1. What is a Lifecard® Personal Health Record?
- A Lifecard® Personal Health Record is an online record of Personal Health Information. It is created when a natural person becomes a Registered Member.
- A Registered Member may:
(a) store, access and modify Personal Health Information contained within their Lifecard® Personal Health Record at anytime, anywhere in the world (subject to any System Requirements);
(b) grant their Authorised Delegate(s) the right to view and / or modify Personal Health Information contained within their Lifecard Health Record; and
(c) only have 1 Lifecard® Personal Health Record, which is not transferable.
2. How do I become a Registered Member?
- Registered Membership is only available to:
(a) natural persons. A Lifecard® Personal Health Record cannot be created for companies, partnerships, trusts, other bodies corporate, animals or inanimate objects; and
(b) persons who have reached the legal age of majority, or who have the written consent of their parent or guardian to create and use the Lifecard® Personal Health Record. By becoming a Registered Member, persons are warranting and representing to Global Health that they have:
(i) reached the legal age of majority in the jurisdiction from which they are accessing and using the Lifecard®Personal Health Record; or
(ii) obtained the written consent of their parent or guardian who has read and satisfied themselves as to these Terms and Conditions of Use and who can produce a copy of their written consent upon demand from Global Health.
- Natural persons become a Registered Member in 1 of 3 ways:
(a) providing their Personal Health Information to a Healthcare Provider that utilises a Lifecard® Patient Portal, and accepting these Terms and Conditions of Use before or at the time of providing their Personal Health Information to a Healthcare Provider;
(b) applying to become a Registered Member by lodging their Personal Health Information with Global Health via the Lifecard® Webpage, and accepting these Terms and Conditions of Use before or at the time of providing their Personal Health Information to Global Health; or
(c) when an Authorised Delegate performs either of the actions described in paragraphs 2.2(a) and (b) above, on their behalf.
3. How do I become an Authorised Delegate?
- Any natural person or body corporate that satisfies the Delegate Requirements may become an Authorised Delegate of a Registered Member. This includes a Carer or Healthcare Provider.
- Registered Membership is only available to:
(a) Access Only Rights to their Lifecard® Personal Health Record; or
(b) Access and Modification Rights to their Lifecard® Personal Health Record.3.3 An Authorised Delegate may be appointed to multiple Registered Members, and accordingly may have Access Only Rights or Access and Modification Rights (as the case may be) in respect of multiple Lifecard® Personal Health Records.
4. What type of information is stored in a Lifecard® Personal Health Record
- A Lifecard® Personal Health Record may contain:
(a) Personal Health Information of a Registered Member;
(b) Other Personal Information of natural persons. For example, Personal Health Information uploaded to a Lifecard®Personal Health Record may contain:
(i) family demographics or medical histories from which Genetic Relatives are reasonably identifiable;
(ii) clinical notes or assessments from which Healthcare Providers who are natural persons are reasonably identifiable;
(iii) details of medical appointments that have been scheduled or attended by a Carer in conjunction with the Registered Member, from which the Carer is reasonably identifiable; and
(c) Access History Information in connection with the use of the Lifecard® Personal Health Record.
- Registered Members may ask their Healthcare Provider to transfer Personal Health Information or Other Personal Information to a Lifecard® Personal Health Record. It remains within the absolute discretion of Healthcare Providers as to whether they do so. For example, a Healthcare Provider may refuse to provide Personal Health Information or Other Personal Information if they consider that the disclosure poses a serious threat to the health or safety of the Registered Member, or will have an unreasonable impact on the privacy of other individuals.
- Some of Global Health’s software products contain a Lifecard® Patient Portal which enables Healthcare Providers to make Personal Health Information or Other Personal Information available for upload to a Lifecard® Personal Health Record. In that event, Registered Members will be notified by email and it remains within the Registered Member’s discretion as to whether they view and/or delete the Personal Health Information or Other Personal Information.
- If a Registered Member:
(a) does not access or view the Personal Health Information or Other Personal Information which is available for upload to their Lifecard® Personal Health Record under paragraph 4.3; and/or
(b) according to Global Health’s Access History Information, has not engaged in any activity on a Lifecard® Personal Health Record created under paragraph 2.2 for a consecutive period of 365 days,
Global Health has the option (but not the obligation) to delete the Lifecard® Personal Health Record and any information contained within it (including Personal Health Information or Other Personal Information), on the basis that the information is no longer required.
5. Who has access to the information contained in a Lifecard®Personal Health Record?
- Information contained in a Lifecard® Personal Health Record, including HealthKit Information, may be accessed by:
(a) Registered Members;
(b) Authorised Delegates to whom a Registered Member has granted Access Only Rights or Access and Modification Rights;
(c) Global Health employees, agents and contractors, to the extent necessary to maintain the Lifecard® Product or to carry out the obligations of Global Health under these Terms and Conditions of Use;
(d) persons or entities that may be authorised under applicable Laws, including under the Privacy Act;
(e) any person that possesses the User Credentials for the Lifecard® Personal Health Record; and
(f) persons that, notwithstanding all reasonable endeavours of Global Health, have obtained unauthorised access to a Lifecard® Personal Health Record via hacking, phishing or other unlawful means.
- Paragraph 9.6 contains further details of:
(a) the security measures implemented by Global Health in connection with information contained in a Lifecard®Personal Health Record; and
(b) what will happen in the event of an actual or suspected unauthorised disclosure of, or unauthorised access to, information contained in a Lifecard® Personal Health Record.
6. Who is bound by these Terms and Conditions of Use?
- By creating or using a Lifecard® Personal Health Record, including by the exercise of Access Only Rights or Access and Modification Rights, all Users agree to be bound by these Terms and Conditions of Use.
- As the owner and creator of the Lifecard® Product, being the underlying software used to create a Lifecard® Personal Health Record, Global Health is also bound by these Terms and Conditions of Use.
- All Users should familiarise themselves with paragraphs 1 to 14 inclusive and 18 to 22. Further, any Users who:
(a) use or post content on the Lifecard® Webpage should also familiarise themselves with paragraphs 15 to 17 inclusive;
(b) purchase or download the Lifecard® Product from any App store should also familiarise themselves with paragraph 23.
- To the maximum extent permitted by applicable Laws, Global Health reserves the right to change these Terms and Conditions of Use from time to time. Global Health encourages Users to review these Terms and Conditions of Use as and when they access a Lifecard® Personal Health Record.
In these Terms and Conditions of Use, unless the context otherwise requires:
- Access History Information means a record of particular transactions on a Lifecard® Personal Health Record.
- Access Only Rights mean rights granted by a Registered Member for an Authorised Delegate to view information contained within a Lifecard® Personal Health Record.
- Access and Modification Rights means rights granted by a Registered Member for an Authorised Delegate to view, modify, delete and add information contained within a Lifecard® Personal Health Record.
- App means a software application designed to operate on personal digital assistants and mobile devices such as smartphones and tablets. Apps are downloaded to the device from App stores which may include but are not limited to the Apple App Store or Google Play.
- Apple means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A.
- Apple App Store means an electronic store and its storefronts branded, and owned and/or controlled by Apple or an affiliate of Apple.
- Australian Privacy Principles means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act.
- Authorised Delegate means a natural person or entity that satisfies the Delegate Requirements and who may:
(a) apply for and register a Lifecard® Personal Health Record on behalf of another natural person; and
(b) access, add, delete or modify information (as the case may be) contained within a Lifecard® Personal Health Record, if granted Access and Modification Rights or Access Only Rights by a Registered Member.
- Benefits means any of the facilities, services or arrangements offered or available to Registered Members.
- Carer means:
(a) a Healthcare Provider, including a doctor, nurse, pharmacist, locum, visiting medical officer or other qualified healthcare provider;
(b) a family member (including a Genetic Relative), close friend or other person who cares for, or has a Legal Duty of Care in respect of, the Registered Member but does not provide a healthcare service; or
(c) a person or entity that, by reason of its existing contractual or other business relationship with Global Health, is able to offer use of the Lifecard® Product to selected individuals within the care of that person or entity.
- Claims means any cost, expense, loss, damage, claim, action, proceeding or other liability (whether in contract, tort or otherwise), however arising (whether or not presently ascertained, immediate, future or contingent) and includes legal costs on a full indemnity basis.
- Communication Services means bulletin boards, chat areas, forums, news groups, communities, personal web pages or other messaging and communication facilities.
- Delegate Requirements means a natural person or entity that, at the time of creation of the Lifecard® Personal Health Record, satisfies each of the following requirements:
(a) in respect of a natural person, is at least eighteen (18) years of age;
(b) in respect of a natural person, has the capacity to form reasoned judgments, which capacity has not been impaired or affected by:
(i) physical or mental disability;
(ii) temporary or incremental incapacity, for example, during a psychotic episode, a temporary psychiatric illness, or because the person is unconscious, in severe distress or suffering dementia; or
(iii) a limited understanding of English;
(c) is a Carer of the Registered Member; and
(d) is duly authorised by the Registered Member, either by reason of the operation of applicable Laws or the written consent of the Registered Member, to create a Lifecard® Personal Health Record for and on their behalf and / or to exercise the Access Only Rights or Access and Modification Rights (as the case may be).
- Genetic Relative means a natural person that is related to a Registered Member by blood, including a sibling, parent, child or other descendant.
- Global Health means Global Health Limited ACN 091 377 892.
- Google means Google Inc., a Delaware corporation with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States; Google Ireland Limited, a company incorporated in Ireland with its principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; Google Commerce Limited, a company incorporated in Ireland with its principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; and Google Asia Pacific Pte. Limited, a company incorporated in Singapore with its principal place of business at 8 Marina View, Asia Square 1 #30-01, Singapore 018960.
- Healthcare Provider means an entity or individual that has conducted, currently conducts, or will conduct a service that provides healthcare, irrespective of whether that healthcare is provided for a fee or any other commercial benefit.
- HealthKit Information means health and fitness data:
(a) which is collected from a Registered Member by Apple Inc. using an Apple iPhone, watch or other device and stored within the Apple HealthKit, being an Apple Inc. product; and
(b) which may include blood glucose levels, blood pressure, body temperature, calories burned, distance, forced expiratory volume, heart rate, height, menstruation status, oxygen saturation level, peak expiratory rate, respiratory rate, resting heart rate, sleep, step count, VO2 max and weight.
- Intellectual Property Rights means all copyright, rights in relation to inventions, patents, trade marks, designs, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields and any right to have confidential information kept confidential, but does not include Moral Rights or rights of performers.
- iOS means the iOS operating system software provided by Apple.
- iOS Product means an Apple-branded product that runs the iOS.
- Laws means any statute, by-law, ordinance or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or a local government, and includes the common law and rules of equity as applicable from time to time.
- Legal Duty of Care means a duty under contract, applicable legislation or the common law relating to negligence, to take reasonable care to avoid a foreseeable risk of injury to a Registered Delegate of which a person is aware, or ought to be aware.
- Lifecard® Personal Health Record means an online record of information:
(a) created by a Registered Member or their Authorised Delegate;
(b) maintained and updated by a Registered Member and/or any Authorised Delegate(s) that has been granted Access and Modification Rights by the Registered Member; and
(c) stored by Global Health,
including information that can be obtained by means of that record, including:
(i) Other Personal Information;
(ii) Personal Health Information; and
(iii) Access History Information.
- Lifecard® Product means the software application (including any corresponding Apps) owned and operated by Global Health.
- Lifecard® Webpage means the Global Health webpage(s) accessible from https://www.Lifecard.com, containing further information regarding the Lifecard® Product.
- Linked Sites means links or really simple syndication / RSS feeds to or from other third party webpages.
- Lifecard® Patient Portal means an electronic interface that facilitates access to the Lifecard® Personal Health Record stored by Global Health, including software applications and Apps that connect to the Lifecard® Personal Health Record.
- Moral Rights has the same meaning as set out in the Copyright Act 1968 (Cth).
- Other Personal Information means information or an opinion about a natural person who is reasonably identifiable and not a Registered Member:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
- Personal Health Information means information regarding the health and wellbeing of a Registered Member, including:
(a) allergies and adverse reactions;
(b) clinical care documents;
(c) diagnosed conditions;
(d) diagnostic imaging results;
(e) family history of medical conditions;
(f) government related identifiers, including Medicare numbers;
(g) HealthKit Information;
(h) health measurement indicators, such as blood pressure, heart rate, weight, blood glucose, body temperature, height, sleep, steps, BMI, cholesterol and pregnancy specific measures;
(i) hospital admission details;
(j) hospital discharge information;
(l) information about treatments provided;
(m) information provided by a specialist;
(n) medical histories;
(p) observations of children;
(q) pathology results;
(r) prescription and dispensation information;
(t) surgical history; and
(u) any information or an opinion about a Registered Member, from which the Registered Member is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
- Privacy Act means the Privacy Act 1988 (Cth).
- Registered Member means a natural person that has created, or authorised the creation of, a Lifecard® Personal Health Record, in which the Personal Health Information of that person may be accessed, modified, stored and used. Registered Membership has a corresponding meaning.
- Submissions means any materials provided by Users to Global Health, including:
(a) feedback or suggestions;
(b) information posted, uploaded, input or submitted,to the public areas of the Lifecard® Webpage.
- System Requirements means the technical capabilities of any information technology hardware or software which is necessary to access the Lifecard® Personal Health Record.
- Terms and Conditions of Use means these terms and conditions of use between Global Health and Users, as may be amended from time to time.
- User means the Registered Member and any Authorised Delegate that has been granted Access Only Rights or Access and Modification Rights to a Lifecard® Personal Health Record.
- User Credentials means the username (being an email address) and password used to grant access to a Lifecard®Personal Health Record.
In these Terms and Conditions of Use, unless the context otherwise requires:
- a reference to a paragraph is a reference to a paragraph of these Terms and Conditions of Use;
- a reference to an agreement or document, including these Terms and Conditions of Use, is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by these Terms and Conditions of Use or that other agreement or document;
- a reference to legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
- the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- references to agree, approve or consent are references to agreement, approval or consent in writing; and
- nothing in these Terms and Conditions of Use are to be interpreted against Global Health solely on the ground that Global Health put forward these Terms and Conditions of Use or any part of them.
10. Personal use of Lifecard®Personal Health Record and information stored within it
- A Lifecard® Personal Health Record may only be used for personal purposes. Specifically, it is intended to assist Registered Members and their Authorised Delegates to efficiently consolidate and access Personal Health Information. Lifecard® Personal Health Records must not be used to facilitate the transfer, sale or licence of any information contained within it, or to solicit other goods or services, for commercial benefit.
- The currency or completeness of Personal Health Information and Other Personal Information contained within a Lifecard® Personal Health Record is heavily dependent upon the frequency of upload, accuracy and quality of data which is entered by Users. It is the Users’ responsibility to ensure that no reliance is placed on Personal Health Information contained in a Lifecard® Personal Health Record by any Healthcare Providers or other third parties unless the accuracy, currency and/or completeness of the Personal Health Information is first confirmed by the Registered Member or by authorised Healthcare Providers or Authorised Delegates who have specific and current knowledge of such matters.
11. No unlawful or prohibited use of Lifecard®Personal Health Records
- The Lifecard® Personal Health Record may only be used for lawful purposes. It may not be used in any manner which could damage, disable, overburden, or impair the Lifecard® Personal Health Record or interfere with the use or enjoyment of it.
- Lifecard® Personal Health Records must not contain information which infringes the Intellectual Property Rights of third parties, or is otherwise abusive, defamatory, harassing, profane, obscene, indecent or unlawful.
12. Terminating a Registered Membership of a Lifecard®Personal Health Record
- Registered Membership may be terminated:
(a) by a Registered Member, by contacting Global Health on support@Lifecard.com;
(b) by Global Health if:
(i) a Registered Member breaches any of these Terms and Conditions of Use, and where that breach is capable of remedy, fails to remedy the breach within a reasonable period of time designated by Global Health for the remedy of that breach;
(ii) it becomes evident to Global Health that a Lifecard® Personal Health Record was created on behalf of a Registered Member by a person that did not satisfy the Delegate Requirements at the time of that creation;
(iii) it provides prior written notice of at least 14 days;
(iv) as required by applicable Laws; or
(v) any of the circumstances contemplated by clause 4.4.
- Termination of a Registered Membership will:
(a) result in the termination of access to the Lifecard® Personal Health Record, whether by a Registered Member or any of their Authorised Delegates;
(b) disable any Access Only Rights or Access and Modification Rights granted to Authorised Delegates;
(c) not necessarily result in the permanent deletion of all Personal Health Information or Other Personal Information from the Lifecard® Personal Health Record. Global Health may retain a copy in de-identified or encrypted format, for back-up or other lawful purposes, where permitted by applicable Laws; and
(d) not prevent a formerly Registered Member from receiving a copy of their Personal Health Information, subject to that Personal Health Information having not been permanently deleted and upon payment of a reasonable fee for costs incurred by Global Health in connection with providing the access the subject of the request, including:
(i) personnel costs in searching for, locating and retrieving the Personal Health Information and determining the Personal Health Information to be provided to the formerly Registered Member;
(ii) personnel costs in reproducing and sending the Personal Health Information;
(iii) costs of postage or other materials involved in the provision of such access; and
(iv) costs associated with the use of an intermediary to provide such access, where that intermediary has been mutually agreed between Global Health and the formerly Registered Member.
13. Terminating Access Only Rights or Access and Modification Rights
The Access Only Rights or Access and Modification Rights of an Authorised Delegate may be terminated by a Registered Member changing the User Credentials.
14. Communications from Global Health regarding the Lifecard®Personal Health Record
By becoming a User of a Lifecard® Personal Health Record, Users give Global Health consent to send communications which directly relate to its administration of that Lifecard® Personal Health Record. Users may unsubscribe from receiving email messages, however please note that by unsubscribing, a Registered Member may not obtain the full Benefits of their Registered Membership. Users should allow up to 5 days from unsubscribing to be excluded from email communications and 28 days for postal communications.
15. Use of Communication Services on the Lifecard®Webpage
- The Lifecard® Webpage from which a Registered Membership may be created, or access to a Lifecard® Personal Health Record may be granted, contains various Communication Services. If Global Health makes those Communication Services available to Users, they must only be used to post, send and receive messages and material that is appropriate and relevant to the particular Communication Service.
- Communication Services must not be used to conduct, assist or facilitate any actions which are illegal or improper, including the following actions:
(a) abusing, defaming, harassing, bullying, stalking, threatening or otherwise violating the legal or personal rights of others;
(b) uploading, publishing, posting, distributing or disseminating any inappropriate, infringing, abusive, defamatory, harassing, profane, obscene, indecent or unlawful materials or information;
(c) uploading files that contain software or other material protected by Intellectual Property Rights or privacy legislation, unless Users own or control the rights or have received all necessary consents and authorisations;
(d) uploading files that contain viruses, corrupted files or any other similar software, malware or programs that may damage, alter or interfere with the operation of another party’s computer or intercept, steal or in any way obtain another party’s information by stealth;
(e) advertising or offering to sell or buy any goods or services for any commercial purpose, without the prior written consent of Global Health;
(f) conducting or forwarding contests, surveys, pyramid schemes or chain letters;
(g) downloading files posted by other users of a Communication Service without their express consent;
(h) deleting, obscuring or falsifying any copyright, legal, proprietary or other notices or labels of the ownership, origin or source of software (including the Lifecard® Product) or other material which is published or uploaded;
(i) preventing, restricting or inhibiting any other user from using and enjoying the Communication Services;
(j) using or creating a false identity or identities with the intention of deceiving others;
(k) violating any code of conduct or other guidelines which may be applicable for a Communication Service;
(l) harvesting or collecting information about others, including e-mail addresses, without their consent; or
(m) violating any applicable Laws.
- To the maximum extent permitted by applicable Laws, Global Health has no obligation to monitor the Communication Services. However, Global Health reserves the right to:
(a) review materials posted to a Communication Service in its sole and absolute discretion;
(b) terminate access to any of the Communication Services without notice, in its absolute discretion;
(c) disclose any information as necessary to satisfy any applicable Laws, legal process or governmental request; and
(d) impose limitations on the usage, reproduction and / or dissemination of materials posted or uploaded to a Communication Service.
16. Advertisements and links to third party sites from the Lifecard®Webpage
- Global Health may agree to allow third parties to post advertisements or messages on the Lifecard® Webpage. Unless expressly stated otherwise, Global Health does not recommend and does not endorse the products, services or materials of any advertisers or sponsors featured on the Lifecard® Webpage.
(a) the contents of any Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site; or
(b) webcasting or any other form of transmission received from any Linked Site.
17. Submissions to the Lifecard®Webpage
- Global Health does not claim ownership of any Submissions posted, uploaded or provided by Users on the publicly accessible sections of the Lifecard® Webpage.
- By posting, uploading or providing any Submissions to the publicly accessible sections of the Lifecard® Webpage, Users are:
(a) granting to Global Health and each of its related entities and sub-licensees permission to:
(i) distribute, display, edit, transmit, translate and re-format the Submission;
(ii) publish their name in connection with the Submission; and
(iii) undertake such other acts or omissions which may otherwise constitute a breach of the User’s Moral Rights in a Submission,without compensation; and
(b) warranting and representing that they own or otherwise control all of the rights to their Submission.
- Global Health is under no obligation to post or use any Submission Users may provide and may remove any Submission at any time in its sole and absolute discretion.
18. Warranties and representations
- Authorised Delegates warrant and represent to Global Health that:
(a) they have satisfied, and will continue to satisfy, each of the Delegate Requirements for so long as they deal with the Lifecard® Personal Health Record of a Registered Member;
(b) they will abide by the Access Only Rights or Access and Modification Rights (as the case may be) conferred upon them by a Registered Member;
(c) if they upload or modify Other Personal Information or Personal Health Information in a Lifecard® Personal Health Record, they have obtained all necessary consents under applicable Laws for that Other Personal Information or Personal Health Information to be collected, used, stored and disclosed in the manner contemplated by these Terms and Conditions of Use; and
(d) in the case of any Authorised Delegates that are natural persons, if any of the Other Personal Information identifies them personally, they consent to Global Health collecting, using, storing and disclosing that Other Personal Information in the manner contemplated by these Terms and Conditions of Use.
- Registered Members warrant and represent to Global Health that:
(a) they will ensure that their Authorised Delegates are made aware of the Delegate Requirements; and
(b) if they upload or modify Other Personal Information in a Lifecard® Personal Health Record, they have obtained all necessary consents under applicable Laws for that Other Personal Information to be collected, used, stored and disclosed in the manner contemplated by these Terms and Conditions of Use.
19. Warranty and liability disclaimers
- To the maximum extent permitted by applicable Laws, Global Health:
(a) provides all goods and services, including the Lifecard® Personal Health Record, Lifecard® Product and Lifecard®Webpage on “as is” basis;
(b) makes no warranty or representation, either express or implied, as to the quality, performance, merchantability, fitness for a particular purpose, or non-infringement of third party rights in connection with the use of Global Health’s goods or services (but subject always to applicable Laws and implied warranties that cannot legally be excluded);
(c) cannot guarantee that the Lifecard® Personal Health Record, Lifecard® Product or Lifecard® Webpage, including any file or program available for access, download and/or execution from them, is free from viruses or other conditions that could damage or interfere with data, hardware or software with which it might be used;
(d) is not responsible for any healthcare administered or withheld as a result of the Personal Health Information obtained from a Lifecard® Personal Health Record. Users expressly acknowledge and agree that Global Health is not responsible for:
(i) any consequences of decisions resulting from use, misuse or reliance on any Personal Health Information (or the absence of information) contained in the Lifecard® Personal Health Record; and
(ii) any Claim connected with the use or performance of the Lifecard® Personal Health Record, Lifecard® Product and Lifecard® Webpage, delays in connectivity or inability to use the Lifecard® Personal Health Record, Lifecard® Product and Lifecard® Webpage or the provision of, or failure to make available, any content on the Lifecard® Personal Health Record;
(e) is not liable for any punitive, incidental, special, exemplary, consequential damages or any damages whatsoever for procurement of substitute goods or services, business interruption, increased operating costs, loss of use, data or profits, arising from or in any way connected with the use or performance of a Lifecard® Personal Health Record, Lifecard® Product or Lifecard® Webpage or use of the Internet to access a Lifecard® Personal Health Record, Lifecard® Product or Lifecard® Webpage, whether such a Claim is caused by Global Health’s own negligence or the User’s errors and/or omissions;
(f) is released, and its employees, officers, contractors, agents, partners and providers are released from all Claims arising from, or in connection with the use of the Lifecard® Personal Health Record, Lifecard® Product or Lifecard®Webpage;
(g) is indemnified by each User, and Global Health’s employees, officers, contractors, agents, partners and providers are indemnified by each User, against all Claims arising from, or in connection with, the User’s breach of any of these Terms and Conditions of Use, and any negligent act or omission or wilful default by the User;
(h) offers access to the Lifecard® Personal Health Record, Lifecard® Product and Lifecard® Webpage on the basis that Users voluntarily assume the risks associated with their use;
(i) to the extent that it cannot exclude its liability for any defective services, limits its liability (at its option) to:(i) the re-supply of the services; or (ii) the payment of the cost of re-supplying the services, including any liability under the Australian Consumer Law;
(j) to the extent that it cannot exclude its liability for any defective goods, limits its liability (at its option) to:(i) replacement of the goods; (ii) the supply of equivalent goods; or (iii) payment of the cost of replacing the goods or acquiring equivalent goods, including any liability under the Australian Consumer Law.
20. Intellectual Property Rights
- The Lifecard® Personal Health Record and Lifecard® Product comprise Intellectual Property Rights that are owned, licensed and operated by Global Health. If a Lifecard® Personal Health Record or Lifecard® Product become, or in Global Health’s opinion are likely to become, the subject of a claim of infringement of a third party Intellectual Property Right, Users agree to permit Global Health, at its sole option and expense, to do any of the following:
(a) procure for Users the right to continue using the Lifecard® Personal Health Record or Lifecard® Product;
(b) replace or modify the Lifecard® Personal Health Record or Lifecard® Product (or any part of them) so that they become non-infringing; or
(c) cease the provision of, or access to, the Lifecard® Personal Health Record or Lifecard® Product, until the conditions of paragraphs 20.1(a) or 20.1(b) can be satisfied.
- The Lifecard® Webpage and any materials created by Global Health and published on a Lifecard® Patient Portal are protected by copyright law and other relevant Intellectual Property Rights of Global Health.
- The names of third party organisations, products or services may be protected by Intellectual Property Rights in favour of those third parties and Global Health does not purport to license or otherwise grant rights to the use of the same without those parties’ consent.
22. Support and Enquiries
If Users have difficulties using the Lifecard® Personal Health Record, Lifecard® Product or Lifecard® Webpage or if they have any questions or comments, please contact Global Health on: Telephone: +61 3 9675 0600 (Melbourne, Australia) Email: support@Lifecard.com
23. Lifecard®Product purchased or downloaded from Apple, Google or other App store
- Where the Lifecard® Product (which forms the basis of the Lifecard® Personal Health Record) is purchased from Apple, Google or through any other authorised online app store, Users acknowledge and agree that in addition to the above Terms and Conditions of Use, the terms and conditions applicable to all purchases from the relevant App store will also apply to that purchase. It is the responsibility of the User to satisfy themselves of the terms and conditions imposed by the relevant App store.
- Additionally, where a purchase is from the Apple App store, Users acknowledge and agree that:
(a) these Terms and Conditions of Use are solely between the User and Global Health and not with Apple;
(b) the licence granted to a User is a non-transferable licence to use the Lifecard® Product on an iOS Product that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service;
(c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Lifecard®Product;
(d) to the extent not effectively excluded or disclaimed in these Terms and Conditions of Use, Global Health is solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the Lifecard® Product to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Lifecard® Product and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Lifecard® Product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Global Health’s sole responsibility;
(e) to the extent not effectively excluded or disclaimed in these Terms and Conditions of Use, Global Health is solely responsible for addressing any claims Users may have relating to the Lifecard® Product or their possession and/or use of a Lifecard® Product, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Lifecard® Product fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation;
(f) Apple is in no way liable in respect of any Intellectual Property Rights infringement claim in relation to the Lifecard® Product;
(g) Users represent and warrant that:
(i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) they are not listed on any U.S. Government list of prohibited or restricted parties;
(h) Users must comply with all applicable third party terms of agreement (where applicable) when using the Lifecard®Product; and
(i) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions of Use, and that, upon a User’s acceptance of these Terms and Conditions of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions of Use against the User as a third party beneficiary thereof.