MY CANCER PAL APP
TERMS AND CONDITIONS AND LICENCE AGREEMENT
The My Cancer Pal App is owned and operated by McAston Pty Ltd (ACN 603 548 303) trading as My Cancer Pal (we, us).
By downloading My Cancer Pal you acknowledge and accept these Terms and Conditions (Terms). If you do not agree to be bound by these Terms, you must not download My Cancer Pal. We may vary these Terms at any time. Any varied Terms will be provided electronically to you via the App Store or your mobile device.
1. About My Cancer Pal
1.1 My Cancer Pal provides personalised and tailored cancer treatment management tools for users.
1.2 My Cancer Pal is a general information resource only. While we have exercised due care in ensuring the accuracy of material contained in My Cancer Pal, the information is made available on the acknowledgment and understanding that the information is not professional advice on your medical condition or any other medical matter.
1.3 Nothing contained in My Cancer Pal should be used as medical advice or to diagnose, treat, cure or prevent cancer or any other medical condition. Nor should My Cancer Pal be used as a substitute for the advice of your health professional.
1.4 In some cases, material available via My Cancer Pal may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect our considered view or indicate a commitment to a particular course of action.
1.5 We do not accept any liability for any injury, loss or damage whatsoever incurred by use of or reliance on information accessed via My Cancer Pal.
2.1 We grant you a limited, revocable, non-exclusive, non-transferrable licence to download and use My Cancer Pal in accordance with these Terms (Licence).
2.2 The Licence is granted to you for personal use only, and you must not use My Cancer Pal for any commercial purposes.
2.3 We may in our sole discretion change or case, temporarily or permanently, any element or functionality of My Cancer Pal at any time, including introducing new content or capabilities, or supplementing, changing or discontinuing any part of the current content or capabilities.
3. Your responsibilities
3.1 When you download and install My Cancer Pal, you acknowledge and agree that:
3.1.1 all information you provide during the download process and afterwards is true, accurate and complete and will be maintained and kept up to date;
3.1.2 it is your sole responsibility to maintain the confidentiality of any password your create for accessing My Cancer Pal;
3.1.3 you are solely responsible for any anti-virus and security issues relating to your mobile device to prevent unauthorised access to My Cancer Pal; and
3.1.4 you will install all upgrades made available to My Cancer Pal to ensure you utilise the latest release and its full functionality.
4.1 We understand that privacy is important to you. We are committed to protecting your privacy by handling personal information securely and with care in accordance with Australian privacy laws.
5. INTELLECTUAL PROPERTY
5.1 All data, graphics, photographs, images, software and other content (Content) contained in or accessible in or via My Cancer Pal is owned by us or used under licence. The Content is protected by copyright under the laws of Australia and other countries through international treaties.
5.2 ‘My Cancer Pal’ and the My Cancer Pal logo are registered trade marks in Australia, and may be otherwise protected by law in other countries. You must not use or register any trade marks, logos or trade names which are contained in the My Cancer Pal without our prior written consent.
5.3 Unless expressly granted, we do not grant you any licence or right in, or assign to you all or part of the Content or our intellectual property rights subsisting My Cancer Pal.
5.4 You must not remove any proprietary notice, trade mark or credit contained in My Cancer Pal.
5.5 You must not attempt to reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile or disassemble any of the software, data, code, information or material made available or accessible to you via My Cancer Pal, except to save, edit, transfer or store health information as intended by My Cancer Pal.
5.6 We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.
6. Third Party Interactions
6.1 My Cancer Pal may contain paid advertising by third parties and links to third party material or websites.
6.2 Any third party links should be used at your own discretion. We do not sponsor or endorse any external website or advertiser. We are not responsible for the content or reliability of any linked websites and cannot guarantee that these links will work all of the time or will not contain viruses.
7. LIMITATION OF LIABILITY
7.1 Subject to these Terms, you acknowledge that My Cancer Pal cannot be guaranteed to be entirely error or fault free, and that the existence of any minor error or fault shall not constitute a breach of these Terms.
7.2 You acknowledge that, although the Internet is generally a secure environment, sometimes there are interruptions in service, or events that are beyond our control. We shall not be responsible for any data lost while transmitting information on the Internet or via a mobile carrier.
7.3 While My Cancer Pal is intended to operate on iOS, Android and Windows devices, we provide no warranty that it will function on your mobile device. We are not liable for any loss or damage to your mobile device arising from your download or installation of My Cancer Pal, except to the extent such loss or damage is caused by our negligence.
7.4 To the extent permitted by law, we exclude all conditions, warranties or representations express or implied whether arising by statute or otherwise relating to your use of My Cancer Pal that are not set out in these Terms. In particular we provide no warranty that:
7.4.1 information contained in My Cancer Pal is up to date, reliable or accurate;
7.4.2 use of My Cancer Pal is secure;
7.4.3 My Cancer Pal is suitable for your specific uses; or
7.4.4 content will be secure and protected from unauthorised use, misuse or damage.
7.5 If you are a consumer under the Australian Consumer Law (ACL) and the ACL applies to the Licence, our liability under the ACL is limited to replacement of goods or re-supply or services or the replacement cost of goods or re-supply of services.
7.6 In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
7.7 We disclaim any and all liability for the acts, omissions and conduct of any third party users, promoters, advertisers and/or sponsors of My Cancer Pal. We are not responsible for the information, products, services, actions or failure to act of any third party in connection with your use of My Cancer Pal.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with My Cancer Pal, including any breach by you of these Terms.
9. BREACH OF TERMS
If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:
9.1 suspend or cancel your access to My Cancer Pal;
9.2 take legal action against you; and/or
9.3 prohibit you from future use of My Cancer Pal.
10.1 The Terms shall in all respects be governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under the User Terms.
10.2 If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
10.3 No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term of any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.