Terms

Handy Health Pty Ltd ACN 640 738 307 (“Handy Health,” “our,” “us,” or “we”) owns and operates this mobile software application (“App”). Access to and use of this App and the products and services available through this App (collectively, “Services”) is subject to the following terms, conditions, and notices (“Terms of Use”). By using the Services, you agree to be bound by all of the Terms of Use, including our Privacy Policy, as may be updated by us from time to time.

If you do not agree to these Terms of Use, you must immediately uninstall the App and discontinue its use. These Terms of Use should be read alongside our Privacy Policy.

  1. App, Privacy Policy, and related T&C’s
    1. Our privacy policy, which sets out how we will use your information, can be found at www.handyhealthapp.com/privacypolicy (“Privacy Policy”). By using this App or accessing the Services, you consent to the processing of your information described in the Privacy Policy and warrant that all data provided by you is accurate. In particular, you authorise us to disclose your health information to any person nominated explicitly by you to receive such information.
    2. We may, from time to time, vary these Terms of Use. Please check these Terms of Use regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
    3. Depending on the version of the App you have downloaded, these Terms of Use incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these Terms of Use and the Platform Terms, then these Terms of Use will prevail.
    4. You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third-party charges as may arise, and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
  2. Licence to use App
    1. You must be at least 18 years of age and resident in Australia to use this App.
    2. You acknowledge and agree that:
      1. the purpose of the App is for you to collect, record and store a copy of your health information in electronic format for later access, by you and your nominee (if any), for retrieval and use on the App while you and your nominee (where applicable) hold a User Licence (“Purpose”); and
      2. your use of the App is conditional upon you retaining backup copies of your health records elsewhere; and
      3. your use of the App and the Services do not constitute the supply by Handy Health or its directors, officers, employees, consultants, agents, and affiliates (“Associates”) of:
        1. a medical diagnosis, or
        2. a medical service, or
        3. a health service, or
        4. an advisory service.
    3. We grant you a non-exclusive, revocable, non-transferable licence to use the App in Australia for your personal, non-commercial use for the Purpose, and only on an Apple device or Android device (“Device”) as permitted by the applicable Platform Terms and these Terms of Use (“User Licence”). All other rights in the App are reserved by Handy Health.
    4. You may access and use the App (including any incidental copying that occurs as part of that use) in a reasonable manner. You may also print one copy of any page within the App for your own personal, non-commercial use.
    5. You must not add any content to the App:
      1. unless you hold all necessary rights, licences, and consents to do so;
      2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
      3. that is, or could reasonably be considered to be, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or violation of privacy;
      4. that is likely to disrupt the Services in any way;
      5. that would bring us, or the App, into disrepute; or
      6. that infringes the intellectual property or other rights of any person.
    6. The App contains links to other software applications and websites as well as content added by people other than us. We do not endorse, sponsor, or approve any such user-generated content or any content available on any linked software application or website (collectively, “3rd Party Content”), and we accept no responsibility for 3rd Party Content.
    7. You also acknowledge and agree that:
      1. we retain complete editorial control over the App and may alter, amend, or cease the operation of the App at any time in our sole discretion; and
      2. the App will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
  3. Intellectual Property Rights
    1. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the App.
    2. By posting or adding any content onto the App, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, and transferable right and licence to use that content in any way (including, without limitation, by reproducing, reformatting, and storing the material in a cloud-based facility, using infrastructure located in Australia) and permit us to authorise any other person to do the same thing, subject to our Privacy Policy.
    3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If you add any content in which any third party has moral rights, you must also ensure that the third-party also consents in the same manner.
    4. The licence in clause 3.3 will survive any termination of these Terms.
    5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 3.2 and 3.3.
  4. Warranties
    1. You represent and warrant to us that:
      1. you have the legal capacity to enter into these Terms of Use; and
      2. you have complied with clause 2.5.
  5. Disclaimer of Liability
    1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this App is provided without any guarantees, conditions, or warranties as to its accuracy.
    2. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
    3. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use, arising out of or related to the use, inability to use, performance or failures of this App or the 3rd Party Content, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
    4. These Terms of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction, or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
      1. in the case of goods:
        1. the replacement of the goods or the supply of equivalent goods; or
        2. the repair of the goods; or
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of having the goods repaired, and
      2. in the case of services:
        1. the supply of the services again; or
        2. the payment of the cost of having the services supplied again.
  6. Intellectual property, software, and content
    1. The intellectual property rights in all software and content (including photographic images) made available to you on or through this App remain the property of Handy Health or its licensors. They are protected by copyright laws and treaties around the world. Handy Health and its licensors reserve all such rights. You may store, print, and display the content supplied solely for your personal use. You are not permitted to use any such content in connection with any business or commercial enterprise.
  7. Indemnity
    1. You agree to indemnify, defend and hold harmless Handy Health and its Associates from any third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this App or your breach of the Terms of Use.
  8. Variation
    1. Handy Health has the right in its absolute discretion, and at any time and without notice, to amend, remove, or vary the Services or any page of this App.
  9. Termination
    1. These Terms of Use terminate automatically if, for any reason, we cease to operate the App.
    2. We may otherwise terminate the User Licence immediately, on notice to you, if you have breached these Terms of Use in any way.
  10. General
    1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms of Use.
    2. If a provision of these Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. The laws of New South Wales govern these Terms of Use, and each party submits to the jurisdiction of the courts of New South Wales.
  11. Complaints
    1. Handy Health operates a complaints’ handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting:
      1. Handy Health Support Team
      2. support@handyhealthapp.com.

Handy Health App, Terms of Use, version 2.2, 6 July 2020.