Terms and Conditions for use of R-U-Ontrak - Australia and New Zealand
Thank you for using R-U-Ontrak.
R-U-Ontrak Pty Ltd (we, us or our), of Suite 3, 60-64 Railway Road, Blackburn, Vic 3130, is the owner and operator of R-U-Ontrak.
R-U-Ontrak consists of a digital platform including the R-U-Ontrak app (App) and the R-U-Ontrak website (Website).
If you are a user of the App (User), you can:
Set goals that will impact on your quality of life, and target end dates to achieve these goals.
Connect some of your health, fitness and lifestyle apps, ie Apple Health on iOS, and calendar to the App and you can communicate the details of your activities with your health service providers, trainers, and coaches (Providers). This enables your Providers to keep track of your progress towards your goals and set you activities to help you achieve them.
If you are a Provider, you can record data on and communicate with Users you are working with and set them activities through the Website.
1. Please read through the following terms and conditions (Terms). The Terms will form an agreement between you and R-U-Ontrak Pty Ltd which will govern your use of the App and Website.
2. By accessing App and/or Website, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.
3. Failure to comply with these Terms may result in termination, suspension or restriction of your access to the App and/or Website without notice in our absolute discretion.
4. If you disagree with any of these Terms, please do not use the App or Website.
6. You warrant that if you provide personal information of any other individuals through the App or Website, you have obtained the consent of each such individual.
7. R-U-Ontrak contains a group function that allows you to connect to and communicate with other Users and Providers (with your consent). So you can connect to other Users and Providers we may collect personal information about you from other Users and Providers (such as your name, email address and phone number), just as you may provide these details for other Users and Providers. You may send ‘join group’ invitations and you agree that other R-U-Ontrak Users and Providers may send you join group invitations. It is up to you whether to accept or decline any such invitation. If you send or accept an invitation to join a group, you give your consent for us to disclose your personal information (including as applicable your full name, mobile number, email address, organisation and role and, if you are under the age of 18, the fact that you are under 18 and your parents’ or guardian’s names and details) to be shared with the other members of the group.
8. You must not share with any third party, copy or export any other individual’s personal information from the App or Website unless this is in accordance with applicable privacy laws.In addition, if you wish to share, copy or export an individual’s personal information from the App or Website you must: (i) have each such individual’s consent prior to doing so; (ii) notify each such individual that you are collecting information from or about them through R-U-Ontrak; and (iii) notify each such individual regarding how you will collect, use, and share their information, and the security measures you use to safeguard their information.
9. Unless expressly stated otherwise, we are the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the App and Website (not including any third party apps or websites), whether or not you contribute to such material.
10. Except to the extent permitted by the ‘Limited Licence’ in these Terms below, or as required under law, the App or Website must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express written consent.
11. We grant you a limited, revocable, and non-exclusive licence to access and use the App and Website (Limited Licence). The rights granted to you by the Limited Licence are personal, and are intended to allow you to access and use the App and/or Website for the purposes described under these Terms above under the heading ‘About R-U-Ontrak’. You must not access or use the App or Website for any other purpose, including commercial purposes.
Use of the R-U-Ontrak App and Website and third party links and databases
12. You must not make any part of the App or Website available as part of another application or website in any manner without our express written consent.
13. We may provide link/s to or information from third party applications or websites through the App or Website. You are responsible for assessing the relevance and accuracy of any content on the App and Website including any information provided by third parties.
14. We do not endorse any Providers or other third parties (such as other app providers), nor do we endorse the content of the websites or apps of any Providers or other third parties that may be accessed through or connected to the App or Website. In addition, we make no claims or representations that information provided by any such Providers or other third parties is accurate.You may contact us by emailing firstname.lastname@example.org if you believe the App or Website contains materials or links that you believe are inappropriate.
15. Linked Provider and other third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such Provider or third party applications or websites.
16. We are in no way responsible nor liable to you for the function, content or security of such Provider or other third party applications or websites.
17. Should you disclose your personal information to a Provider or any other third party through the App or Website, we are in no way responsible nor liable to you for any Provider or other third party’s handling of your personal information outside of the App or Website. Before you provide your information to any Provider or other third party, you should familiarise yourself with any privacy policies of the Provider or third party.
Limitation of Liability
18. We do not make any warranties or representations regarding the quality or accuracy of information provided through the App or Website.
19. The App and Website allows you to connect with Users, Providers and other third parties that may provide you with information.The App and Website may also provide general information regarding health and wellbeing and/or management of certain types of injuries and conditions. However, such information provided through the App or Website does not constitute health, medical or any other form of advice. Such information is provided ‘as is’ , and we do not sponsor, endorse or approve of such information.
20. To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: (i) your use of the App or Website; or (ii) any information contained in or accessed through the App or Website; or (ii) any services, advice, treatment or handling of your personal information provided by Providers or other third parties which you access or which arise in connection with your use of the App or Website.
21. We are not responsible for the deletion or otherwise unavailability of information or functionality contained in or accessed through the App or Website.
22. Currently, a User is not required to pay a fee for using the App and a Provider is not required to pay a fee for using the Website.We will not charge any fees for use of the App or Website while COVID-19 is still significantly restricting activity, however, R-U-Ontrak may in future introduce a monthly subscription fee for Providers and/or Users to use R-U-Ontrak.We will provide you with reasonable advance notice of any such fees applying, but in any case, no less than 28 days’ notice.If you do not agree with the applicable subscription fees, your access to R-U-Ontrak will be cancelled at the end of the notice period.If you agree to pay the applicable subscription fees, the following terms will apply:
22..1 All subscription fees must be paid in advance.The applicable fees will be billed automatically at the start of the relevant monthly period.These fees will automatically renew until you cancel your subscription using your account page provided by the App or Website.If you cancel your subscription the cancellation will take effect at the end of your current monthly period. You may renew your subscription at any time after that.
22.2 We reserve the right to change the subscription fees at any time by providing you with reasonable advance notice of any such change (but in any case, no less than 28 days’ notice).Subject to applicable law, you agree to accept any changes to the subscription fees by continuing to use R-U-Ontrak after the price change takes effect. If you do not agree with the changes to fees, you may reject the change by cancelling your subscription prior to the change taking effect.
23. All subscriptions to R-U-Ontrak will be provided in accordance with the Australian Consumer Law contained in the (Cth) and other applicable law, including, if you are a New Zealand-based user, New Zealand law.
Changes to the R-U-Ontrak App or Website
24. We may from time to time amend or update the content or functionality of the App or Website. We may do so at any time in our absolute discretion and without prior written notice to you. We will endeavour to notify you of any material amendments or updates through the App and Website.
Updates to these Terms
25. We may from time to time amend or update these Terms at any time by publishing new Terms on the App and Website. We will notify you of any such amendments or updates through the App and Website. You are bound by any such new Terms if you continue to use the App or Website after we publish those new Terms. If you believe a change has materially adversely impacted you, please contact us by emailing email@example.com.
26. Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
27. These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
28. If you access or use the App or Website in the capacity of an authorised representative of another person or entity, you warrant that the other person or entity has consented to your access and that you are legally authorised to bind that other person or entity to these Terms.
29. We may use a third party authentication application for authentication and sign-in to R-U-Ontrak. A reference to our 'terms of service' in any such third party authentication application is a reference to these Terms.
Version Number 29.05.20 V7