Terms & Conditions
Daniel Christopher Hug (ABN 61 120 854 679) trading as ‘Hug Health’ (“HH”, “we”) owns and operates the HH software application that allows users to log patient falls and record associated data (the “App”). The services offered by HH include the App, any HH branded URL, HH mobile services and any other features, content, or applications offered from time to time by HH in connection with the App (collectively, the “Services”).
By accessing the Services you agree to the terms and conditions as updated from time to time (“Terms and Conditions”). You agree that HH may change and update the Terms and Conditions from time to time and the most recent version of the Terms and Conditions posted on HH’s website or available via the App will apply and bind you. We recommend that you review the Terms and Conditions regularly at http://www.hughealth.com.au
Content on the Services
- You are solely responsible for your conduct and any data, text, photos, videos, scripts, graphics, sounds, music, audio, audiovisual combinations, interactive features and other content and materials (together “Content”) that you post, submit, upload, display or otherwise make available (“submit”) by using the Services.
- You represent and warrant that you:
- own all of the Content that you submit on or using the Services; or
- are authorised to submit any Content submitted by you to or using the Services.
- You must not submit any Content that:
- is defamatory or malicious;
- is illegal, misleading or deceptive, contains images of children, is obscene, offensive, indecent, depicts nudity, sexual activity or violence, is unsuitable for children or that prevents other users from enjoying the Services;
- infringes, or may infringe, on any intellectual property right; or
- infringes, or may infringe, on any property rights of a third party without first obtaining the consent of that third party. For example, you must not submit any personal information of a third party without obtaining the consent of that third party.
- HH is not responsible for any Content submitted by third parties or for any material on any third party sites linked via the Services.
- HH may edit or remove any Content submitted by you at any time without giving any explanation or justification for editing or removing the Content.
Using the Services
- HH submit custom apps through the App store Connect and assign the app to an Apple Business Manager account (your “Account”);
- Once approved, the App is available to your organisations so that only the possessor of the account can view and access them.
- User access levels will be controlled using Firebase Authentication with custom claims. Roles and permissions can be defined to meet individual business requirements.
- Each custom app and updated versions submitted for custom distribution goes through the app review process with Apple.
- The App can be distributed from your account to all Apple and IOS devices within your organisation.
- You can record details of a fall incident by following the visual and text prompts in the Services. You may enter the following details in relation to incidents:
- the persons name;
- the time and location of the incident;
- details of the scene and conditions at the time of the incident;
- Subjective and objective assessment findings at the time of the incident;
- Edit details retrospectively as required;
(in each case, an “Incident Report”).
- Once you have completed an Incident Report, you can follow the visual and text prompts in the Services to send the Incident Report to a recipient of your choosing.
- Your complete and incomplete Incident Reports can be stored and accessed in the Services.
- Together, all information and details that you enter into your Account and Incident Reports are your Content.
- You must not:
(a) submit, or use the Services to send, any unauthorized commercial communications (such as spam);
(b) access the Services using automated means;
(c) upload viruses or other malicious code to the Services;
(d) bypass any measure HH may use to prevent or restrict access to the Services, any part of the Services or any other software, systems or networks connected to the Services;
(e) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Services;
(f) create derivative works of any part of the Services;
(g) rent, lease, lend, sell, transfer, redistribute, or sublicense the Services;
(h) not do anything that could disable, overburden, or impair the proper working of the Services, such as a denial of service attack; or
(i) let anyone else access your Account.
- In these Terms and Conditions, Intellectual Property Rights means all and any patents, patent applications, trade marks, service marks, trade names, registered designs, unregistered design rights, copyrights, know how, trade secrets, business names, domain names, internet addresses, telephone and fax numbers, post office boxes, rights in confidential information, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
- Subject to clause 14, HH owns, or is licensed to use, the Intellectual Property Rights in:
- the Services;
- the content, data, graphics, photographs, images, trade marks, trade names, material and other information HH submits in or makes accessible via the Services; and
- all software forming part of, or used in connection with, the Services including all software code, source code, object code, binary code, executable code, modules, components, dynamic link libraries, executable programs, architectural models, process models, object models, database schemas, accompanying or associated media, business rules, algorithms, configurations, backups, updates, service packs, patches and hot fixes,
- HH acknowledges that it does not own Intellectual Property Rights in:
- source code forming part of, or used in connection with, the Services which was obtained by the developer of the Services under an open source license; or
- dynamic link libraries provided by a handset manufacturer or embedded in the operating system.
- You must not reproduce, customise, reverse engineer, decipher, decompile, modify, disassemble, incorporate the HH Material in whole or in part in any other software or product, or develop derivative works of the HH Material or allow others to do so or upload or re-submit the HH Material to any other site on the internet without obtaining HH’s prior, written consent.
- For Content that is covered by Intellectual Property Rights, by submitting the Content, you grant HH a perpetual, non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, republish and modify any Content that you submit on or in connection with the Services, including the right to sub-license the rights to the Content.
- The license granted in clause 16 includes uploading or linking Content to any open source software repository which may be viewed, downloaded and edited by third parties for their own purposes.
- HH prohibits conduct in breach of these Terms and Conditions. You agree that HH is not responsible for the Content submitted on the Services by other users and that you use the Services at your own risk.
- HH does not warrant guarantee or make any representation:
- that your use of the Services is legal;
- as to the performance of the Services;
- that the Services or any part of it will operate uninterrupted or are error-free;
- that errors and defects in the Services will be corrected; or
- that the Services will be updated.
- While HH has taken reasonable steps to ensure the information provided is accurate and up to date, HH does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the Services. You must rely solely on you own assessments and verification of the Content.
- While HH will use reasonable efforts to minimise the risk of the software viruses, trojans and malicious code, HH cannot, and does not, warrant guarantee or make any representation that the Services, or the server that makes the Services available online are free of software viruses, trojans or any malicious code.
- HH has the right to monitor and moderate Content but is not responsible for the removal or deletion of any Content.
- HH and its respective officers, employees, contractors and agents have no liability for any costs, losses or damages of any kind, which you or anyone else may incur, arising whether directly or indirectly in connection with your use of the Services.
- HH is not liable to you for:
- any expenses or costs to you associated with your use of the Services (including any data charges incurred by you);
- loss of any Content;
- errors or omissions in the Services, or linked sites on the Services;
- delays to, interruptions of or cessation of the services provided in the Services, or linked sites;
- defamatory, offensive or illegal conduct of any user of the Services,
whether caused through negligence of the Services, its employees or contractors, or through any other cause.
- You agree that you will bear the full cost of any necessary repair, correction and maintenance of any of your smartphone or computer software or hardware, which may be necessary as a consequence of you installing or using the Services.
- You agree to at all times indemnify and keep indemnified HH and its respective officers, employees, contractors and agents (each a “HH Officer”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any HH Officer arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by you, your use of the Services or publication of or distribution of Content or information supplied by you.
- When you create an Account in connection with the Services, HH will ask you to provide certain personal information.
- You must not provide any false information to HH.
- The personal information provided by you, any Content you submit on the Services and information regarding the way you access the Services from your computer, mobile phone or other device make up the “information” collected by HH.
- Subject to your rights under any applicable privacy law, you agree that HH may use information provided to HH by you or gathered by HH in connection with your use of the Services for HH’s technical development, product development, marketing, funding, research and support purposes (including contacting you if there is an issue with your Account), provided that HH will not disclose any information that is identifiable as information relating to you.
- You acknowledge that when you submit Content to HH that Content may be shared with third parties for research and development purposes.
- HH undertakes to comply with the National Privacy Principles as set out in the Privacy Act (1988) in respect of all information collected by HH.
Australian Consumer Law
- The Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) provides consumer rights and remedies that may not be contracted out of, in part or wholly. Where those consumer rights and remedies apply to the provision of the Services to you and cannot be contracted out of, they apply and override any inconsistent provisions in these Terms and Conditions but only to the extent of the inconsistency.
- Where you are entitled to a statutory right or term that HH are not able to exclude but HH are entitled to limit your remedy for a breach of that right or term, then HH’s liability for breach of that right or term is limited to (at HH’s election):
- in the case of goods HH supplies, the repair or replacement of the goods or the supply of substitute goods (or payment of the cost of doing so); or
- in the case of services HH supplies, the supplying of the services again, or the payment of the cost of having the services supplied again.
Termination of access
- HH may terminate or suspend your access to the Services at any time without giving you any explanation or justification for the termination of your access.
- You agree that HH has no liability for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Services.
- These Terms and Conditions represent the entire agreement between you and HH on the subject matter. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by these Terms and Conditions.
- You acknowledge that HH may assign its interest in the Services at any time.
- If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms and Conditions will be governed by and interpreted in accordance with the law of the Western Australia and you agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these Terms and Conditions.
- If you access the Services in a place outside Western Australia you agree to comply with all laws in force in that place in addition to the Terms and Conditions and all laws in Western Australia. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).