Website Terms and Conditions 

Thank you for visiting our website. This website is owned and operated by Caremonitor Pty Ltd (ABN 50 616 417 728). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website and application (‘app’) if you do not agree to these Terms.  

In these Terms, 'us', 'we' and 'our' means Caremonitor Pty Ltd (ABN 50 616 417 728) and our related bodies corporate. ‘Members’, ‘users’ means patients and business partners. 

1) Registration 

You must be a registered member to access certain features of our website and our application.  

When you register and activate your account, you will provide us with personal information such as your name, mailing or street address, email address, telephone number and any other relevant information. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy. 

When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. 

To create an account, you must be: 

  • at least 18 years of age; 

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

  • agree and warrant to use the website in accordance with these Terms. 

2) Definitions

Australian Consumer Law: Consumers have the same protections and expectations about business conduct wherever they are in Australia. 

  • Australian Privacy Principles: Fundamental laws that gives an organisation or agency flexibility to tailor their personal information handling practices to their business models and the diverse needs of individuals. 

  • Consent: is an active affirmation action taken by a registered user indicating willingness for CareMonitor to collect and process limited personal data.  

  • Data Collection: CareMonitor only collects limited personal data as part of user registration process. The main purpose is to ensure provisional screening of active users and minimise potential risks related to data management overhead.  

  • Data Deletion: Members can request to withdraw personal data at any time. CareMonitor will honour the request based on our standard support response timeframe as specified under section 4. 

  • Data Privacy: The protection of members data from unauthorised access, use, or disclosure. 

  • Data Retention: CareMonitor stores data from various sources, including patient-generated health data and synced data from Google Fit, Withings, Apple Health and other metric data relevant to monitoring patient health. 

  • Data Security: The measures and protocols in place to safeguard members data from breaches or unauthorised access. 

  • Data synchronisation: To enable features of our application, CareMonitor may ask members for consent to synchronise data from providers such as Google Fit or Apple Health. 

  • ISO 27001: CareMonitor follows ISO 27001 compliance framework to manage risks related to the security of data owned or handled. 

  • Personal Data: Information related to patients and/or customers as specified in section 1. 

  • Privacy Act (1988): is the principal piece of Australian legislation protecting the handling of personal information about individuals. 

  • Regulatory compliance: A set of best practices CareMonitor undertakes to adhere to the Australian’s Government regulations and guidelines.  

  • Services Agreement: An established agreement where one party agrees to provide services to another party. 

  • Support: Members can request CareMonitor for support relating to account registration and deletion. Customers can request CareMonitor for support in accordance with their active Services Agreement.  

  • User Accessibility: is the extent of ease for a user to use our services. 

3) User Accessibility 

We strive to provide easily accessible website and application for our users. Our design is optimised with clear navigation and readability. We encourage feedback from our users so that our team can improve and make necessary adjustments to enhance user accessibility continually.  

4) Regulatory Compliance 

CareMonitor acknowledges relevant healthcare laws, data protection statues and wearable device directives. We strive to implement best practices following the ISO 27001 compliance framework and guidelines from the Australian Government agencies to help maintaining our compliance status. CareMonitor conducts internal and external audit regularly to ensure any identifiable gaps and address them promptly to uphold the highest standards of data security and privacy.  

5) Data Retention, Protection and Privacy

We collect limited personal information and health-related data including synced data from your wearable devices such as Google Fit, Withings, Apple Health, in order to enable you to access and use our services, website, and app; to assist you and your health providers to better co-ordinate your health care; to send you services, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you; to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties and for purposes otherwise set out in our Privacy Policy.  

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services or products to you.  

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at support@caremonitor.com.au.  

  • For critical issues: Our support team will acknowledge receipt within 4 hours.  

  • For non-critical issues: Our commitment is to provide acknowledgment within 24 hours.   

By providing your personal information and health-related to us, you consent to the collection, use, storage, and disclosure of that information as described in the Privacy Policy and these Terms. CareMonitor adheres to ISO 27001 standards in data retention, protection, and privacy requirements as part of our best practices. 

6) Data Deletion 

CareMonitor adheres to ISO 27001 standards to ensure that data is securely erased when it is no longer needed. This also applies to data deletion requests directed from our members and users. Members and users can submit data deletion request on https://support.caremonitor.com.au/hc/en-us/requests/new.

We will undertake necessary steps to verify the types of requests, our data retention schedules, and legal obligations prior to proceeding with the deletion. Secure deletion methods are employed to ensure the irreversible destruction of digital records. Techniques are chosen based on the sensitivity of the data and may range from overwriting to physical destruction of storage media.

Every deletion action is logged, detailing what data was deleted, by whom, when, and the methods used. Following the deletion, verification is performed to confirm that the data has been securely erased and is irretrievable.

This serves as a quality control measure to ensure all protocols have been followed correctly. 

7) Accuracy, completeness, and timeliness of information 

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website. 

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. 

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date. 

8) Purchases 

In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian competition and consumer act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian consumer Law or the competition and consumer regulation 2010 are expressly excluded where permitted including liability for incidental or consequential damages caused by a breach of an express or implied warranty or condition. 

9) Linked sites 

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.  

10) Intellectual property rights 

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (content).  

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website 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 this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.  

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.  

11) Unacceptable activity 

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to: 

  • 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; 

  • using this website to defame or libel us, our employees or other individuals; 

  • uploading files that contain viruses that may cause damage to our property or the property of other individuals; 

  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.  

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice. 

12) Warranties and disclaimers 

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. 

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage, or liability that may arise as a result.  

13) Liability 

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. 

14) Jurisdiction and governing law 

Your use of the website and these Terms are governed by the law of New South Wales, the Australian Privacy Principles under the Privacy Act (1988) and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.