The CancerAid Coach Program - Terms and Conditions

Summary:

Please read the following information as it is relevant to you when using our coaching program.

·      Our coaching program is intended to provide you with general information about dealing with cancer. It’s not a replacement for medical advice from your clinician, nor will you be provided with medical advice during the program.

·      Participating in our coaching program will not affect your insurance claim, or any future insurance claim you make.

·      We don’t give any personally identifiable information to the company that referred you to this program. We may give these companies information that has had all personally identifiable information stripped from it (we call this aggregated data), but we don’t provide any information that may identify you.

·      The coaches in our coaching program may be medically trained, but they do not provide medical advice and are not responsible for your medical care. Neither we, nor coaches, are liable for your medical care.

·      While this program is designed with up to date research and with the input of medically trained professionals, we are unable to promise it will help reduce symptoms of cancer or improve your general health and wellbeing.

·      While our CancerAid Coaching Program is free to you, your enrolment in the program is paid for by your life insurer or your employer.

If you are enrolled by your life insurer, as part of the Coaching Program, we may recommend to your life insurer that further rehabilitation (i.e. exercise physiology, physiotherapy, dietetics, and occupational therapy) is appropriate for you, at which point your life insurer may elect to refer you to, or enrol you in, additional rehabilitation services to further improve your health outcomes. You are not required to engage in these services if you choose not to.

Terms and Conditions in Detail:

1               INTRODUCTION

1.1           CancerAid provides a web &mobile system for assisting cancer patients and their caregivers by providing information and organising a patient’s experiences.

1.2           The CancerAid web & mobile system includes a coaching program which provides information and access to a community of other individuals suffering from cancer to help guide cancer patients through treatment. These Terms and Conditions govern the use of the CancerAid Coaching Program.

Medical emergencies: If you require immediate medical attention, contact your treating clinician or call 000.

Contact your treating clinician or call 000 if you have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:

- severe chest pain

- heart attack

- stroke

- loss of consciousness

- severe bleeding

- breathing difficulty

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this App or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the App and instead contact 000 immediately or seek alternative and appropriate medical services.  

2               IMPORTANT TERMS

2.1           The following terms are used regularly throughout these Terms and Conditions and have a particular meaning.

2.2           Account means the account a User registers for and uses to access theApp.

2.3           Agreement means the user agreement governing use of the App, available here.

2.4           App means:

(a)           the web application accessible from https://www.canceraid.com; and/or

(b)          the CancerAid mobile application available from the Apple® App Store®, Google Play® and other mobile application marketplaces.

2.5           CancerAid means CancerAid Pty Ltd ABN 75 607 610 257.

2.6           Coach means a CancerAid staff member available to a User while completing the Coaching Program.

2.7           Coaching Program means the week-by-week program developed by CancerAid to provide resources and support to cancer patients.

2.8           Content means the documents, articles, infographics and other resources available on the App for Users to read and use.

2.9           Privacy Policy means CancerAid’s privacy policy as updated from time-to-time, which can be found at https://www.canceraid.com.au/confidentiality/.

2.10        Terms and Conditions means these Terms and Conditions.

2.11        User means you, the person, organisation or entity using or accessing the App.

3               ACCEPTANCE

3.1           These Terms and Conditions govern the use of the Coaching Program by the User and limits the liability of CancerAid to the User.

3.2           By downloading the App, accessing and/or using the App, the User (i) warrants to CancerAid that she/he has reviewed these Terms and Conditions, including CancerAid’s Privacy Policy (Terms), with a parent or legal guardian (if the User is under 18 years of age) and she/he understands them; (2) warrants to CancerAid that she/he has the legal capacity to enter into a legally binding agreement with CancerAid or (if the User is under 18 years of age) she/he has a parent’s or legal guardian’s permission to access and use the App and they have agreed to the Terms on the User’s behalf; and (3) agree to use the App in accordance with these Terms.

3.3           If the User is a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an Account and/or use the App, the User agrees to: (i) supervise the Minor’s use of the App and their Account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the App and their Account; (iii) ensure that the content on the App is suitable for the Minor; and (iv) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

3.4           These Terms supplement and incorporate CancerAid’s policies and terms and conditions posted on the App, including the Agreement.

4               COLLECTION NOTICE

4.1           CancerAid collects personal information about the User in order to enable use of and access to the App, for communication purposes, to ensure the User is shown relevant information on theApp and for other purposes set out in the Privacy Policy.

4.2           CancerAid will never disclose a User’s personal information without the User’s permission, and CancerAid does not disclose personally identifiable information to the insurer, employer or pharmaceutical company which referred the User to the Coaching Program. Participation in the Coaching Program will not affect a User’s insurance claim.

4.3           Through the App, a User may authorise nominated individuals and health professionals to receive their personal information.

4.4           CancerAid’s Privacy Policy contains further information about: (i) how CancerAid stores and uses a User’s personal information; (ii) how a User can access and seek correction of her or his personal information; (iii) how a User can make a privacy-related complaint; and (iv) CancerAid’s complaint handling process.

4.5           By providing personal information to CancerAid, the User consents to CancerAid collecting, holding, using and disclosing the User’s personal information in accordance with the Privacy Policy.

5               USERS’ RESPONSIBILITIES

5.1           CancerAid aims to provide a useful and informative service for cancer patients. To help CancerAid do this, Users must play their part. Users must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to the App or which apply to the User or the User’s use of the App; anything which CancerAid would consider inappropriate; or anything which might bring CancerAid or the App into disrepute, including (without limitation):

(a)           anything that would constitute a breach of an individual’s privacy (including uploading private or persona linformation without an individual's consent) or any other legal rights;

(b)          using the Forum to defame, harass, threaten, menace or offend any person;

(c)           interfering with any user using the App;

(d)          tampering with or modifying App, knowingly transmitting viruses or other disabling features, or damaging or interfering with the App, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the App;

(e)           anything that might violate any local, state, national or other law or regulation or any order of a court;

(f)            using the App to send unsolicited email messages; or

(g)           facilitating or assisting a third party to do any of the above acts.

6               FORUM

6.1           If the App includes a forum on which registered Users are able to communicate, then Users must limit their discussions to topics which are relevant to the App.

6.2           CancerAid reserves the right to remove any posts which CancerAid, in its sole discretion, deem to be inappropriate.

7               INFORMATION

7.1           The Content is not comprehensive and is for general information purposes only. The Content does not consider aUser’s specific needs, objectives or circumstances, and is not medical advice.  The User must not rely upon the Content as a substitute for medical advice. While CancerAid uses reasonable attempts to ensure the accuracy and completeness of the Content, CancerAid makes no representation or warranty regarding it, to the extent permitted by law. A User must always seek a personalised diagnosis and medical advice from her or his treating clinician. The Content is subject to change without notice. CancerAid does not undertake to keep the App up-to-date and CancerAid is not liable if any Content is inaccurate or out-of-date.

8               WARRANTIES,DISCLAIMERS AND INDEMNITY

8.1           To the extent permitted by law, CancerAid makes no representations or warranties about the App, the Coaching Program or the Content, including (without limitation) that:

(a)           they will reduce a User’s medical costs, prolong life expectancy or reduce physical symptoms of cancer;

(b)          they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(c)           access will be uninterrupted, error-free and free from viruses; and

(d)          the App will be secure.

8.2           A User reads, uses, and acts on theApp and the Content at her or his own risk.

8.3           Despite anything to the contrary, to the maximum extent permitted by law:

(a)           CancerAid’s maximum aggregate Liability arising from or in connection with these Terms (including the services CancerAid provides and/or the subject matter of these Terms) will be limited to, and must not exceed $1; and

(b)          CancerAid will not be liable to a User for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

8.4           Despite anything to the contrary, to the maximum extent permitted by law, CancerAid and Coaches will have no liability, and Users release and discharge CancerAid and Coaches from all liability, arising from or in connection with any:  

(a)           event or circumstance beyond CancerAid’s reasonable control;

(b)          any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the App;

(c)           use of the App and/or Content;

(d)          interaction a User has with other users whether in person or online;

(e)           any injury or loss to any person;

(f)            Content which is incorrect, incomplete or out-of-date; or

(g)           breach of these Terms or any law.

8.5           Users agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

8.6           Not medical advice: The App provides the User with access to Coaches during the course of the Coaching Program. Coaches may be doctors or trained medical professionals; however they do not provide medical advice or medical diagnoses to Users. Coaches provide Users with general information on medical matters, including cancer and cancer treatments to Users, but do not provide medical advice that is tailored to a particular User or which is in any way specific to a User’s situation. A User must seek diagnosis and personalised medical advice from their treating clinician. Coaches have no scope to, and do not, review medical documents, diagnoses, scans or any other medical information of a User. Coaches and CancerAid are not responsible or liable for your medical care.

8.7           Users must not request that a Coach provide personalised medical advice.            

8.8           Use of the App is at the User’s own risk.

8.9           This clause will survive the termination or expiry of these Terms.

9               TERMINATION

9.1           A User may cancel her or his Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on the App or by sending us an email to the address at the end of these Terms. A User can also deactivate her or his Account at any time via the App.

9.2           CancerAid may terminate these Terms for convenience at any time by giving a User 30 days’ notice via email to the email address in the User’s Account.

9.3           CancerAid may suspend a User’s Account or terminate these Terms in its sole discretion immediately without notice if (i) the User is in breach of these Terms, any applicable laws, regulations or third party rights, (ii) CancerAid receives complaints about the User’s conductor comments on the forum or (iii) CancerAid ceases to have a relationship with any company that provided the User with access to the CancerAid App.

10            Assignment

10.1        A User may not assign, transfer or delegate these Terms and a User’s rights and obligations under the Terms without CancerAid’s prior written consent. CancerAid may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at its sole discretion, with 30 days prior notice. A User’s right to terminate these Terms, in accordance with these Terms, remains unaffected.

11            Severance

11.1        If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

12            Jurisdiction

12.1        Users’ use of the App and these Terms are governed by the laws of New South Wales. Users irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

12.2        The App may be accessed throughout Australia and overseas. CancerAid makes no representation that the App complies with the laws(including intellectual property laws) of any country outside Australia.  If a User accesses the App from outside Australia, the User does so at her or his own risk and are responsible for complying with the laws of the jurisdiction where she or he accesses the App.

For any questions and notices, please contact us at:

CancerAid Pty Ltd ABN 75 607 610 257

Email: contact@canceraid.com

Last update: 28 April 2020