitutes Personify Care's endorsement of the contents therein.

Disclaimer

The Sites, Services and Content are under ongoing development. We provide the Sites, Services and Content "as is", "with all faults" and "as available." We and our suppliers make no express or implied warranties or guarantees about the Sites, Services and Content. To the extent permitted by law, we and our suppliers make no express or implied warranty or representation in respect of the information on the Sites, Services and Content, including but not limited to the completeness, currency, availability, reliability, suitability and/or accuracy of any information on the Sites. We do not guarantee that you will be able to access or use the Sites, Services or Content (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by a Personify Care representative shall create a warranty. You use the Sites, Services and Content at your own risk.

Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold Personify Care harmless, 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 Sites, Services and Content including, but not limited to, your reliance on any information, for a breach of these Terms of Use. 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.

Miscellaneous

You may not delegate your duties under these Terms of Use, or assign these Terms of Use or your Personify Care accounts, in whole or in part, without Personify Care's written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. Personify Care may assign any of its rights and obligations under these Terms of Use without consent including, in connection with any merger (including by operation of law), consolidation, reorganisation, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.

These Terms of Use constitute the entire and exclusive understanding and agreement between Personify Care and you regarding the Sites, Services and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Personify Care and you regarding the Sites, Services and Content. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that the law of the State of South Australia governs these Terms of Use and any claim or dispute that you may have against us will be resolved by a court located in the State of South Australia. The failure of Personify Care to exercise or enforce any right or provision of this Terms of Use does not constitute a waiver of such right or provision.

To contact us regarding these Terms of Use, please contact us at info@personifycare.com.