Please read this carefully before opening or using the InteliCare Application.

 

These Terms of Use govern Your use of the InteliCare software application known as ‘InteliCare’, ‘InteliLiving’ or ‘InteliCare Pro’ (Application) and form a legally binding agreement between InteliCare Holdings Ltd ACN 607 124 247, as owner and operator of the Application (InteliCare, us, we) and You in relation to Your use of the Application.

It is important that you read these Terms of Use before using the Application.  If You have any questions, please contact us at support@intelicare.com.au.

From time to time, these Terms of Use may change.  Please check these Terms of Use regularly so you are aware of any changes.  Once You have accepted these Terms of Use (see below) Your continued access to and use of the Application once You have been notified of any revisions or changes to these Terms of Use means that You accept those revisions or changes.

In this document:

  1. Acceptance and use
    • By acknowledging that You agree to these Terms of Use, or otherwise by using the Application, You agree to be bound by these Terms of Use.
    • Your use of the Application or any service or content provided through the Application shall be deemed to constitute Your acceptance of these Terms of Use. If You do not agree with these Terms of Use, You must cease using the Application immediately (and remove the Application from Your device).
    • The Application is provided as a means for monitoring Resident’s in-home activity and receiving notifications if unusual occurrences are detected.
    • The Application is intended for use by persons aged 18 and over.
  2. DISCLAIMER
    • THE APPLICATION IS INTENDED TO SERVE AS A HEALTH AND LIFESTYLE MONITORING TOOL. THE APPLICATION USES SENSORS TO GATHER AND SHARE INFORMATION FROM A RESIDENT’S HOME. IT LEARNS DAILY ROUTINES USING ADVANCED ANALYTICS, THEN DETECTS CHANGES IN BEHAVIOUR WHICH MAY INDICATE DECLINES IN PHYSICAL AND MENTAL WELLBEING. THIS APPLICATION IS NOT INTENDED TO BE USED AS A MEDICAL DEVICE OR PROVIDE HEALTH CARE ADVICE.
    • THE SOLUTION IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEATH CARE PROFESSIONAL FAMILIAR WITH THE RESIDENT’S UNIQUE MEDICAL HISTORY AND CIRCUMSTANCES.
    • YOUR USE OF THE APPLICATION IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE APPLICATION.
    • WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON NOTIFICATIONS OR OTHER INFORMATION RECEIVED VIA THE APPLICATION. WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, OR TIMELINESS OF THE APPLICATION.
  3. Collection of Resident Data
    • By using this Application, You confirm that You have obtained the Resident’s express consent for the collection of their Personal Information (including sensitive information) and will be able to provide a record of this consent if InteliCare requires You to do so.
  4. Your obligations
    • You must:
      • only use the Application for the Permitted Purpose in accordance with these Terms of Use and not for any other purpose;
      • ensure that You do not share your log in identifications or passwords with other persons;
      • ensure that all devices used to access the Application have up to date anti-virus software installed and operating;
      • keep all passwords, account names or log in identifications required to access the Application secure and confidential; and
      • comply with any applicable law and regulation relating to downloading content or applications used or supported by the Application.
    • You understand and agree that:
      • it is Your responsibility to evaluate the seriousness of the notifications or alerts received via the Application and take the appropriate action; and
      • neither the Application nor the associated services are intended as a substitute for medical advice.
    • You shall not, nor allow on your behalf, any agent or third party to:
      • copy any aspect of the Application other than in the ordinary course of the operation or use of the Application;
      • subject to applicable law, decompile, disassemble, or otherwise reverse engineer any aspect of the Application or determine any source code, algorithms, methods or techniques used or embodied in the Application;
      • without InteliCare’s prior written consent, modify, translate, adapt or otherwise create derivative works based upon, the Application;
      • copy ideas, features, functions or graphics of the Application for use in another product or service;
      • use the Application directly or indirectly for any activity or upload, store or transmit any data, information or material unlawfully or which prevents any other user from accessing, using or enjoying the Application;
      • use the Application directly or indirectly in any way that could damage, disable, overburden, impair or compromise the Application;
      • use the Application in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms of Use;
      • attempt to gain unauthorised access to the Application or any part thereof, or use another person’s name, registration account, log in identification or password;
      • knowingly introduce or transmit any malicious code or other disabling feature to or from the Application;
      • remove, disable or modify any security, anti-virus or other software on the Application;
      • attempt to gain access to any data or information within or through the Application, other than the data connected to the Permitted Purpose;
      • use the Application in whole or in part to provide any third party, including health care provider or application service provider, with data obtained in connection with these Terms of Use, unless expressly agreed in writing by InteliCare; or
      • remove any intellectual property ownership or management information appearing in any part of the Application;
  1. Availability and functionality
    • You acknowledge that no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which You transmit to us.  Accordingly, any information that You transmit to InteliCare is transmitted at Your own risk.  If You become aware of any problems with security of the data or the Application, please contact us at support@intelicare.com.au.
    • We may change or update the Application at any time. To continue using the Application, You may need to download and install a new version.
  2. Usernames and Passwords
    • You must keep Your personal information secure by maintaining the confidentiality of any password and accounts used on the Application. Please notify us immediately if You become aware of or suspect any unauthorised use of Your Application account by any individual or other internet user or any other breach of the Application’s security.
    • You are responsible for the security of Your user name and password (or other log in information) and You take responsibility to ensure the confidentiality of this information.
  3. Linking and Framing
    • The Application may contain links to other sites. We are not responsible or liable for third party content or information, and do not warrant the accuracy, currency or suitability of that information for any purpose.
  4. Intellectual Property
    • You agree that You will not infringe InteliCare’s Intellectual Property Rights in the Application and will not modify, copy, republish, frame, distribute or communicate any part of the Application or otherwise use the Application in a way which will infringe InteliCare’s Intellectual Property Rights or other rights in the Application.
    • Nothing contained on the Application or in these Terms of Use shall be construed as granting any licence or right to use any of the InteliCare Marks. Any unauthorised use of the InteliCare Marks by You is strictly prohibited.
    • Neither these Terms of Use nor any licence or sub-licence granted under these Terms of Use shall be construed to convey or transfer any ownership or proprietary interest in any Intellectual Property Rights in the Application or the InteliCare marks to You or any third party.
  5. Limitations
    • Nothing in these Terms of Use excludes, restricts or modifies any condition, guarantee or warranty that is implied in respect of these Terms of Use by the Competition and Consumer Act 2010 (Cth) or any other consumer protection legislation and which cannot be lawfully excluded, restricted or modified. Where such condition, guarantee or warranty is implied, InteliCare’s sole liability will be limited to supplying the Application to You again or the payment of the cost of having the Application supplied again, to the extent permitted by any non-excludable provision.
    • The Application is not guaranteed to prevent any loss or injury. If, notwithstanding the terms of these Terms of Use, there should arise any liability on the part of InteliCare or the Solution as a result of any cause whatsoever (whether in contract, negligence, personal injury, breach of statutory duty or under any indemnity or otherwise), regardless of whether or not such loss was caused by or contributed to by InteliCare to any degree or failure to perform any obligation or strict products liability, any liability is limited to the amount equal to the fees paid by You for the supply of the Application.
    • In no event will InteliCare be liable for any damages resulting from Loss of data or use, lost profits, Loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission by You whether such damages were reasonably foreseeable or actually foreseen.
    • In no event shall InteliCare be liable to You or any Resident for any losses whatsoever (whether lost future revenues, lost future profits, expenditure incurred to no benefit, or otherwise) suffered or incurred by You solely or substantially because these Terms of Use has been terminated.
    • All liability that is not expressly assumed in these Terms of Use is hereby excluded. These limitations will apply regardless of the form of action, whether under statute, in contract, tort, including negligence, or any other form of action.
    • Both parties acknowledge and agree that the limitations and exclusions of liability set out in this clause are reasonable and have been agreed taking into account the commercial value of these Terms of Use to each party and the commercial standing of each party.
    • InteliCare will not be responsible, liable or held to be in breach of these Terms of Use for any failure to perform its obligations under these Terms of Use or otherwise, to the extent that such failure is directly attributable to You failing to comply with you obligations under these Terms of Use, or negligence or misconduct by You or a Resident.
  6. General
    • We may provide You with notices in connection with these Terms of Use by posting such notices on the Application or, where appropriate, by email or mail if you have provided contact details for that purpose.
    • We may assign or novate these Terms of Use to any other person on written notice to You. You must not assign, novate or sub-license any of Your rights or obligations under these Terms of Use to any person without our prior written consent.  Any purported dealing in breach of this prohibition is void and of no effect.
    • In the event that any part of these Terms of Use is void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these Terms of Use will remain in full force and effect.
    • The terms of this Application will be governed by and construed in accordance with the laws in force in Western Australia, and You unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia. Although Australian Applications may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country.  If You access the Application from outside Australia, You are solely responsible for ensuring compliance with Your local laws and for any reliance on our Application content.
  7. Contact details