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 the R-U-Ontrak app and the R-U-Ontrak website.
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 R-U-Ontrak app and website.
By accessing the R-U-Ontrak app and/or the R-U-Ontrak website, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.
Failure to comply with these Terms may result in termination, suspension or restriction of your access to the R-U-Ontrak app or website without notice.
If you disagree with any of these Terms, please do not use the R-U-Ontrak app or website.
2. You warrant that you have obtained the consent of any third person whose personal information you provide through the R-U-Ontrak app or website.
3. The R-U-Ontrak app and website contain a chat function that allows you to connect to and communicate with other users of R-U-Ontrak. So you can connect to other users we may collect personal information about you from other users (your name, email address and phone number, and optional business name and role), just as you may provide these details for other users. You agree that other R-U-Ontrak users may send you chat invitations. It is up to you whether to accept or decline any such invitation.
4. The R-U-Ontrak app and website also contain functionality that allows you to create profiles for and track other individuals. If you use this functionality, you must: (i) have each individual’s consent prior to creating a profile for the individual; (ii) notify each such individual that you are collecting information from or about him/her and tracking it 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. If you are tracking multiple profiles, you will be solely responsible for ensuring all data is attributed to the correct user profile.
5. 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 R-U-Ontrak app and website, whether or not you contribute to such material.
6. Except to the extent permitted by the ‘Limited Licence’ in these Terms below, or as required under law, the R-U-Ontrak 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.
7. We grant you a limited, revocable, and non-exclusive licence to access and use the R-U-Ontrak 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 R-U-Ontrak app and/or R-U-Ontrak website for the purposes of monitoring and managing your goals and any minor injuries (‘tweaks’) you may have, and tracking the goals and tweaks of R-U-Ontrak users (but only with their consent). You must not access or use the R-U-Ontrak 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
8. You must not make any part of the R-U-Ontrak app or website available as part of another application or website in any manner without our express written consent.
9. We may provide links to or information from third party applications or websites through the R-U-Ontrak app or website. Users of the R-U-Ontrak app and website are responsible for assessing the relevance and accuracy of its content including any information provided by third parties.
10. We do not endorse the content of any third party links in the R-U-Ontrak app or website, nor do we claim that information provided by any such third parties is accurate.You may contact us by emailing email@example.com if you believe the R-U-Ontrak app or website contains materials or links that you believe are inappropriate.
11. Linked 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 third party applications or websites.
12. We are in no way responsible nor liable to you for the content or security of such third party applications or websites.
13. Should you consent to share your personal information with a third party database through the R-U-Ontrak app or website, we are in no way responsible nor liable to you for the third party’s handling of your personal information outside of the R-U-Ontrak platform. Before you consent to provide your information to a third party database, you should familiarise yourself with any privacy policies of the third party.
Limitation of Liability
14. We do not make any warranties or representations regarding the quality or accuracy of information provided through the R-U-Ontrak app or website.
15. The R-U-Ontrak app and website must be used for information purposes only. The R-U-Ontrak app and website allow you to provide and organise information regarding your goals and tweaks.The R-U-Ontrak app and website may also provide general information regarding the incidence and current management of certain types of injuries and conditions. However, such information provided through the R-U-Ontrak app or website does not constitute health, medical or any other form of advice. Such information is provided ‘as is’ without warranty of any kind, express or implied, to the extent permitted by law, and we do not sponsor, endorse or approve of such information.
16. 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 your use of the R-U-Ontrak app or website or in connection with any information contained in the R-U-Ontrak app or website.
17. We are not responsible for the deletion or otherwise unavailability of information or functionality contained in or accessed through the R-U-Ontrak app or website.
Changes to the R-U-Ontrak app or website
18. We may from time to time amend or update the content or functionality of the R-U-Ontrak 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 R-U-Ontrak app and website.
Updates to these Terms
19. We may from time to time amend or update these Terms at any time by publishing new Terms on the R-U-Ontrak app and/or R-U-Ontrak website. We will notify you of any such amendments or updates through the R-U-Ontrak app and website. You are bound by any such new Terms if you continue to use the R-U-Ontrak app or website after we publish those new Terms.
20. 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.
21. These Terms are governed by the laws of the State of Victoria, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria.
22. If you access or use the R-U-Ontrak 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.
Version Number 01.12.17 V6