Last updated: July 2019
Please read these Terms and Conditions (Terms) carefully before using the CareMonger mobile application (the App) operated by Appic Apps Pty Ltd ACN 614 621 966 (us, we, or our).
By accessing and using the App, you are entering into a legally binding agreement with us. In consideration for us granting you access to and use of the App, you agree to be bound by and comply with these Terms. You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or legal guardian and they agree to be bound by these Terms on your behalf.
If you do not agree to be bound by any part of these Terms, then you may not access or use the App.
Our App allows you to post, share with other users and otherwise make available certain information, text, graphics and other material (Content). You are responsible for the Content that you post to the App, including its compliance with these Terms.
By posting Content to the App, you grant us a non-exclusive, perpetual, irrevocable licence to use, modify, perform, display, reproduce, and distribute such Content on and through the App, and to use and reproduce the Content in connection with our management, operation and marketing of the App. You retain any and all of your rights to any Content you submit, post or display on or through the App and you are responsible for protecting those rights.
You represent and warrant that you own all Content that you upload to the App or you otherwise have the right to use such Content and to grant us the licence as provided in these Terms.
You must not upload to the App any Content where: (i) use of the Content as
contemplated by these Terms infringes or breach any rights of any person (including
privacy rights, publicity rights, copyright or rights under contract) (ii) use of the Content
as contemplated by these Terms may cause you or us to breach any law, regulation, rule,
code or other legal obligation; (iii) the Content is or could be reasonably considered to
be obscene, inappropriate, misleading or deceptive, defamatory, disparaging, indecent,
seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred,
discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iv) the
Content is unsolicited, undisclosed or unauthorised advertising; (v) the Content contains
software viruses or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software, hardware or
telecommunications equipment; and (vi) the Content brings us or the App into
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
We may monitor the Content incorporated into the App by you or other users for compliance with these Terms, but we are under no obligation to do so. We reserve the right to modify or remove any Content at any time.
We assume no responsibility for any Content shared with you by other users of the App. If you receive Content from a user of the App which you find offensive or otherwise consider breaches these Terms, you may report that Content to us. If we consider that a user you report to us has breached these Terms we may (but are under no obligation to) suspend or terminate that user's account.
2. Your Account
You are responsible for safeguarding the device that you use to access the App.
You agree to be fully responsible for all access or use of the App from your device. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of the App through your device.
You may not use as a username or other identifier (including a photograph) any name that is Content prohibited under these Terms, including a name or graphic that infringes a third party's trade mark or a that is otherwise offensive, vulgar or obscene.
You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
3. Intellectual Property
The App and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of us and our licensors. The App and its content are protected by copyright, trade mark, and other laws of both the Australia and foreign countries. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you. You may not use our trade marks in Australia or anywhere else in the world without our prior written consent, except to legitimately identify our products or services.
You are permitted to use the App only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the App to display, use and submit Content for your personal use and subject to these Terms.
You must not: (i) use the App (or any of its content, including user-submitted Content)
for any purpose other than as permitted by these Terms; (ii) disassemble, decompile,
reverse engineer, or create derivative works or functionally equivalent software from,
the App (except to the extent permitted by law); or (iii) copy or download, in a
systematic manner, any text, graphics, information, designs, data or other content from
the App, or communicate or otherwise distribute such systematically obtained text,
graphics, information, designs, data or other content.
Any opinions, statements or other information or content expressed or made available by any other users of the App are those of the respective authors or distributors and not of us.
4. Links To Other Websites
Our App may contain links to third party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such links to external websites does not imply our endorsement of those websites. When you access other websites on the internet, you do so at your own risk.
5. Apple-Specific Terms And Conditions
In addition to your agreement to be bound by and abide by these Terms, you further acknowledge and agree to the following provisions with respect to your use of the App that is compatible with the iOS operating system of Apple Inc (Apple).
Apple (i) is not a party to these Terms and is not responsible for the App nor the content contained in the App; (ii) is not responsible for providing any maintenance or support services in respect of the App and has no obligation whatsoever to furnish any such services; (iii) is not providing any warranties for the App, except if applicable, to refund the purchase price for it; (iv) is not responsible for addressing any of your claims in relation to the App, including product liability claims, claims relating to a failure of the App to conform with any legal or regulatory requirement, or claims arising under consumer protection legislation; and (v) is not responsible for any claim that the App or your possession or use of the App infringes any third party's intellectual property rights, nor is Apple responsible for the investigation, defence, settlement or discharge of any such claim. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us.
Apple and Apple's subsidiaries are third party beneficiaries of these Terms and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you. However, our right to enter into or terminate these Terms, or to vary or waive any of these Terms, is not subject to the consent of Apple or any other third party.
The rights to use the App that you have been granted under this Agreement are limited
to a non-transferable licence to use the App on an Apple-branded product that runs
Apple’s iOS operating system and is owned or controlled by you, or as otherwise
permitted by the Usage Rules set out in Apple’s App Stores Terms of Service.
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including (without limitation) if you breach any of these Terms.
We may also change all or part of the App (including the availability of any feature or content) or suspend access to the App at any time for any reason, and impose limits on certain features or restrict your access to all or part of the App, without having to give you notice.
All provisions of these Terms which by their nature should survive termination shall survive termination of your use of the App (whether we terminate your access or you discontinue using the App and delete it from your device), including (without limitation) ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Consumer Guarantees
To the extent that you acquire goods or services from us as a consumer within the meaning of the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
Nothing in these Terms operates to exclude, restrict or modify the application of any condition, warranty or provision implied by law, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would: (i) contravene that statute; or (ii) cause any of these Terms to be void. To the extent permitted by law, our liability in respect of such obligations is limited to the repair or, if necessary, the replacement of, the goods or the supplying again of any services (as the case may be) supplied under these Terms.
You agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities (including but not limited to legal fees and expenses) relating to any claim arising out of or related to your access to and use of the App or your breach of these Terms.
9. Limitation Of Liability
Subject to clause 7 and to the extent permitted by law, we exclude liability for all direct,
indirect or consequential liabilities, losses, damages, costs and expenses (including,
without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss
of or damage to reputation, loss under or in relation to any other contract, loss of data,
loss of use of data or loss of anticipated savings or benefits), whether arising in contract,
tort (including negligence) or otherwise, suffered or incurred by any person arising out
of: (i) your use of the App, including any copying, distribution, or downloading of
Content from the App, including in connection with any disruption to or unavailability
or failure of the App or as a result of any fraudulent or illegal use of the App by any third
party; (ii) arising from any circumstance beyond our control; or (iii) under these Terms.
Without limiting the foregoing but subject to clause 7, in no event will our aggregate liability to you exceed, in total, any amounts paid by you to us.
Subject to clause 7, your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis and without warranties of any kind, whether express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Subject to clause 7, we and our subsidiaries, affiliates, and licensors do not warrant that: (i) the App will function uninterruptedly or without errors, or be secure or available at any particular time or location; (ii) any errors or defects in the App will be corrected; (iii) the App is free of viruses or other defects, errors or harmful components that may affect your device, software or systems; (iv) the results of using the App will meet your requirements; or (v) any content on the App will be complete, accurate, reliable or suitable for any purpose.
You should protect your device, software and systems by installing and implementing your own security and system checks.
You acknowledge and agree that your profile will be visible to other users of the App.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Any failure by us to enforce any right under, or provision of, these Terms will not be considered a waiver of those rights. If any provision, or part of any provision, of these Terms is held to be invalid or unenforceable by a court, that provision (or that part of a provision) may be severed from these Terms and the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the App, and supersede and replace any prior or subsequent agreements (whether in writing or verbal) between you and us regarding the App.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision imposes any material burden on you or causes you any material disadvantage, we will try to provide at least 30 days' notice prior to any new terms and conditions taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do
not agree with any of the changes to these Terms, you must stop using the App. Your
continued use of the App after any change will be deemed as your acceptance of these
Terms as amended.
14. Contact Us
If you have any questions about these Terms or the App, please contact us
at firstname.lastname@example.org. We take your feedback seriously and will
promptly investigate and respond to all genuine issues and concerns.