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Terms of service

Last updated: 12/04/2020

About us

Heartyfacts provides self-directed educational content and services to promote wellbeing and life satisfaction through its Progressive Web Application (such content, services, Progressive Web Application software, including any updates or upgrades, being jointly referred to as the “Product”).

The terms “Heartyfacts” (“we”, “us” and “our”) refer to Heartyfacts as the provider of the Product.

These terms and conditions (the ‘Terms”) form the basis of this agreement between you and us and govern the access and use of content, products and services provided on www.heartyfacts.com (“the Website”) or any other platform related to Heartyfacts. Please read them carefully before accepting to use the Product.

Your access to and/or use of the Product (including browsing and downloading any material from the Website, whether as a registered user or not) shall mean that you have read, understood and agree to be bound by these Terms. By accessing or using the Product you also acknowledge that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms on behalf of yourself and/or any other person and/or any organisation you lawfully represent in connection with your use of the Product. When registering and/or accessing the Product on behalf of any person and/or organisation, you understand and agree that you are solely responsible for such person and/or organisation and/or related users’ compliance with the Terms. If you, or any person and/or organisation on behalf of whom you are registering or accessing the Product, do not agree to the Terms, you or any person and/or organisation on behalf of whom you are registering or accessing the Product are not authorised to access or use the Product, or purchase a subscription and you must cease access and/or use immediately.

Health professionals who register as a user on behalf of an organisation must have the legal authority and consent of the organisation to agree to the terms and conditions on its behalf.

Heartyfacts reserves the right to review and amend the Terms at its sole discretion to remain compliant. Your continued access to the Website and use of the Product after the date that Page 2 of 10 changes to the Terms come into effect constitutes your binding acceptance of such changes. The last updated date can be found at the top of this document.

Any enquiries about these Terms, feedback or complaint should be sent to info@heartyfacts.com.

Any notice to you will be sent to the email address you provide during the registration process.

Any notice to us should be sent to: Heartyfacts Legal Department PO Box 1006 Kingscote SA 5223

Scope

You must be 18 years of age, or the age of majority in your province, state, territory or country, to sign up as a registered user of the Product. Individuals under the age of 18, or the applicable age of majority, may utilise the Product only with the consent and involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms.

You understand, acknowledge and agree that Heartyfacts, the Website, its content and material are primarily self-directed educational services provided to you for the purpose of general information and observation only, and that the mapping guidelines constitute a suggestion only.

Heartyfacts (or its licensor) does not make available the Website and/or Product, directly or indirectly, as professional medical assessment, advice or treatment for any physical, psychological, mental or emotional imbalance or ailment and you understand, acknowledge and agree that your use of the Product is at your own risk. Individual circumstances are unique and you are responsible for assessing the suitability of the Product according to your own personal situation. If you are currently linked to a Health Practitioner please seek their advice as to the suitability of the Product for your own personal circumstances.

If you require urgent help, please contact emergency services in your province, state, territory or country.

The mapping guidelines, whether in the Standard or Premium subscription are provided as a suggestion only and do not constitute professional medical advice and/or a warranty of result.

Heartyfacts does not represent any healthcare provider and/or their affiliated organisations and/or associated users who choose to use the Product, whether as a registered user or not, nor endorses any advice given to you by such provider or any use of the Product by such provider. The Product is made available to Health Professionals as a mean to facilitate engagement and therapeutic relationship and not as a substitute for therapeutic purposes.

Heartyfacts and the license herein granted shall not be copied, shared, distributed, offered for sale or re-sale, transferred or sublicensed in whole or part.

You will not, as a Health Professional, enable any client or person to use the Product without your simultaneous guidance either face to face or via teletherapy.

You will not, as a Health Professional, enter any identifiable data related to your clients in the Product. A non-identifiable ID or username corresponding to clients must be created independently of the Product and only this non-identifiable information entered in the clients’ list accessible in the Product.

Registration

Individuals who wish to purchase a membership for personal use must choose the Standard subscription and provide the required information.

Professionals who wish to purchase a membership to use the Product as a tool to facilitate engagement and therapeutic relationship can choose either subscription. However, the Standard subscription does not enable the same type of functionality as the Premium option. All Health Professionals MUST provide their full details for registration.

To purchase a subscription in order to access the Product, you will be asked to provide personal information about yourself including:

As an individual for personal use only

(a) Username
(b) Email address
(c) A password
You warrant that any information you provide in the course of the registration process is correct, accurate and up to date.

By clicking on the “I acknowledge and confirm that I have read, understood and accept the Terms & Conditions and Privacy Policy” button, you indicate that you agree to be bound by the Terms. You will not be able to complete the registration process unless you accept and agree to the Terms and Privacy Policy.

An email will be sent to you with a link to verify your email address. Once you confirm your email address by clicking on the link, your purchase will be complete and your payment processed.

As a Health Professional

Health Professionals must tick the box “I am a qualified health professional”, provide their full personal and organisational details if applicable and acquire their clients informed consent prior to using the Product.

By clicking “I am a qualified Health Professional”, you acknowledge and affirm that you have the required qualifications and credentials as per applicable law and regulations in your province, state, territory or country, and in the province, state, territory or country of your clients, as applicable, to practice as a Health Practitioner.

To purchase a subscription in order to access the Product, you will be asked to provide personal information about yourself including:

(d) Username
(e) Email address
(f) A password
(g) First Name
(h) Surname
(i) Organisation
(j) Occupation
You warrant that any information you provide in the course of the registration process is correct, accurate and up to date.

By clicking on the “I acknowledge and confirm that I have read, understood and accept the Terms & Conditions and Privacy Policy” button, you indicate that you agree to be bound by the Terms. You will not be able to complete the registration process unless you accept and agree to the Terms and Privacy Policy.

Health Professionals who register as a user on behalf of an organisation must have the legal authority and consent of the organisation to agree to the terms and conditions on its behalf.

An email will be sent to you with a link to verify your email address. Once you confirm your email address by clicking on the link, your purchase will be complete and your payment processed.

The license granted is non transferrable. Health Professionals who register as a user on behalf of an organisation must advise Heartyfacts immediately if they are no longer acting on behalf of such organisation and cancel their subscription accordingly.

In the event that you are required to or wish to cancel your subscription, you must request cancellation prior to subscription renewal. Monthly and yearly subscriptions will not attract a pro-rata refund for unused portion of the subscription.

The premium subscription is only accessible to Qualified Health Professionals

Privacy and personal information

By accessing, downloading and/or installing and/or using the Product, you acknowledge and consent to the storage of your personal information in Singapore. You acknowledge and consent to payment processing information by our third-party payment processing provider. For information about storage and processing of personal data by our payment processing provider, please visit: Stripe.com

You agree that Heartyfacts and its affiliates may collect and use information as part of your use of the Product and related support services. Detailed information about collection and use of data can be found on our Privacy Policy.

By accessing, downloading and/or installing and/or using the Product, you acknowledge that you have read, understood and accept our Privacy Policy as part of these Terms.

Prohibited use of the Product

You agree not to email, share via any means or otherwise transmit any material which:
a) does not abide by any applicable law, standards or regulations;
b) is illegal, unlawful, immoral, offensive or harmful;
c) contains any files, programs, computer code or virus intended to damage, destroy or interrupt the functionality of the Product or of any equipment whether directly or indirectly related to the Product

You agree not to interfere in any manner, whether directly or indirectly, with the servers and/or networks related or connected to the Product nor perform any other action which disrupts the Product.

Intellectual Property and Copyright restriction

Intellectual Property means any intellectual or industrial property right existing worldwide, including (without limitation) any patent, design right, copyright, semiconductor or circuit layout right, confidential or proprietary information, know how, trade mark, domain name or other right.

The Product contains copyrighted material, trade secrets and other proprietary material. You shall not attempt to modify, reverse engineer, disassemble, decompile or otherwise attempt to extract the sources code of any version of the Product (“Licensed Property”), or any part thereof. Nor can you create any derivative works or other works that are based upon or derived from the Licensed Property in whole or part.

Heartyfacts name, logo and graphics file shall not be used in any way without the prior consent of Heartyfacts. Heartyfacts (or Heartyfacts’s Licensors) retains sole and exclusive ownership of all right, title and interest in and to the Licensed Property and all intellectual property rights relating thereto.

Copyright law and international treaty provisions protect all parts of the Licensed Property and related products and services. No program, code, part, image, audio sample or text may be copied or used by you except as expressly authorised by these Terms. All rights not expressly granted hereunder are reserved for Heartyfacts (or Heartyfacts’s licensors) whether registered or not, and wherever in the world those rights may exist.

Assignment of Intellectual property

You hereby assign your entire right, title and interest in the Intellectual Property in or relating to any Improvement (includes any improvement, modification, enhancement, upgrade, addition or alteration made to the Licensed Property, whether authorised or not) to us (or our Licensor) (including any choses in action which have accrued as at the date of this deed or which may accrue in the future). If requested by us, you will execute such further documents as may be necessary or desirable for the purpose of vesting ownership of any Intellectual Property which we are entitled to own pursuant to this agreement.

Use of Heartyfacts Software and restriction on use

By accessing, downloading and/or installing and/or using the software and related content (the Licensed Property), you agree that these Terms form a legally binding and valid contract and you agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this agreement.

Your use of the Product indicates your acceptance of these Terms.

Heartyfacts Software License

Subject to your compliance with these Terms, Heartyfacts grants you a limited, non-exclusive, non-transferable license, without right to sublicense, to use the software and related content made available to you for your use of the Product in accordance with these Terms.
Heartyfacts does not transfer the title of the Software to you; the license granted to you is not a sale.

You may create, store, download and share your content in connection to your use of the Product and as expressly authorised by these Terms. You acknowledge and agree that Heartyfacts and/or its representatives, affiliates, employees, agents, subcontractors and distributors may use, copy, display, distribute or otherwise exploit such content created by you (excluding your personal information related to the purchase of the subscription) for research and promotional purposes as detailed in our Privacy Policy.

License restrictions

Any use of the Licensed Property not expressly permitted by these Terms is prohibited. Without limiting the generality of the foregoing, you shall not:
(a) permit persons other than you as a registered user to access or use the Licensed Property (or any part thereof);
(b) use the Licensed Property (or any part thereof) in breach of any applicable laws or regulations;
(c) access or use the Licensed Property (or any part thereof) for commercial purposes;
(d) use the Product for scientific research or be subject to evaluation without the express written consent of Heartyfacts.

Disclaimer of warranty

No warranties

The software, including without limitation the Licensed Software, is provided to the customer, whether as a registered user or not, on an “as is” “where is” basis without warranty and customer’s use thereof is at its own risk.

Except as expressly stated in writing, Heartyfacts and its representatives, affiliates, employees, agents, subcontractors and distributors make no representation and give no warranties in respect to this software and expressly exclude all other warranties, expressed or implied, oral or written, including, without limitations, any implied warranties of merchantable quality or fitness for a particular purpose.

Without limiting the above, Heartyfacts makes no representation or warranty regarding:
a) the effectiveness of the Product or its intended purpose,
b) the accuracy of the Product or its ability to meet your requirements or to operate in any combination that may be selected by you or to operate uninterrupted or error free,
c) the correction of any software errors, defects or inefficiencies,
d) the integrity of any data and the results, capabilities, suitability, use, nonuse or performance of the Product,
e) the credentials and competency of Health Professionals who register for any subscription,
f) The way professionals choose to use the product and/or their compliance in respecting Privacy rules as per the Privacy Policy,
g) any financial loss arising directly or indirectly from, attributable to or in consequence of any defective or non-effective product, or harm incurred by authorised users and/or their clients.

Limitation of Liability

In no event (including, without limitations, in the event of negligence) will we, our representatives, employees, agents, subcontractors and distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitations, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss) in connection with or arising out of or related to this agreement, the Product, or the use or inability to use the Product or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Indemnity and release

You will indemnify, hold harmless and defend us, our representatives, employees, agents, subcontractors and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with (a) your use of the Product and/or related documentation or material, (b) your breach of the Terms.

Governing law

These Terms shall be governed by the law of Australia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Australia therefrom.

If any term or part of Terms is or becomes for any reason invalid or unenforceable, then that term or part of these Terms will be and is hereby deemed to be severed from this agreement without thereby affecting the remainder of this agreement which will continue to be valid and enforceable.

Termination

Any failure to comply with the terms and conditions of this agreement will result in automatic and immediate termination of this license without notice.

Upon termination of this license, whether due to compliance failure or end of license term, you agree to immediately cease use of the Licensed Property and destroy all copies of the Licensed Property supplied under this agreement.

©2020 Heartyfacts All rights reserved