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TERMS AND CONDITIONS

The Platform found at http://www.abbyhealth.app and any services provided over the Platform (the Platform) are owned and operated by Abby Health Technology Pty Ltd ACN 651 158 940 (Abby Health). Any reference to we, us and our in these Terms and Conditions (Terms) refers to Abby Health. You or user means the individual, natural person accessing or using the Platform in accordance with these Terms.

1. Acceptance of terms and conditions

Please read these Terms carefully before you use this Platform. These Terms and any other additional terms and conditions provided throughout the Platform form the Terms and Conditions for use of the Platform and the terms of your relationship with Abby Health. By clicking the “I Agree” button, you agree to be bound by these Terms. If you do not accept these Terms, you must not use the Platform.

These Terms apply whenever you access the Platform or utilise the Services, regardless of how you access the Platform or interact with us, including but not limited to the internet, tablets, smart phones, mobile phones, through a web browser or via our Apple App Store or Google Play apps.

We recognise that you may need help from support persons or your care team to use the Platform and provide information about your symptoms (Support Person). If you are accessing the Platform on behalf of another individual as a Support Person, ‘you’ in your individual capacity will be taken to have represented to us that you have authority to act on that individual’s behalf and these Terms will be binding both on you and that individual.

We may revise these Terms from time to time by updating this web page without prior notice to you. Consequently, you must regularly check these Terms for changes. Your continued use of the Platform following any changes indicate your acceptance of the revised Terms.

2. Overview and Services

Abby Health improves the ability of people diagnosed with chronic illnesses to communicate symptoms with their health care teams. We provide a virtual health assistant for registered Users to self-report and create a journal of their symptoms using voice command or text. Using a unique artificial intelligence system and medical information database, Abby Health’s virtual assistant considers symptoms and requests further responses from users, providing greater insight into symptom association and severity. Symptom reports and summaries are also available to assist users to communicate with their medical and health service providers during consultations (together, the Services).

There is no fee payable for use of the Platform by Users in accordance with these Terms.

We may commence charging fees or charge fees for additional services with 30 days’ notice to you. Unless expressly stated, all fees payable under these Terms are exclusive of GST.

3. IMPORTANT WARNING AND DISCLAIMER

USE OF THE PLATFORM AND INFORMATION MADE AVAILABLE THROUGH THE PLATFORM IS NOT A SUBSTITUTE FOR OBTAINING PROFESSIONAL MEDICAL ADVICE. THE PLATFORM DOES NOT PROVIDE CLINICAL ASSESSMENT, DIAGNOSIS OR TREATMENT ADVICE AND IS INTENDED FOR INFORMATION AND COMMUNICATION IMPROVEMENT PURPOSES ONLY. YOU MUST SEEK PROFESSIONAL MEDICAL ADVICE IN RELATION TO YOUR SYMPTOMS. IF YOU ARE SUFFERING FROM AN EMERGENCY CONDITION, CALL TRIPLE ZERO (000) AND ASK FOR AN AMBULANCE.

You agree that you will not rely on use of the Platform or information received through the Platform (including symptom reports and summaries) as medical or health advice and must verify all information in consultation with a medical professional. Always consult your a qualified clinician if you have any questions regarding any medical issues.

To the extent permitted by law, Abby Health expressly disclaims and excludes all liability for any loss, damage, cost or expense suffered or incurred by you or any other party arising in connection with your reliance on the Platform, Services or information generated through the Platform as medical or health advice.

4. Registration and User Account

We will provide you with the ability to create a user account with your own username and password to access the Platform (User Account).

You must access the Platform with your User Account. Unless authorised by us, you must not share or transfer your User Account with or to any other person. You are responsible for maintaining the confidentiality of your User Account including your username and password. You are solely responsible for the consequences of any use of your User Account and password, including by third parties regardless of whether that use is authorised or permissible. You must notify us if you become concerned that unauthorised access has been made to your User Account and you must take all appropriate steps to mitigate any harm unauthorised access may cause.

To enable your registration to access and use the Platform and the Services, you will be requested to provide such information that we may reasonably require including personal information such as name, age, email address, phone number and other information (Credentials).

In registering a User Account you agree that:

a) you are not impersonating any person or entity;

b) you are not violating any applicable state or federal law regarding use of personal information;

c) you are not a person under the age of 18 years and are not prohibited from using the Platform;

d) you will provide on demand from Abby Health, verification of your Credentials in such form as required by Abby Health; and

e) any other information you provide to Abby Health (including information in your profile section of your User Account) is and shall remain accurate, true and correct, and that you will update this information held by Abby Health to reflect any changes as soon as possible.

We may, from time to time, use any of your Credentials to make our own enquiries (either by us or a third party engaged by us) as to the completeness, accuracy or truthfulness of your Credentials and the information you have provided to us. If you do not provide sufficient evidence within the time requested, we may suspend or cancel your User Account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person’s identity we may, without notice to you, disclose that information to any relevant persons or authorities.

Support Persons

A Support Person may register a User Account using your Credentials. By allowing your Support Person to use your Credentials or User Account, you represent that he or she is authorised by you and that you assume all responsibility for his or her actions on the Platform as if those actions were your own.

We may, at our sole discretion and without notice to you:

a) access your account solely for the purpose of providing support and maintenance services; and

b) suspend or terminate your account and/or refuse any or all use of the Platform (including but not limited to where you are in breach of these Terms or any applicable laws or where Abby Health or its business may be adversely affected or harmed as a result of your Uploaded Content or your continued use of the Platform and the Services).

5. Licence to use the Platform

Subject to your compliance with these Terms, we grant to you, for the Term, a non-exclusive, non-transferable conditional licence to use the Platform in Australia, for the sole purposes of obtaining the benefit of the Services, subject to these Terms.

In consideration for the granting of the licence under these Terms, you must not:

  • Commercially exploit or make available to any third party the Platform or our Services in any way.
  • Use the Platform or the Services for any purposes other than the purposes for which it was designed.
  • Use the Platform or the Services in any way which violates the rights of a third party or infringes any other party’s intellectual property rights or for any inappropriate illegal or unlawful purpose.
  • Interfere with or disrupt the integrity or performance of Abby Health, the Platform or the Services.
  • Do any act or thing whatsoever which may injure, impair or reduce or be likely to injure, impair or reduce the business, goodwill or reputation of Abby Health or its public standing or any of its clients.
  • Without our prior consent, set up or conduct a health sector technology company which provides symptom journalling services with the ability to generate reports for the information of health services practitioners, or otherwise services that are the same or similar to those provided by Abby Health.
  • Approach directly or indirectly any of our employees to influence him or her to cease employment with us or otherwise entice him or her away from us.

The conditions upon which the above licence is granted are material terms of the Terms and shall survive for a period of three years after termination of these Terms.

All rights not expressly granted by us to you in these Terms are reserved by us and our licensors. We reserve the right to, at any time, and without prior notice, disable or remove your User Account and/or access to the Platform or the Services in the event of any breach or suspected breach of this clause 5.

6. Uploaded Content

To obtain the full benefit of the Services you will need to upload information over the Platform including personal information, information about your health history, symptoms and any other content, information, data, text, audio, graphics, images, photographs, documents or materials posted or uploaded to the Platform by you or on your behalf (Uploaded Content).

You warrant and represent to us that all Uploaded Content:

a) is and shall remain accurate, true and correct and that you will update this information as soon as possible;

b) is compliant with all applicable laws and licensing requirements and you have obtained any necessary consents in relation to that information;

c) does not contain any defamatory content or other illegal material;

d) does not infringe on the intellectual property of another person;

e) is not false, misleading, deceptive or materially inaccurate in any way; and

f) does not contain any links to external websites unless Abby Health has given its prior written consent.

You agree that where requested by you, your Uploaded Content may be shared with health practitioners or service providers nominated by you by way of report or summary. Further information as to how we collect, handle, use and disclose your personal information may be found in our Privacy Policy at https://app.abbyhealth.app/privacy-policy .

You are responsible for all your Uploaded Content. Subject to the requirements of any applicable health records legislation and to the extent permitted by law, Abby Health shall not have, and expressly disclaims, any liability in connection with any Uploaded Content. You agree to indemnify us and keep us indemnified, from and against any claims, loss, costs, action, liability or damages arising from or incurred in connection with your Uploaded Content, including any claim, loss, damages or liability that may be made against us that any Uploaded Content provided to us by you in accordance with these Terms infringes the intellectual property rights or moral rights of any third party or any law. We will not have any liability in connection with your failure to update or provide accurate Uploaded Content or the deletion, loss, or unauthorised modification of any of your Uploaded Content caused or contributed to by you.

To the extent permitted by any applicable laws, you acknowledge and agree that Abby Health may use, retain, disclose or distribute to any person for any purpose including commercial purposes Uploaded Content which has been de-identified. This clause survives termination of these Terms.

Records of Uploaded Content

For the duration of these Terms, you may download and retain a copy of your Uploaded Content by contacting sam@abbyhealth.app. While we store data that you save including Uploaded Content, to the extent permitted by law we make no representation or warranty that it is accurate or complete and from time to time we may be required to purge data in order to maintain the Platform and Services.

On termination or expiry of these Terms, Abby Health will retain records of your Uploaded Content for at least the duration required by all applicable laws. You may access or download a copy of your Uploaded Content by contacting sam@abbyhealth.app

7. Intellectual Property

As between you and Abby Health, Abby Health or its licensors owns all applicable rights, title and interest in and to all intellectual property rights embodied in or associated with its software, applications, the Platform, all information uploaded to or stored on the Platform including Uploaded Content, and the Services it provides (including but not limited to any images, photographs, animations, video, audio, music, text and applets incorporated into the Platform, any accompanying documentation and printed materials), subject to this clause 7. Any Intellectual Property Rights created during the course of the Services as a result of your Uploaded Content or your use of the Services or Platform shall vest in and remain the property of Abby Health (“Created IP”).

Abby Health grants you a limited, revocable licence to use the Created IP and any information uploaded to or stored on the Platform for the sole purpose (and no other purpose) of allowing you to obtain the benefit of the Services. Such licence shall terminate upon termination or expiry of these Terms, and may otherwise be terminated by Abby Health at any time at Abby Health’s absolute discretion. Abby Health does not grant you any right, title or interest in or to the Services or Platform, other than as set out in these Terms.

The URLs representing the Platform, “Abby Health”, trademarks and all related logos of our products and Services described on our Platform are either subject to copyright, trademark or existing registered trademark ownership by Abby Health (or Abby Health’s licensors) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Abby Health.

For the purposes of these Terms, Intellectual Property Rights in respect of a party means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secrets and all other intellectual property rights or derivatives thereof.

8. Prohibited use

Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing Abby Health’s public pages. You may not provide unauthorised interfaces to any of our applications or the Platform.

Notwithstanding anything to the contrary in these Terms, you must not do any of the following without our prior express written permission:

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Platform or Services;
  • take any action that imposes an unreasonable or disproportionately large load on Abby Health’s infrastructure, including spam, DDOS, or other unsolicited mass e-mailing techniques;
  • use the Platform for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
  • harvest or download in bulk Platform data (including by way of web scraping, web harvesting, or web data extraction) other than as explicitly permitted by us in writing;
  • use the Platform in a way that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
  • mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
  • publish advertising material of any kind or market any goods or services directly to other users in breach of the Spam Act 2003, Privacy Act 1988 or any other statute, code of practice or guideline;
  • introduce any virus, worm, Trojan horse, malicious code or other program which may damage our, or any user’s, computers, computer software, or other computer equipment; and
  • provide to any persons who are not authorised users of the Platform, any part of the information included in the Services or the Platform, except as permitted in these Terms.

9. Third party content and links

The Platform may display, include or make available third-party content (including data, information, applications and other products and/or services) or provide links to third-party websites.

You acknowledge and agree that Abby Health shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Abby Health does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

For the purposes of these Terms, Third-Party Services means any services or content (including data, information, applications and other products and/or services) provided by a third-party that may be displayed on the Platform.

10. Use of Platform via third party apps

You may access the Platform via web browser or through the Abby Health App on Apple’s App Store or Google Play.

If you access or download our application from the Apple App Store or Google Play, in addition to these Terms you agree to the following additional terms made available by those third parties from time to time:

  • Apple Application End User License Agreement [https://www.apple.com/legal/internet-services/itunes/dev/stdeula/]

If you access the Platform via one of these apps, you agree to abide by the above additional terms and conditions as if “you” were the licensee under those terms. If you do not agree to abide by these additional terms and conditions, then you must not use the Platform via the Apple App or Google Play.

Abby Health is not responsible for any disclaims any loss or damage arising from your use of the Platform via the Apple App Store or Google Play.

11. Term and Termination

These Terms will continue to apply for so long as your User Account is open or you access the Platform or use the Services unless terminated earlier in accordance with these Terms.

(a) Termination by us

We may terminate these Terms upon any breach of these Terms by you, by giving you written notice of the relevant breach, if the breach has not been remedied within 14 days of such notice. For substantial breaches (namely breaches of clauses 3, 4, 5, 6, 7 and 8) of these Terms or for persistent and repeated minor breaches), we may terminate these Terms immediately on notice to you.

Abby Health may terminate these Terms immediately on notice in the event that you cease business, if you become insolvent, take steps to wind up, or upon the appointment of any insolvency practitioner, trustee or custodian to all or party of your assets or business.

(b) Termination by you

You may terminate these Terms for convenience at any time by giving us 7 days prior written notice of your intention to terminate

(c) Effect of termination

Immediately upon termination of these Terms, your licence to use and access the Platform and the Services will terminate.

12. Limitation of liability

You use the Platform and Services entirely at your own risk. However, we take care to provide a sound Platform and to keep any information secure.

To the extent permitted by law, we exclude all liability in respect of your use of the Platform and Services, including any express or implied warranties. To the extent that our liability cannot be excluded by law, the total aggregate liability of Abby Health (including any of its related entities) for damages (monetary or otherwise) arising in connection with these Terms for claims made by you or any other third party arising from the Platform or Services, is limited to $100.

Despite anything else in these Terms and to the extent permitted by law, including the Australian Consumer Law, in no event shall Abby Health be liable for any indirect or consequential loss, damage or expense (including lost profits, penalties, loss of use of data, lost sales or business, lost data, lost contracts, goodwill, business interruption) or any other such loss incurred in connection with these Terms or your use of the Platform or Services.

Nothing in these Terms limits in any way Abby Health’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, including consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar applicable laws in the states and territories of Australia.

Our liability for failure to comply with consumer guarantees required by Part 3-2 of the Australian Consumer Law, is limited to, at our election, the supply of the Services again or the payment of the cost of having the Services supplied again to you.

13. Indemnity

To the extent permitted by law, you agree to indemnify us, our related companies, officers, directors, employees and agents, from and against any claim, suit, loss, damage, liability, demand, action, expense or proceeding (including legal fees) that we may suffer or incur as a result of or in connection with: (a) any breach by you of these Terms; (b) any breach by you of applicable laws; (c) your improper use of or conduct in connection with, the Platform or the Services; (d) your reliance on the Platform, Services or information provided through the Platform as medical or health advice; (e) any Uploaded Content you provide; or (f) any disputes between you and third parties in relation to your use of the Platform or Services.

14. Disclaimer of warranties

Abby Health, its related companies, officers, employees, its licensors and its suppliers provide the Platform and Services “as is” and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. To the maximum extent permitted by law, Abby Health, its related companies, officers, employees, its licensors and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee continuous, uninterrupted access to the Platform and related services, and operation of the Platform and our Services may be interfered with by numerous factors outside of our control. We may at any time and without notice, suspend or terminate the operation of the Website as necessary to perform maintenance, error correction or other reasons.

Abby Health specifically disclaims any warranty that any information or data provided through the Platform is accurate, complete or correct, including through any symptom summary or insights reports generated or used by you or shared with health practitioners or members of your treating team. You are responsible for verifying all information and data provided through the Platform and for identifying any omissions, errors or other faults in such information and data.

We will use our best endeavours to ensure that access to the Platform will be free of viruses, malware or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate security processes, systems and procedures to protect yourself from the download of any virus, worms, trojan horses or other code that has contaminating or destructive qualities. We cannot guarantee or warrant that any file you download from the Platform or which we deliver to you will be free of malicious code.

These Terms do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

15. Privacy

We may collect, use and disclose your personal information (including sensitive health information) for the purposes described in our Privacy Policy which is available on our Platform and located https://app.abbyhealth.app/privacy-policy

Your registration and use of the Platform and Services is conditional upon you agreeing and complying with our Privacy Policy. If you do not agree to us collecting, using or disclosing your personal information (including sensitive information) in the manner contemplated by these Terms and our Privacy Policy, you must not use the Platform and Services.

If you intend to post any personal or sensitive information on this Platform that relates to a third party (including their name, email address or phone number), you must obtain their consent before doing so.

If you have any questions or concerns relating to Privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

16. Confidentiality

Each party shall keep confidential and not disclose to any other party or use, except as required by these Terms, non-public information obtained from the other party, and in the case of Abby Health, as required by applicable laws; provided, however, that neither party shall be prohibited from disclosing or using information; (i) that at the time of disclosure is publicly available or becomes publicly available through no act or omission of the party having a confidentiality obligation under this clause; (ii) that is or has been disclosed to such party by a third party who is not under (and to whom such party does not owe) an obligation of confidentiality with respect thereto; (iii) that is or has been independently acquired or developed by such party; (iv) to the minimum extent use or disclosure is required by court order or as otherwise required by law, on condition that notice of such requirement by law for such disclosure is given to the other parties prior to making any such use or disclosure.

17. General

The following further terms apply in respect of these Terms:

(a) Without limiting the other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide us. You will be treated as having received any email sent by us instantly.

(b) We may assign or novate any of our rights or obligations under these Terms without your consent. You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms.

(c) Clauses 6, 7, 8, 12, 13, 14 and 17 shall survive termination or expiry of these Terms.

(d) Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, doctor or health care provider and patient, employment or similar between the parties. You have no authority to bind us or our related entities in any way.

(e) If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.

(f) A failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.

(g) Unless otherwise specified, these Terms of Use will not be interpreted to confer any rights on any third parties.

(h) These Terms constitute the entire agreement between the parties, with any and all other agreements or representations previously existing hereby replaced.

(i) These Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts to resolve any dispute arising from these Terms.

18. Interpretation

Unless it is inappropriate in the context, in these Terms:

a) the singular includes the plural and vice versa;

b) a reference to an individual or person includes a corporation, firm and government body and vice versa;

c) a reference to a party includes that party’s executors, administrators, substitutes, successors and permitted assigns;

d) any covenant, agreement or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;

e) the meaning of general words is not limited by specific examples introduced by ‘including’, ‘such as’, ‘for example’ or ‘even if’, or other similar expressions;

f) a reference to a document (including these Terms) includes the document as modified from time to time and any document replacing it;

g) a reference to one gender includes each gender; and

h) a provision of these Terms will not be construed adversely to a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in these Terms.

19. Feedback

If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our Services (“Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with those Terms and Conditions, our Privacy Policy and any other applicable laws.

Last updated: 19/06/23