CareMonitor App Terms of Use

CareMonitor products and services are owned and operated by CareMonitor Pty Ltd (ABN 50 616 417 728).

General use of the CareMonitor website located at www.caremonitor.com.au (the “Website”) is governed by the terms accessible here.

By accessing and/or using the CareMonitor App, you agree to these App Terms of Use, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using the App and our services if you do not agree to these Terms. These Terms of Use form an agreement between each Patient User and CareMonitor (the “Agreement”).

In these Terms, ‘CareMonitor’, 'us', 'we' and 'our' means CareMonitor Pty Ltd and our related bodies corporate. “Patient User” or “you” means an individual who creates an account in CareMonitor via the CareMonitor App.

These Terms may be amended by CareMonitor from time to time. CareMonitor will use reasonable efforts to ensure that any changes to these Terms are made available to Patient Users not less than 30 days prior to taking effect. A Patient User’s continued use of the CareMonitor App following the date such amended terms take effect will be deemed to be acceptance of any amended Terms. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using the CareMonitor App in accordance with this Agreement.

1. About CareMonitor

CareMonitor is a patient care management system delivered to health care professionals as software-as-a-service (“CareMonitor SaaS”) and to patients via a mobile application (“CareMonitor App”). These terms apply to use of the CareMonitor App. If you are a health care professional using CareMonitor SaaS the SaaS Terms of Use apply to you, not these App Terms of Use.

To access all functionality of the CareMonitor App the Patient User must be the patient of a general practice, or a customer of a health services provider, that utilises CareMonitor SaaS (a “Health Service Provider”). Patient Users may also use the CareMonitor App to procure certain services from their Health Service Provider.

2. Disclaimer

The CareMonitor App is designed to assist patients in monitoring and managing their health, whether alone or in conjunction with a health care professional. It is provided on an “as-is” and “as-delivered” basis and all warranties of fitness and merchantability are excluded to the maximum extent possible at law. CareMonitor does not warrant that the CareMonitor App will be constantly available, uninterrupted, secure, or error-free, or that it will be compatible with any technology.

Patient Users acknowledge and agree that:

(a) the CareMonitor App has not been prepared to meet the Patient Users’ individual needs;

(b) it is the Patient User’s obligation to ensure the CareMonitor App is suitable for the Patient Users’ needs; and

CareMonitor does not provide medical advice and does not review the data entered by Health Service Providers (including the information provided by Health Service Providers in connection with the treatment of, or otherwise for the use of, Patient Users). Patient Users use the CareMonitor App at their own risk and should discuss the suitability of the CareMonitor App with their Health Service Provider. CareMonitor disclaims any liability in connection with the Patient User’s use of the CareMonitor App, and any treatment provided to the Patient User via the CareMonitor App, to the maximum extent possible at law.

3. Registration

Patient Users must register to access the CareMonitor App.

When a Patient User registers and activates its account, it will provide CareMonitor with personal information such as the Patient User’s name and email address, telephone number, and information relating to the Patient User’s health. Patient Users must ensure that this information is accurate and current.

Each Patient User expressly consents to CareMonitor collecting the Patient User’s personal information (including sensitive health information) from Health Service Providers authorised by the Patient User, for the purposes of providing CareMonitor’s services to the Patient User, including via the CareMonitor App. When you create an account in CareMonitor you consent to us obtaining your personal information (including sensitive health information) from the Health Service Provider who is primarily responsible for your care via CareMonitor (whether that be a treating GP, a health insurer, or some other provider). You also consent to us providing personal information (including sensitive health information) that we collect from you via the CareMonitor App to that Health Service Provider. You agree that we may collect personal information from, and disclose personal information to, other members of your Care Team (as defined below) from time to time.

We will handle all personal information we collect in accordance with our Privacy Policy.

When a Patient User registers and activates its account, we will provide the Patient User with a user name and password. Patient Users are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, the Patient User must be:

(a) at least 18 years of age, unless express consent has been given to CareMonitor in writing by the Patient User’s parent or guardian;

(b) possess the legal right and ability to enter into a legally binding agreement with us; and

4. Use of the CareMonitor App

4.1 Grant of Right to Use

Subject to compliance with these Terms and to payment of any applicable Additional Service Fees, CareMonitor grants the Patient User the personal, non-exclusive, non-transferable, non-sub-licenseable right to access and use the CareMonitor App for the duration of the Term. The Patient User must not allow any other person to access or use the CareMonitor App.

4.2 Prohibited Activity

Patient Users must not:

(a) commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

(b) attempt to undermine the security or integrity of CareMonitor’s systems or networks or, where a service is hosted or provided by a third party, that third party’s system or network;

(c) make any use of the CareMonitor App which is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another’s privacy or constitutes a breach of any other of the legal rights of individuals (including with respect of the Spam Act);

(d) use, or misuse, the CareMonitor App in any way which may impair the functionality of the CareMonitor App or any other network or system used to deliver the CareMonitor App or services;

(e) attempt to gain unauthorised access to any materials other than those to which the Patient User has been given express permission to access;

(f) transmit or input into the CareMonitor App:

(i) any files that may damage the CareMonitor App or any other person’s computing device or software; or

(ii) any illegal or offensive content or content that otherwise infringes any law or regulation; or

(g) attempt to modify, copy, adapt, reproduce, disassemble, decompile, create derivative works from, or reverse engineer any computer programs used to deliver the CareMonitor App, or any other element of the CareMonitor system.

4.3 Passwords and Usernames to be kept secure

Patient Users must ensure that all CareMonitor App usernames and passwords are kept secure and confidential. Patient Users must immediately notify CareMonitor of any unauthorised use of a username or password or any other breach of security.

5. Patient User Obligations

5.1 Payment Obligations

Where Patient Users procure Additional Services (as defined below) the Patient User’s credit card (as provided to CareMonitor) will be debited the amount of the relevant payment and the Patient User expressly agrees to CareMonitor debiting the Patient User’s credit card for the relevant amount.

5.2 Communication Obligations

Patient Users must only use communication functionality of the CareMonitor App to communicate with Health Service Providers for genuine treatment-related issues, and must not use the CareMonitor App for any private, non-professional communications unrelated to the Patient User’s health care.

6. Additional Services

6.1 Additional services may be offered to the Patient User by a Health Service Provider via the CareMonitor App (“Additional Services”).

6.2 Charges for Additional Services will be set by the Health Service Provider and displayed in the CareMonitor App. To procure Additional Services a Patient User must have a valid credit card.

6.3 Patient Users may procure an Additional Service by selecting the Additional Service in the CareMonitor App.

6.4 Patient Users will be charged for the Additional Service at the commencement of the Additional Service.

6.5 Patient Users acknowledge that CareMonitor may receive a commission or fee from the Health Service Provider in respect of Additional Services provided by the Health Service Provider via the CareMonitor App.

7. The Care Team

Subject to obtaining your consent in each instance, a Health Service Provider may permit other qualified health care professionals (such as specialists and allied health professionals) to access and edit your record in CareMonitor (the “Patient Record”). These health care professionals are referred to as your “Care Team” and each professional is a “Care Team Member”. The level of access permitted to Care Team Members will be determined by the Health Service Provider primarily responsible for the administration of the Patient Record from time to time.

You agree that Health Service Providers may add Care Team Members provided they have obtained your prior consent. You acknowledge that there is no obligation for you to agree to any health care professional being added to your Care Team, but that if you do not agree to a health care professional being added to your Care Team you may not be able to receive the full benefit of the management of your healthcare via the CareMonitor system. You agree that CareMonitor may disclose your personal information to, and collect personal information relating to you from, all members of your Care Team from time to time.

8. Support

8.1 Technical Issues

In the case of technical or other availability issues with the CareMonitor App you must make all reasonable efforts to investigate and diagnose such issues prior to contacting CareMonitor. If you require additional support you can contact Caremonitor at support@caremonitor.com.au.

8.2 Service Availability

CareMonitor may, on occasion, make the CareMonitor App or other elements of the CareMonitor system unavailable for the purposes of performing maintenance or development. CareMonitor will use reasonable endeavours to publish details of such maintenance or development on the Website, and will use reasonable endeavours to ensure that such maintenance or development is conducted during time periods that minimise disruption of the CareMonitor service to Patient Users. All users acknowledge that CareMonitor may be required to perform urgent maintenance or development at any time and under such circumstances CareMonitor may make the CareMonitor App or any other element of the CareMonitor system unavailable without notice for the purposes of performing such urgent maintenance or development.

9. Term and Termination

9.1 Term

The Term commences upon a Patient User registering an account and concludes on the date of termination as set out in this Clause 9.

9.2 Termination for Convenience

A Patient User may terminate this Agreement at any time on 30 days notice by notifying CareMonitor in writing at support@caremonitor.com.au.

CareMonitor may terminate this Agreement at any time on written notice to a Patient User, however where this Agreement is terminated without cause CareMonitor will use reasonable efforts to provide the Patient User with not less than 30 days notice of such termination.

9.3 Termination for Breach

If a Patient User:

(a) breaches any term of this Agreement that is not capable of remedy;

(b) breaches any term of this Agreement that is capable of remedy and does not remedy that breach within 7 days of receiving notice of the breach from CareMonitor; or

(c) becomes insolvent or bankrupt, or goes into liquidation, or has a receiver or manager appointed to any of its assets, or makes any arrangement with its creditors,

then CareMonitor may, in its discretion, do any one or more of the following:

(d) terminate this Agreement and the Patient User’s access to the CareMonitor App;

(e) suspend the Patient User’s use of the CareMonitor App; or

(f) suspend or terminate the Patient User’s access to any data or other information held by CareMonitor (other than where access is required to be given by law).

9.4 Accrued Rights

Termination of this Agreement is without prejudice to any rights or obligations of the parties accrued up to and including the date of termination. On termination of this Agreement Patient Users remain liable for all accrued charges and amounts payable as of the date of termination. The Patient User’s right to access and use the CareMonitor App ceases immediately upon termination of this Agreement for any reason.

10. Indemnity

Each Patient User indemnifies CareMonitor from and against all claims, costs, damage, loss, liability, and expense arising from any breach of this Agreement by the Patient User.

11. Intellectual property rights

Unless otherwise indicated, CareMonitor owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the CareMonitor App, the other elements of the CareMonitor system, and in all of the material (including all text, graphics, and logos) made available on the CareMonitor App and CareMonitor system (Content).

Patient Users’ use of CareMonitor App and use of and access to any Content does not grant or transfer any rights, title or interest to Patient Users in relation to CareMonitor App, the CareMonitor system, or the Content. However CareMonitor grants the Patient User the right to access the CareMonitor App and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of the CareMonitor App, other elements of the CareMonitor system, or the Content is prohibited and may result in civil and criminal penalties.

All other use, copying, reproduction, or reverse engineering of the CareMonitor App, the CareMonitor system, and the Content or any part of it is prohibited, except to the extent permitted by law.

12. Confidentiality

Each party will preserve the confidentiality of all Confidential Information of the other party obtained in connection with this Agreement. Neither party will disclose any Confidential Information of the other party other than where the other party has given its prior written permission or where the Confidential Information must be disclosed by law.

“Confidential Information” means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by the Patient User or CareMonitor or which is otherwise learned or accessed by the Patient User or CareMonitor as a result of entering into this Agreement.

13. Data

Patient Users remain the owner of all data and other information entered into the CareMonitor App other than to the extent that such data or other information is incorporated into or otherwise forms a part of the Patient Record.

Each Patient User agrees that the Patient Record is the property of the Health Service Provider primarily responsible for the treatment of the Patient User from time to time and that CareMonitor may transfer the Patient Record, in whole or in part, to that Health Service Provider at any time.

Patient Users may access and correct records held by CareMonitor in accordance with the terms of the CareMonitor Privacy Policy and otherwise in accordance with applicable law. CareMonitor may require that you prove your identity prior to you being given access to any records.

Upon termination of this Agreement for any reason CareMonitor may retain Patient User data as required by law or the terms of any relevant insurance policy. Any Patient User data no longer required by CareMonitor for the provision of services or required to be retained under this provision will be deleted.

Patient Users consent to the deidentification of data and other information provided under this Agreement and the use of such data by CareMonitor for any purpose.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall CareMonitor be liable for any direct or indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a Patient User’s use of the CareMonitor App, or as a result of the inaccessibility of the CareMonitor App and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

14.2 Other than as set out in Clause 14.3 below, to the extent that CareMonitor has any liability to a Patient User, CareMonitor’s total aggregate liability to that Patient User in connection with any breach of this Agreement by CareMonitor will be limited to the total amount paid to CareMonitor by the Patient User under this Agreement.

14.3 To the extent that the CareMonitor App is in breach of any statutory warranty or guarantee that cannot be excluded by law the sole remedy of the Patient User will be (at CareMonitor’s sole discretion):

(a) the resupply of the CareMonitor App services (or any other services delivered via the CareMonitor App – including Additional Services) to the Patient User; or

(b) the payment of the cost of having the services supplied to the Patient User again.

14.4 If a Patient User is not satisfied with the CareMonitor App, the Patient User’s sole remedy is to cease using the CareMonitor App and to terminate this Agreement in accordance with Clause 9.

15. General

15.1 Entire Agreement

These App Terms of Use, together with the Privacy Policy, and the terms of any other notices or instructions given to Patient Users under these App Terms of Use supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the Patient User and CareMonitor relating to the use of the CareMonitor App and the other matters dealt with in these App Terms of Use.

To the extent of any inconsistency between these App Terms of Use and any other terms, these App Terms of Use will prevail.

15.2 No Assignment

A Patient User may not assign or transfer any rights under this Agreement to any third party without CareMonitor’s prior written consent.

15.3 Severability

If any part of provision of these App Terms of Use is invalid, unenforceable, or in conflict with any law, that part or provision is excised from this Agreement and the remainder of the Agreement will be unaffected.

16. Jurisdiction and governing law

Your use of the CareMonitor App and these Terms are governed by the law of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

Last Updated: 19 October 2020