TERMS & CONDITIONS

The iCareTrack Research Team controls and operates the website whose homepage is www.icaretrack .com.au (the “Our Website”). Each reference to these “Terms of Use” to “we”, “us”, and/or “our” is a reference to the Service, their related bodies corporate, and their respective directors, officers, employees, agents and contractors.

The terms and conditions in these Terms of Use are the terms and conditions of an agreement between the person accessing and/or using the Website (“you’ and/or “your”) or your officers, employees, agents and contractors, and us.

1. Definitions

“Content”
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

"Intellectual Property"

means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

“Our Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.

"Post"
means place on or into Our Website any Content or material of any sort by any means.

“Services”
means all of the services available from Our Website.

2. Interpretation

In this agreement unless the context otherwise requires:

a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
in the context of permission, “may not” in connection with an action of yours, means “must not”.

any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Terms

Your use of and/or access to Our Website is conditional upon your acceptance and compliance with the terms, conditions, notices, policies and disclaimers contained in this document and elsewhere on Our Website (known collectively as “Terms of Use”).

Your use of and/or access to Our Website constitutes your agreement of the Terms of Use. If you do not agree to the Terms of Use, you must not access and/or use Our Website and/or any of the information, material and/or functionality that it contains.

We reserve the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them. The revised terms will take effect when they are posted to the website.

Subject to the Terms of Use, we agree to provide to you some or all of the Services described on Our Website

4. Your Account and Personal Information

When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

5. Contributing Content

Our privacy policy is strong and precise. It complies fully with the current privacy law which is at [link to privacy policy].
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our team and team members, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

You warrant that you have all the necessary or required licences, rights (including without limitation copyright, privacy, moral and intellectual property rights), consents and permissions to submit or post content on to or on Our Website and that all Content is true and accurate at the time of submission/posting, is not illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent or in contempt of any court or parliament and does not contain any computer virus.

You are legally responsible for all Content that you submit to Our Website.
We reserve the right to refuse access to any person, and to edit, block or delete Content submitted or posted to or on Our Website by any person for any reason without notice, and we may terminate or restrict your access or use of part or all of Our Website.

You grant us a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display in any media whether now known or in the future created, any Content posted to or on or submitted by you to Our Website, and you warrant and represent that you own or have the necessary or required licenses, rights, consents and permissions to grant such licence.

You consent (and warrant that you have all rights necessary to grant such consent) to us doing all things to and with the Content you submit to Our Website, including: (i) modifying and altering the Information; (ii) not attributing you or any person as the author of the Content, or attributing any other person as the author of the Content; and (iii) modifying, altering or using the material in any way in our discretion, even if this is done in a way that would constitute derogatory treatment of the Information or would affect the reputation of the author of the Information.

6. Access and Use

When you access and/or use Our Website, you agree as follows:
We expressly prohibit use of the Content in any manner other than as expressly permitted in these Terms of Use.
You may not modify it without our prior written permission.

Any copyright notice or mark appearing on any Content must be included on any copy you make.
You may save a local copy of or print Content from Our Website for your own personal information and to inform others about it, but you may not charge any fee for any use, and all commercial use or exploitation of Our Website or any Content is expressly prohibited.

You must keep all Content intact and in the same form as presented on Our Website.

You must not reproduce, republish or otherwise make available any Content on the internet or through any means, including by other publicly accessible media (including without limitation newspaper, journals, television or radio) without our prior written consent.

Activities you must not engage in include, without limitation:

Accessing or using of Our Website by any means that is contrary to our interests (including without limitation to facilitate a means of encouraging users of Our Website to use another website offering services similar to those on Our Website); and

Making any commercial use of material on Our Website, unless such use is authorised in writing by us;

Making a copy, modification, adaptation or reselling or redistributing any material on Our Website;

Making any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than Our Website;

Using Our Website or any Content for any purpose which is unlawful, prohibited under the Terms of Use or which violates any of our rights or any rights of any other person in relation to the Content contained in Our Website.

We reserve the right to take any course of action (including legal action) we deem necessary to protect our rights (including intellectual property rights). We also reserve the right to take legal action against parties who have misinformed, misled, abused or misused any or all of the Content, or otherwise breached any of the Terms of Use.

7. Security

If you are a registered subscriber of Our Website, you may receive or establish an account which may include login details such as username and password (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You must not reveal your Account information to anyone and you must not use anyone else’s Account.

You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security. We shall not be responsible for any losses arising out of the unauthorised use of your Account.

You must not access or attempt to access an Account that you are not authorised to access. You agree not to modify any software used or provided in or in connection with the Content or Our Website (“Software”) in any manner or form, or to use modified versions of the
Software, for any purposes including obtaining unauthorised access to Our Website.

You should be aware that there are inherent risks associated with the transmission of information via the internet, and we cannot guarantee the safe and secure transmission of information to or from us unless we explicitly say so in writing for a particular interaction.

8. Interruption to Services

If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

You acknowledge that the Services may also be interrupted for many reasons beyond our control.

You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

9. Termination

We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

Termination by either party shall have the following effects: (1) your right to use the Services immediately ceases; (2) but all restrictions imposed on you, licenses granted by you, indemnities given by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive termination.

10. Intellectual Property

You agree that at all times you will:

not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
notify us of any suspected infringement of the Intellectual Property;

so far as concerns software provided or made accessible by us to you, you will not:

copy, or make any change to any part of its code;
use it in any way not anticipated by this agreement;
give access to it to any other person than you, the licensee in this agreement;
in any way provide any information about it to any other person or generally.
not use the Intellectual Property except directly as intended by this agreement or in our interest.

11. Limitations of Liability

To the full extent permitted by law, we shall not be responsible or liable for any loss or damage (whether under statute, in contract, tort (including negligence), equity or otherwise) for any loss or damage (including, without limitation, any direct, indirect or consequential loss or damage, loss of profits, loss of data or loss of opportunity) howsoever caused, in connection with, or arising as a result of, any person acting or refraining from acting in reliance on the Content, accessing and/or using Our Website or any associated Website links, or as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of these Terms of Use.

To the full extent permitted by law, in so far as our liability may not be excluded, such liability is limited, at our discretion, to the resupply of any service again or payment of the cost of having the service performed again, or the replacement or repair of goods or payment of the cost of having the goods replaced or repaired, or the payment of a maximum aggregated amount (aggregated across all claims) of $5.00.

12. DISCLAIMER

Except where expressly state, we make no representation about the currency, accuracy, suitability or reliability of any content information, material and/or functionality (including, without limitation, any data, information, material, text, images (moving and still), sound, graphics, software, hyperlinks, logos, and trademarks, services and any other material contained in, provided as a result of, or in connection with your access to and/or use of, Our Website) (“Content”).

All Content made available through Our Website in any way (including, without limitation, on Our Website, as an email, or any other transmission):

is, to the full extent permitted by law, provided “as is” and without warranties of any kind (including, without limitation, express or implied warranties, including implied warranties of merchantability and fitness for any particular purpose); and

is provided as general information and guidance for the pattern of care for people with eye diseases, and not for the care of a particular individual and thus, should not be relied on in place of considering each patients specific circumstances, needs and clinical appearance.

Without limiting what we have said above, to the extent permitted by law we, do not warrant that the function of, or access to, Our Website will be uninterrupted or error free, that any defects will be corrected or that any website or server which stores and transmits any Content will be free of viruses or any other harmful components. We accept no responsibility for or liability in respect of such interruption, errors, defects, viruses or harmful components.

You, as the user of or visitor to Our Website, will assume the entire cost of any verification, repair, maintenance, or correction of any relevant eContent which is required.

13. Indemnity

You indemnify, and agree to keep indemnified, each and every one of us (“the Indemnified”) from and against all costs (on a full indemnity basis including, without limitation, reasonable legal and accounting costs) damage, loss and liabilities that the Indemnified may incur or suffer in connection with any claims, demands, actions or proceedings brought or made against any or all of the Indemnified by any person in connection with, resulting from, or alleged to result from: (i) your use of Our Website or reliance on the Content or both; (ii) a breach of any of your representations or warranties in these Terms of Use; (iii) your violation of any of these Terms of Use; or (iv) any act or omission of yours.

14. Changes

We reserve the right to change any or all of Our Website format and content including without limitation the Terms of Use at any time without notice. As such, it remains your responsibility to regularly check the Terms of Use.

15. GENERAL

The Terms of Use are governed and will be construed in accordance with the laws of New South Wales, Australia. By agreeing to the
Terms of Use you irrevocably and unconditionally accept and submit to the jurisdiction of the courts of New South Wales, Australia.

These Terms of Use and any rights and licences granted hereunder may not be transferred or assigned by you, but may be assigned or transferred by us without restriction.

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.