Please read these Terms and Conditions (“Terms”) carefully before using the respiri™ mobile application (the “Service”) operated by Respiri Limited ACN 009 234 184 (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you must not access the Service.
These Terms apply to all users and others who access or use the Service. If you are under 18 years old, you must obtain consent from your parent or guardian before using the Service and by consenting, they agree to be bound by these Terms on your behalf.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password by you or any person who obtains access to your password (other than through our breach of these Terms or our negligence), whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of a person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Acceptable Use of the Service
You must not:
- use the Service in a fraudulent or misleading way;
- use the Service except as expressly permitted by these Terms;
- use the Service in a manner that breaches any law;
- re-supply or re-sell the Service in any way, or seek or offer to do so;
- engage in conduct or activities which attempt to manipulate or bypass any limitations or security measures on the Service;
- do (or omit to do) anything that may jeopardise the security of the Service;
- provide us with inaccurate information in connection with the Service;
- seek to interfere with or disrupt the Service, or any person’s use of the Service, in any way;
- use the Service in a way which would not be reasonably regarded as ordinary use; nor
- encourage or assist any other person to do any of the above.
The Service and its original content, features and functionality, including all intellectual property rights in relation to the Service, are and will remain the exclusive property of Respiri Limited and its licensors. The Service is protected by copyright, trademark and other laws of Australia and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Respiri Limited. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you. You must not challenge the validity or ownership of the intellectual property rights relating to the Service by Respiri Limited or its licensors.
We may collect personal information from you through the Service, about you and other people. We collect this for the purpose of providing the Service.
We will only disclose this personal information to others, for example to government bodies/agencies, to your nominated medical practitioner and to our service providers, as necessary to provide the Service or as otherwise required or permitted by law.
Links to Other Websites
The Service may contain links to third-party websites or services that are not owned or controlled by Respiri Limited. We only provide these links as a convenience, and the inclusion of such links does not imply our endorsement of those websites or services. You acknowledge and agree that when you access other websites or services on the Internet:
- you do so at your own risk; and
- Respiri Limited is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such websites or services.
Respiri Limited has no control over, and assumes no responsibility for, the privacy policies or practices of any third party websites or services (or their operators).
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately, without liability, if you materially breach these Terms. We may do so without notice to you except that if applicable law requires us to give notice to you, we may give prior or subsequent notice through the Service or by sending a communication to any email or other address that we have for you in our records.
You may terminate your account by contacting us and requesting that we close your account. Alternatively, you may simply discontinue using the Service.
Upon termination, your right to use the Service will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, exclusions of warranties, limitations of liability and disclaimers.
Application of Consumer Protection Statutes
The rights provided to you under these Terms are provided in addition to all rights and remedies conveyed to you by applicable consumer protection laws and do not affect your legal (statutory) rights under your applicable national law.
The jurisdiction applicable to you may not allow the limitations of liability or damages set forth in these Terms, in which case such limitations only apply to you to the extent permitted in such jurisdiction.
Subject to the following paragraph, nothing in these Terms limits any rights and remedies you may have under the Australian Consumer Law (and any other applicable statute) in relation to the Service.
To the extent permitted by statute the liability, if any, of Respiri Limited arising from any failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods or services other than goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, is at Respiri Limited’s option limited to, in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired,
and in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Exclusion of Warranties
Respiri does not warrant that the operation of the Service will be uninterrupted or error-free.
To the greatest extent permitted by applicable law:
- no warranty, whether written or oral, expressed or implied, applies with respect to the Service, including without limitation any warranty of suitable design, merchantability, satisfactory quality, fitness for a particular purpose (even if Respiri Limited has been informed of such purpose) or against intellectual property infringement; and
- all warranties, conditions, guarantees and liabilities on the part of Respiri Limited whether oral, written, (non-mandatory) statutory, contractual, in tort or otherwise, including without limitation, and where permitted by applicable law, any implied conditions, guarantees, warranties or other terms as to satisfactory quality or fitness for purpose, are excluded.
Limitation of Liability
Respiri Limited is not liable (except for any liability in negligence or for breach of these Terms) for any damages or loss suffered as a result of you or any other person using the Service.
To the greatest extent permitted by applicable law:
- Respiri Limited’s liability (including in negligence) in connection with any defect in or problem with the Service or for breach of these Terms shall be limited to 100 Australian dollars (AUD 100); and
- Respiri Limited does not assume any liability (including in negligence) for loss of or damage to or corruption of data, for any loss of profit, loss of use of the Service or functionality, loss of business, damage to reputation, loss of contracts, loss of revenues or loss of anticipated savings, for any increased costs or expenses or for any indirect loss or damage, consequential loss or damage or special loss or damage.
Respiri is not responsible for the operation, availability, coverage, services or range of your mobile device or any cellular or other network or system provided by a third party and necessary for you to use the Service.
THE LIMITATIONS SET FORTH IN THESE TERMS ARE INTENDED TO LIMIT THE LIABILITY OF RESPIRI LIMITED AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
respiri™ is not a substitute for professional healthcare advice. Make sure you consult a licensed healthcare professional about your medical condition, your medications and how you should act in response to your wheeze rate.
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You and we irrevocably submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
These Terms confer rights only upon a person expressed to be a party, and not upon any other person.
Any provision of these Terms which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms or the validity of that provision in any other jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us at [email protected].