The terms of this Agreement also apply to the App or any of the services accessible through the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply.
The App has been developed as a service of VHCA. Like any other service, in spite of our best efforts to keep information and functionality of the App current, these may become out of date over time. To the maximum extent permitted by law, we exclude and do not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability of the App or any materials or information in the App. VHCA only supplies the App for private and personal use and for no other purpose. All content and services available through the App is provided “as is” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. To the maximum extent permitted by law, we exclude all liability for any direct or indirect damages including but not limited to damages for personal injury or lost data related to your use of the App.
Data Storage and VHCA Collection and Use of Personal Information
You agree that VHCA may collect and use data related to your device, operating system and application that is gathered periodically to facilitate the distribution of software updates and other communications related to the application (if any). VHCA may use this information for continuous improvement of the application.
Occasionally VHCA will update the in-app content and functionality of the App. These updates will not always automatically update in your downloaded copy of the App and you will need to download the update from the relevant app store in order to receive the updates.
Third Party Content
The content of the Education section of the App as marked is developed by the National Association of People with HIV Australia, and VHCA is not responsible for its contents.
The content in the App should not be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action. Information provided by the App is not intended to provide or substitute medical advice from a healthcare professional. It is important that you rely only on the advice of a health care professional to advise you on your specific situation.
Access and Service Fees
To access and use the App as intended, you may need to access the Internet through devices that access Internet based content and pay any service fees associated with such access.
Links to Third Party Websites
The App may provide links to, or embed, third party websites. This Agreement does not apply to those websites. If you choose to enter such a linked site, you agree that VHCA is not responsible for the availability of such websites and do not review or endorse and shall not be liable, directly or indirectly, for:
- how these websites treat your PII
- the content of such websites
- the use that others make of these websites.
Please ensure you check the legal and privacy statement posted on each website you access before entering any PII.
Subject to the terms of this Agreement, VHCA grants you a limited, non-exclusive, non-transferrable license to access and use the App.
Acceptable Use Restrictions
You may not rent, lease, sell, sublicense, assign, reverse engineer, disassemble, modify or transfer the App. You may not download the App in violation of any applicable laws or regulations.
You agree not to use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example by hacking into or inserting malicious viruses, or harmful data, in the App or any operating system. You also agree not to infringe our intellectual property rights or those of any third party in relation to your use of the App, to not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App, to not use the App in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, and not collect or harvest any information or data from any of our systems or attempt to decipher any transmissions to or from the servers running the App.
You also agree to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
Intellectual Property Rights
Excluding users' own data entered into the App, the copyright in all material contained on, in, or available through the app (excluding third party websites), including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to the VHCA group of companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without VHCA's express permission.
You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this Agreement.
You acknowledge that you have no right to have access to the App in source-code form.
All names, logos and trademarks owned by or licensed to VHCA or its affiliates and are set off from surrounding text, and are referred to with a TM or ® symbol or appear in italics or all capital letters. All other trademarks displayed on the App are trade marks of their respective owners. Such third party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of the VHCA Group of Companies should be inferred from the use of these trademarks. Nothing contained in the App should be construed as granting any license or right of use of any trademark displayed on the App without the express written permission of the relevant company within the VHCA Group of Companies or third party owner. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the App or any of its components.
VHCA does not maintain an obligation to provide technical support or maintenance for the App. The App is provided on an "as is" and "as available" basis. VHCA does not make any warranty that the App will meet your requirements or that the use of the App will be uninterrupted, timely, secure or error free.
This license is effective until terminated by you or VHCA which may occur at any time. Upon termination, the App must not be used and all copies must be permanently uninstalled.
This Agreement and the contents of the App shall be governed by Australian law and the courts of Australia will have exclusive jurisdiction. Although the information in the App is accessible to users outside of Australia, the information in the App is intended for use only by Australian residents. Other countries may have laws, regulatory requirements and medical practices that differ from those in Australia.