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Terms of use

Terms of Use

 

My Dementia Companion (“MDC”, “we”, “us”, “our”) is created to empower professionals, families and friends caring for a person living with dementia with the knowledge to navigate the care system, develop care strategies and make informed decisions throughout the dementia journey. It operates a platform where users can obtain certain information and support in relation to dementia. We also operate the My Dementia Companion PRO and CARER App, which is available on the internet as a webapp (the “APP”). For more information about My Dementia Companion and our different Products, please visit our website: www.mydementiacompanion.com.au (the “Website”).

 

In this Terms of Use, the APP and the Website shall be collectively referred to as the “Services”.

 

GENERAL TERMS

 

This Terms of Use includes details on what is required from you to provide the Services. You will be asked to accept these terms as part of you using the Services and your account registration.

 

Our Privacy Policy sets out how your personal information will be used by us, which can be accessed as part of the account registration process, via our Websites.

 

We would like to remind you that:

 

The content on the Website and the APP is for information purposes only. MDC does not provide medical, legal or financial services and does not provide medical, legal or financial advice. The information is generic and does not take account of the physical state, medical status and/or special circumstances of any particular individual which is relevant to the treatment or solution of any problem or condition. Information provided by us is not a substitute for advice or treatment from a qualified health care professional, legal or financial advisor.

 

We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information that may appear on the Website and the APP.

 

We have no control over any clinical trial or treatment described on the Website and the APP, and we cannot guarantee the accuracy of information about any clinical trial or treatment described on the Website and the APP. We are not liable for cancelled or unavailable clinical trials, your inability to participate in a clinical trial, or any consequences resulting from your participating or not participating in a clinical trial.

 

Our Services have been designed for persons resident in Australia only. We do not take responsibility for laws outside Australia and governing access to our Services. Some of our Services are specifically designed for use in Australia and if you use them elsewhere you should check in your country or region that it is appropriate and lawful for you to do so.

 

In order to provide some of our Services, we may require you to submit information about yourself or about someone else, such as a carer or a person who may have been diagnosed with dementia. If you choose to submit such information, you must have that person’s prior permission.

 

1. OVERVIEW

 

We provide the following services using our Website and the APP:

 

  • Curate and provide dementia care information, tips and stories to help professionals, family and friend carers looking after someone living with dementia;

 

  • Guide users to access local services and support; and

 

  • Allow users to track the health, social and welfare progress of themselves and the person who may have been diagnosed with dementia through the dementia journey.

 

2. USER CONTENT AND COMMUNITY SHARING

 

"User Content" is content or information (including text, images, video, and audio) submitted or posted by users of the Website and the APP. MDC does not control or pre-approve User Content and thus bears no responsibility for its accuracy, appropriateness, or quality. You agree that you must evaluate and bear all risks associated with any User Content, and you further agree that MDC will be in no way liable for any User Content or any consequences of its inclusion or omission. The User Content shall be deemed, and shall remain, the property of MDC.

 

MDC nonetheless retains the right (but not the obligation) to refuse to post, amend or delete any User Content available through the Website and the APP, if we believe, in our sole discretion, that the User Content violates the spirit of these Terms or is objectionable for any reason. You agree that you have no recourse against us if we refuse to post, or if we delete or refuse to delete, any User Content.

 

When you submit your own User Content to be posted on our Website and the APP, you must follow these rules:

 

  • Your User Content must be appropriate and civil.

 

  • Your User Content must not:

o  violate any law; infringe on any third party’s legal rights or be capable of giving rise to legal action against you, us, or third parties;

o  be obscene, indecent, or pornographic;

o  infringe any copyright, trademark, or other intellectual property right;

o  infringe any right of privacy or violate any confidentiality obligation;

o  contain any negligent statement;

o  incite the commission of a crime;

o  be in breach of any contractual obligation owed to any person;

o  be false or misleading;

o  contain any instructions, advice or other information that could, if acted upon, cause illness, injury, death, or any other loss or damage;

o  constitute spam;

o  be offensive, blasphemous, threatening, harassing, defamatory, discriminatory or inflammatory;

o  be likely to cause annoyance, inconvenience or needless anxiety to any person; or

o  link to a page containing material that would violate these prohibitions.

 

If you choose to post User Content via Community Sharing service or anywhere else in this Website and the APP, whether about yourself or any other person:

 

  • You understand and agree that all current and future users participating in Community Sharing or anywhere else in this Website and the APP will be able to view the information you share, and

 

  • You understand that, whether or not it is permitted, current or future users participating in Community Sharing anywhere else in this Website and the APP might save or disclose your information in other places without your knowledge or consent. You agree that if that were to occur, neither you nor anyone else would have a remedy or claim against MDC, as explained below in this Terms. Therefore, please exercise discretion when deciding what information you choose to post.

 

3. CREATING AN ACCOUNT, PASSWORDS AND SECURITY

 

If you register and create an account, you must provide us with accurate information, and you will create a password for your registered email. You are responsible for maintaining the confidentiality of your password. You are not permitted to share your password with others, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or other breach of security of which you are aware. MDC will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge. You may not use anyone else’s account.

 

4. PROHIBITED USES

 

As a condition of using our Services, you agree that you will not use the Website and the APP in any way that is prohibited by law or these Terms of Use. These prohibitions include, but are not limited to, the following:

 

  • You must not use our Website and the APP in any way that may damage, overburden, or impair Website and the APP or its availability; or in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity;

 

  • You may not attempt to gain unauthorised access to the Website and the APP, other accounts, or computers or networks associated with the Website, its users, or MDC, including but not limited to using another person’s login credentials;

 

  • You must not use our Website and the APP to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software;

 

  • You may not copy, modify, distribute, sell or lease any part of the Website and the APP or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our express written permission;

 

  • You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Website and the APP without our express written consent;

 

  • You must not use our Website and the APP to send spam, surveys, or any unsolicited commercial communications; and

 

  • You must not use our Website and the APP for any purposes related to marketing, research, or any other commercial or organisational purpose without our prior express written consent.

 

5. USE OF MATERIALS AND INFORMATION

 

Subject to applicable law, we or our licensors (people or entities from whom we licence content) own the intellectual property rights in the Website and the APP and materials on the Website and the APP. You may view, save, and print pages from the Website and the APP for your own personal use, subject to the restrictions below and elsewhere in the Terms.

 

You must not:

 

  • republish or repost material from the Website (including on another website) and the APP, except for content specifically and expressly made available for redistribution;

 

  • sell, rent, or sub-license material from the Website and the APP; or

 

  • copy or otherwise exploit material on the Website and the APP for a commercial purpose.

 

6. THIRD PARTY LINKS

 

The Website and the APP may contain links to other independent third-party websites (“Third Party Sites”). Third Party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgement regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them. We will not be liable for any loss or damage that may arise from your use of them.

 

7. WARRANTY DISCLAIMER

 

We provide the Website and the APP “as is”. We do not warrant the completeness or accuracy of any information published on this Website and the APP. We also do not warrant that the Website remains available or that the material on the Website and the APP is kept up-to-date.

 

To the Maximum extent permitted by law, we hereby disclaim all express and implied warranties or guarantees, including all statutory warranties, with respect to the Website and the APP, including, without limitation, any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of our Service will be effective, reliably or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services at times or locations of your choosing.

 

8. LIMITATIONS OF LIABILITY

 

MDC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website and/or our Services:

 

  • for any use of, or inability to use, our Website and/or our Services;

 

  • for any use of or reliance on any content displayed on our Website and/or APP;

 

  • for any indirect, special or consequential loss; or

 

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if a loss was foreseeable, or if MDC has been expressly advised of the potential loss.

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We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or APP or as a consequence of downloading of any content on it, or on any website linked to it.

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9. LICENCE

 

MDC grants you a non-exclusive, non-transferable licence to access and use our Services strictly in accordance with this agreement.

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The licence granted under this agreement is in respect to you as a single Authorised User, or in respect to a number of Authorised Users as agreed by MDC in writing when you order the Service, as modified from time to time under this agreement.

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10. AUTHORISED USER/S

 

Authorised Users means persons who are authorised under this agreement to use our Services and for whom:

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  • passwords, serial numbers, tokens or other identifiers have been issued by MDC; or

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  • an email, IP address or referring URL is recognised for authentication.

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An Authorised Users Group is a collection of Authorised Users who share certain aspects of our Services, including but not limited to caring for the same person with dementia and their carers.

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You must ensure that:

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  • any person having access to the Service under this agreement is currently an Authorised User and uses the Service in accordance with the terms and conditions set out in this agreement

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  • each user within your Authorised Users Group understands their responsibilities under this agreement and how each user will use our Services

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  • you are responsible for resolving any dispute with any users within the Authorised Users Group.

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MDC may from time to time take any reasonable steps we deem appropriate to ensure that only Authorised Users access and use our Services.

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You must notify MDC in writing the details of any proposed changes to authorised users within 30 days of the change, including but not limited to addition, alteration and reduction of the number of users, or exceeding the maximum number of Authorised Users as agreed by MDC.

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11. FEES AND PAYMENTS

 

Trial Subscriptions is when you first sign up, you may be eligible for a free trial, based on the terms and conditions specified at the time on our Website.

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If you choose to continue using our Services after the trial by adding your payment details, you agree to the Paid Subscription terms and conditions specified at the time on our Website, and that you will be billed. You can choose to cancel your Paid Subscription to our Services after a trial.

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A Paid Subscription is when you access our Services after a payment, such as after a Trial Subscription. You may purchase a Paid Subscription directly from MDC, a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase as specific at the time on our Website.

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Your Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription prior to the end of the then-current subscription period. You can contact us via our Website or APP to cancel your Paid Subscription . The cancellation will take effect the day after the last day of the current subscription period. You will then no longer be able to access our Services. We do not provide refunds or credits for any partial subscription periods, except as agreed by us in writing.

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In order to continue accessing our Services and to avoid delayed or missed payments, please make sure you have provided us with accurate payment information. If we do not receive timely payments, we may suspend access to your subscription until the payment is made.

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If you have purchased a Paid Subscription using a discount code or voucher, your subscription will automatically terminate at the end of the period stated in the code or voucher.

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Tax rates are calculated based on the information you have provided and applicable rates are displayed on your invoice/s. You are responsible for your own tax obligations.

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MDC may from time to time change the price, and other subscription terms and conditions for the Trial and Paid Subscriptions, including but not limited to recurring subscription fees, subscription period and the trial period. We will communicate any changes to you in advance and with reasonable notice. Changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use our Services after the change takes effect, you will have accepted the new changes. If you do not agree to a change, you can reject the change by unsubscribing from the applicable Subscription prior to the change taking effect.

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12. BREACHES OF THESE TERMS AND INDEMNIFICATION BY YOU

 

If you breach these Terms of Use, or if we reasonably suspect that you have breached these Terms of Use, we may:

 

  • send you one or more warnings;

 

  • temporarily suspend your access to the Website and the APP;

 

  • permanently prohibit you from accessing the Website; block devices using your IP address from accessing the Website and the APP;

 

  • ask your internet service provider to block your access to the Website and the APP;

 

  • bring court proceedings against you seeking damages and/or injunctions;

 

  • and/or report you to law enforcement authorities.

 

If we suspend, terminate, or block your access to the Website and the APP, you agree not to take any action to circumvent our action (such as creating or using a different account).

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13. SEVERABILITY

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If any provision of these terms is or becomes invalid, illegal or unenforceable in any jurisdiction in connection with its performance, such provision shall be deemed deleted to the minimum extent necessary in the relevant jurisdiction (which can include deleting only part of the relevant provision) and shall continue in full force and effect without deletion in jurisdictions where it is not invalid, illegal or unenforceable.

 

14. ENTIRE AGREEMENT

 

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and MDC in relation to your use of this Website and Services, and supersede all previous agreements in respect of your use of this Website and our Services.

 

We each acknowledge that, in entering into these terms, we do not rely on, and shall have no remedies in respect of, any statement, promises, assurances, warranties, representations or understandings (whether oral or written, and whether made innocently or negligently) made by or on behalf of the other that are not set out in these terms.

 

We each agree that we shall have no claim for innocent or negligent misrepresentation based on any statement in these terms, save that nothing in these terms shall limit or exclude any liability for fraud.

 

15. GOVERNING LAW

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All matters related to the Site will be governed by the laws of Victoria.

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16. CONTACT US

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To contact us, please use the contact form on our Website or APP.

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17. CHANGES TO THESE TERMS

 

We may update this Terms of Use from time to time, and if your rights change, we will always notify you of this. You will be deemed to have accepted these terms as amended if you continue to use the Website or APP after any amendments are made. In the event that you do not agree to the revised terms, you must not access our Website or APP or any of our Services and you should contact us via the contact form on our Website or APP to close your MDC accounts.

 

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

This Terms of Use was last updated on 30 August 2022.

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