Thank you for using HealthKit! These terms of service (the "Terms") govern your access to and use of HealthKit (HealthKit Pty Ltd ACN 131 908 597, "we" or "our") websites and services (the "Site"), so please carefully read them before using the Site. By using the Site you agree to be bound by these Terms. You may use the Site only in compliance with these Terms. If you do not agree to be bound by these terms, do not use the service.
1. Your eligibility
When using this Site, you warrant to HealthKit that:
- if you are an individual, you are 18 years of age or older, have the power, authority and capacity to agree to these Terms and are not barred under any applicable laws from doing so;
- if you are using the Services on behalf of an organisation, you have the authority to bind that organisation to these terms, in which case "you" and "your" will refer to that organisation; and
- You agree to act in good faith and in accordance with these Terms.
2. Agreement to be bound
Use of this Site is subject to these Terms. You agree to be bound by these Terms and any subsequent amendments to these Terms. We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Site. Your continued use of this Site constitutes acceptance of the modified Terms. HealthKit may alter the Site from time to time as we refine and add more features. These Terms will not be affected by any alterations to the Site.
3. Use of this Site
You agree that you will only use this Site for the purposes of using the Services and for no other purpose. We reserve the right to terminate or restrict your access to the Site immediately and indefinitely if we suspect that you are engaging in any such behaviour or are in breach of any terms of these Terms. Without limiting the foregoing, in using this Site, you agree that you will:
- not use the Site for fraudulent or illegal purposes including without limitation by posting to the Site information encouraging conduct that would constitute a criminal offence;
- email or otherwise send any materials from HealthKit which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
- not use any feature of the Site to send unsolicited commercial emails, whether individually or as a group;
- not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent;
- not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) and in particular in any enterprise of a service which is in competition with Site;
- not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
- not take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Site;
- not use the Site to engage in misleading or deceptive on-line marketing practices;
- not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email; or
- provide us with complete and accurate contact details when using the Service.
4. Not health advice
You acknowledge and agree that the content on or accessible through this Site is for informational purposes only and does not constitute medical advice. You should not rely upon any information on this Website without obtaining the specific advice of a qualified health care professional. It is solely your responsibility to evaluate or access professional advice about the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the internet generally.
The website is updated on a regular basis and efforts are made to ensure all information is accurate and relevant. However, it is possible that errors may be found within the Site, for which we are not responsible.
6. Copyright and trademarks
Unless otherwise acknowledged, all material on this Site, including (but not limited to) text, graphics, information architecture and coding, is our property. All copyright is reserved. You are provided with access to this Site and may download, store in cache, display, print or make a single copy of the information or material stored on this Site (in its unaltered form) and for your personal and non-commercial use only. Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Site; or
- commercialise any information, products or services obtained from any part of this Site, without our written permission.
If you wish to make any other use of the material on this Site, you must obtain our permission before doing so. To ask for permission or for further information, please contact us.
7. Intellectual property
All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, equipment or processes, trademarks, logos and other materials shall remain our sole and exclusive property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.
8. Information for personal use only
You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Practitioners' contact details for unsolicited commercial correspondence). You may download material from this Site for:
- your personal use; or
- if you are a Practitioner, use in conjunction with your role as a Practitioner,
provided you keep intact all copyright and other proprietary notices.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site, including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these Terms.
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site or on your own website or in any other publication, except with our prior written consent.
9. No guarantees as to the service
HealthKit is provided 'as is' and 'as available'. This means that you agree that we exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
We provide no warranty to you that the services generally available through our Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. We assume no responsibility, and shall not be liable for any damages resulting from viruses that may infect your computer equipment, other property damage, or consequential loss resulting from your access to or use of this website. We accepts no liability for damage to files, computer hardware or software as a result of downloading any material from this site.
You acknowledge that:
- We do not control, endorse, approve or warrant the merchantability or fitness for any particular purpose of any of the goods or services of third parties referred to on the Site or whose identities become known to you as a result of using the Services or otherwise;
- We do not warrant that anything on the Site or any third-party Site referred to or connected via the Site is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
- We does not offer professional advice on the fitness of any goods, services or information supplied by any third parties;
- you are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations);
- we do not warrant that the Site or any information or communication we provides is or will be reliable, timely, error or fault free (including on all or any devices, browsers or browser versions), complete or accurate;
- the Site may experience interruptions and access difficulties from time to time and that we will not be responsible for such interruptions or access difficulties; and
- g) We shall not be liable for any loss or damage whether directly or indirectly incurred by you or any third person as a result of any failure or delay in HealthKit doing anything, including, but not limited to transmitting any information to you or removing any information from the Site.
10. Disclaimer of liability
We hold no liability if the Site becomes unavailable to users or there is a delay arising in communications with you via the Site. We hold no liability to any person in respect of any loss, costs, claims, damages, proceedings and expenses (including without limitation, legal expenses) in connection with your use of the site. We will not be liable for any damages of any kind arising from your use of this Site, including, but not limited to direct, indirect, incidental and consequential damages.
You agree to indemnify and hold HealthKit, its officers, employees, agents and suppliers, harmless from all claims and losses (including legal fees and chargebacks) due to or arising out of or in connection with your use of this Site, or your breach of these Terms.
12. No guarantees or endorsements of sites or services we link to or that link to us
We provide links and pointers to internet sites maintained by third parties from our Site. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the linked site. We are not responsible for the copyright compliance of any linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
13. Security of Personal Information and transactions
We will not collect sensitive information about you unless:
- you have consented; or
- the collection is required by law; or
- the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
We will take reasonable steps to protect the Personal Information we hold from misuse and loss and from unauthorised access, modification or disclosure
All Credit Card transactions through the Site are processed securely using 256-bit SSL encrypted transmissions, transacted in Australian Dollars (AUD) only.
14. Your responsibility for your password and login
To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also delete services attached to your registration at your convenience.
You agree to immediately notify us of any unauthorised use of your login name or any other breach of security known to you.
15. Use of information
Information you submit to us that identifies you or can be used to contact you (e.g., email or mailing address) is your "Personal Information". This includes identifiers that a governmental authority, financial institution or funding body may use to uniquely identify you. When we combine non-Personal Information with Personal Information, or non-Personal Information with other non-Personal Information in a way that renders the combined information Personal Information, we treat that combined information the same way we treat Personal Information. When we combine Personal Information with information from third party sources, we also treat that combined information the same way we treat Personal Information.
We use Personal and non-Personal Information for the following purposes:
- Operating, maintaining, managing and administering our Services, including processing registrations and payments, and providing customer support;
- Responding to questions and communications, which we retain in the ordinary course of business;
- Administrative announcements about features, functionality, terms or other aspects of our Services; and, if applicable, informing you about offers for services or products we believe may be of interest;
- Safeguarding and protecting our Services, the information they safeguard, the rights of third parties and in response to legal process, in each case; and
- Any other purpose described in these Terms.
We use non-Personal Information for the following purposes:
- Auditing, research, measurement and analysis in order to maintain, administer, enhance and protect our Services, including analysing usage trends and patterns and measuring the effectiveness of content, advertising, features or services;
- Creating new features and services;
- Contextual and cookie-based automated content delivery, such as tailored ads or search results;
- Health and medical research, public health and service activities, healthcare- and medical-related services; and
- Other purposes described in these Terms.
We may also use non-Personal Information to prepare aggregate reports for current or future advertisers, sponsors or other partners to show trends about the general use of our Services. Such reports may include age, gender, geographic, demographic or other general user information, but do not include Personal Information.
16. Specific terms for Practitioners
These terms apply to users who register to use the Site and Services and tick that they are signing up as a doctor/practitioner, or otherwise interact with the Site and Services with the express or implied purpose or intention to use the Site and Services as a doctor/practitioner in private practice ("Practitioners").
- By registering as a Practitioner, you warrant that you are the person being registered, you register on your own behalf and that you are registered, certified, credentialed and qualified in the profession and in the country that you select.
- You warrant that the information you publish in your profile on HealthKit's directory is true, correct and up-to-date, and that you will only accept bookings sourced from HealthKit (including via online, phone, email or any other mechanism) for services that you are qualified and insured to provide.
- You warrant that you manage Personal Information in accordance with the Australian Privacy Principles or, for non-Australian Practitioners, you warrant that you manage Personal Information in accordance with privacy principles that do not contravene the Australian Privacy Principles.
- You acknowledge that in the course of providing you with Services, we may share your Personal Information with Medicare, the Department of Veterans' Affairs, our SMS provider and other third parties that we contract or with whom we integrate for the purpose of identifying you.
- From time to time you may use HealthKit to email or SMS patients, funding bodies, organisations, other practitioners or other entities and you warrant that you have obtained the permission of that party to email or SMS them before doing so.
- You acknowledge that we are not liable if a scheduled SMS or email reminder or notification fails and is not sent to a patient or organisation.
- You warrant that you have disclosed to and obtained the consent of patients that their personal and non-personal data, including health records and payments information, are stored on this site. You further warrant that you have disclosed and obtained patients' consent for the possible uses of this information stored on this site. You warrant that, where in your reasonable belief the patient is physically or mentally incapable of consent, you have disclosed and obtained the consent of the patient's guardian, next of kin or other relevant party.
Without limiting other remedies available to us at law, in equity or under these Terms, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the System and refuse to provide services to you if:
- We are unable to verify or authenticate any information you provide to it; or
- We believe that your actions may cause damage and/or legal liability for us, or our other users.
This Agreement is effective until terminated by us, and we may terminate it and our right to post information and material to the Site at any time without prior notice.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
19. General provisions
These Terms constitute the entire agreement between you and HealthKit relating to the Site and Services, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and HealthKit with respect to our Site and Services.
Our failure to take action with respect to a breach by you or others does not waive our right to take action with respect to subsequent or similar breaches.
The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
If you have any questions about these Terms, you may contact us at firstname.lastname@example.org.
1. HealthKit's commitment to maintaining your privacy
2. Collecting information on HealthKit visitors
HealthKit collects information on our site visitors collectively including which sections of the site are most frequently visited, how often and for how long. This data is always used as aggregated, non-personal information. HealthKit utilises this information to improve and enhance our services by monitoring the areas on the site which are most popular to you. This aggregated information may be shared with HealthKit partners to provide them with an overview of how HealthKit visitors use the site. This is done for the purposes of providing you with the best online services.
3. IP Addresses
HealthKit's web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
4. Cookies & Applets
Information provided by you will be treated as confidential, whether through email, the website, telephone or by letter. However, the following exclusions to this confidentiality will apply. If it is deemed that you or an associate of you may be at risk of self-harm or harm to others, confidentiality may be breached. Confidentiality may also be breached if required by law and records can be subpoenaed. It is mandatory in many Australian states to report suspicions of child abuse. Note that to ensure best practice, many Practitioners undergo regular supervision. During this time cases are discussed, however names and personal details are not disclosed. Confidentiality can also be excluded if expressed by the user, for example, when a referral is requested.
6. Supplying Information to Practitioners
To provide you with services or information you request from the web site by filling out an online form, HealthKit may need to disclose your information to Practitioners.
7. Email communications from HealthKit
HealthKit also provides you with selected information about psychology and emotional well-being in our email newsletter. This free service is sent to registered users and provides the option of opting out of receiving these by changing your preferences. HealthKit may also make you aware of additional products and services which form part of your relationship with HealthKit. As part of the registration process you will receive a confirmation email. This email serves as a reminder of your login details, as well as the procedure for updating your details and as a summary of services now available to you. Communications may take place from time to time as deemed necessary.
8. Storage & Security of Personal Information
HealthKit takes all reasonable steps to ensure the security of our system. HealthKit allows you to access your information at any time to keep it accurate and up to date. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by HealthKit. However, HealthKit will not be held responsible for events arising from unauthorised access of your personal information. You can also play an important role in keeping your personal information secure, by maintaining the confidentiality of any password and accounts used on the HealthKit site. Please notify us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.
9. Access to Your Information
As indicated above, unless you become a registered User, HealthKit does not collect information that identifies you personally. If however, you become a HealthKit registered user, you are able to change and update your registered profile at any time. You can also request your personal information and/or counselling records directly from Practitioners listed on HealthKit from whom you have sought advice.
10. HealthKit Partners & Practitioners
You may also directly contact HealthKit to request access to any personal information that you have provided or that has been collected about you by your Practitioner.
11. Trans-border data flows
Sometimes we may transfer information to persons outside Australia (e.g. a contractor located in another country who provides us with services). By giving us your personal information, you consent to such disclosures. In addition, we believe that the recipients of such information are subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles.
HealthKit welcomes ideas and feedback about all aspects of the site. HealthKit stores feedback that users send to us. This feedback will be used to administer and refine the service and may be shared with HealthKit partners either in aggregate form or with specific identifying characteristics removed.
13. Privacy & Site Changes
14. Contact Us
If you have queries, concerns or would like to revise your personal records maintained by HealthKit, please email us at email@example.com.