Last revised: 20 January 2022
IMPORTANT: THE ADD ON IS DESIGNED TO PROVIDE TEST RESULTS TO BE USED BY CLINICIANS TO REMOTELY ASSESS PATENTS AGED 29 DAYS OR OLDER IMMEDIATELY PRECEDING OR DURING A TELEHEALTH CONSULTATION. THE TEST RESULTS SHOULD BE USED AS PART OF AN OVERALL CLINICAL ASSESSMENT IN THE FACE OF OTHER EVIDENCE RELATED TO THE PATIENT. A TEST RESULT INDICATION SHOULD BE WEIGHED AGAINST THE CLINICAL SIGNS AND INDICATIONS FROM THE PATIENT, AND POSSIBLY OTHER TEST RESULTS ALSO, AS WELL AS THE CLINICAL EXPERIENCE AND JUDGEMENT OF THE DIAGNOSING CLINICIAN.
Subject to these Terms, ResApp grants the Customer a non-transferable, non-exclusive, limited and revocable license to use the Add On and Test Results as permitted by the Usage Rules in accordance with these Terms.
Any use of the Add On in any other manner, including, without limitation, rent, resale, lease, sale, transfer, modification, decompile, disassemble, reverse engineer, or distribution of the Add On or text, pictures, video, data or other content associated with the Add On is prohibited.
The Add On is registered as a medical device in the following territories: Australia, Switzerland, Singapore, Kenya, Indonesia and countries within the European Economic Area.
The Customer shall only use the Add On and Test Results for the remote assessment of symptoms of patients located within one of the Territories, aged 29 days or older, immediately preceding or during a telehealth consultation, as an aid to diagnosis of disease by a doctor located in one of the Territories who is employed or contracted by the Customer.
The Customer shall ensure that the Add On and Test Results are only used by doctors or nurses registered with the relevant medical authority in the Territory. The Customer shall ensure that the Add On and Test Results are only used by persons appropriately and adequately trained in the use of the Add On and Test Results, and use the Add On and Test Results with all due care and skill.
The Customer shall only use or display the Add On within the Territories.
The Customer acknowledges, understands and agrees that the Add On remains ResApp property and that the Customer obtains no rights, including rights of ownership, data rights, license rights, or otherwise, except for the license explicitly set forth herein. ResApp retains all right, title, and interest in and to the Add On and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. ResApp property includes, but is not limited to, all software, processes, methodologies, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information in or made available to you in connection with the Add On.
The Customer agrees to defend, indemnify, and hold harmless ResApp and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from the Customer’s use or misuse of the Add On or Test Results, violation of these Terms or violation of any rights of a third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, RESAPP PROVIDES THE ADD ON AND TEST RESULTS “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND RESAPP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESAPP DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE ADD ON. RESAPP DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE ADD ON OR THAT RESAPP WILL CORRECT ANY OR ALL DEFECTS. RESAPP IS NOT RESPONSIBLE FOR THE TEST RESULTS OBTAINED FROM THE USE OF THE ADD ON.
Limitation of Liability
EXCEPT WHEN EXPRESSLY PROHIBITED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, IN NO EVENT WILL RESAPP BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION, LOSS OR CORRUPTION OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER RESAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, RESAPP’S LIABILITY TO THE CUSTOMER UNDER THESE TERMS OR WITH RESPECT TO THE ADD ON AND TEST RESULTS IS LIMITED TO $100. WHERE ANY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, PROHIBITS THE EXCLUSION OF THE LIABILITY OF RESAPP WITH RESPECT TO THE SUPPLY OF ANY GOODS OR SERVICES TO THE CUSTOMER PURSUANT TO THIS AGREEMENT, THAT LIABILITY IS LIMITED TO, IF PERMITTED BY LAW: (A) IN THE CASE OF GOODS, REPAIRING OR REPLACING THE GOODS OR PAYING THE COST OF SUPPLYING EQUIVALENT GOODS; AND (B) IN THE CASE OF SERVICES, PROVIDING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING EQUIVALENT SERVICES.
These Terms are governed by, and is to be construed in accordance with, the laws applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts.
ResApp reserves the right to change or modify these Terms at any time and its sole discretion by positing revisions on the ResApp Health website. Continued use of the Add On following the posting of these changes or modification will constitute acceptance of such changes or modifications.
If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected.
Any questions, complaints or claims regarding the Add On or Test Results should be directed to:
ResApp Customer Service
ResApp Health Limited
Level 12, 100 Creek St
Brisbane QLD 4000
Phone: (07) 3724 0035