You or Your or you or your means the user of the AugmentHealth Cloud Platform known as AugmentHealth.
AugmentHealth means AugmentHealth Pty Ltd, Australia ABN 89 644 740 358.
AugmentHealth grants you a non-transferable, non-exclusive licence to use the AugmentHealth in accordance with these Terms & Conditions for the period you paid for (Term).
You agree and acknowledge that you will only use AugmentHealth for the Permitted Purpose.
You will not access the source code or modify the operation or function of AugmentHealth nor share access, authenticity certificates or passwords with any other individual.
You will not copy any part of AugmentHealth or any written materials provided to you by AugmentHealth.
AugmentHealth will notify you fifteen (15) days prior to the expiry date of the Term of renewal of Your subscription and advise of the new subscription fee for a further Term.
You must pay any money due under these Terms & Conditions on demand and make all payments to the place and in the manner specified by AugmentHealth from time to time and without set-off, deductions or withholdings on any account.
AugmentHealth may remove or disable AugmentHealth at any time without notice if the Term has expired or if you breach these Terms & Conditions.
A breach of these Terms & Conditions includes but is not limited to, sharing AugmentHealth with unauthorised individuals, attempting to harm or destroy data that is connected to AugmentHealth, uploading or creating computer viruses or corrupting the security of AugmentHealth.
If AugmentHealth deems that you have breached these Terms & Conditions or you choose not to renew Your subscription, AugmentHealth will provide you with a copy of data that you have entered into AugmentHealth that is generated as part of the user Reporting Service.
A copy of Your data will be provided to you in a format to be specified by AugmentHealth. AugmentHealth will retain a copy of Your data only if required by law or relevant Ethics Committees to do so.
AugmentHealth may access any files on AugmentHealth for the purpose of providing technical and/or professional support.
AugmentHealth will periodically access AugmentHealth to monitor its performance and rectify any errors or deficiencies.
You must report all System AugmentHealth errors and deficiencies to AugmentHealth via the email address provided as soon as you become aware of any errors and deficiencies and Treonic will repair errors and deficiencies within a reasonable time.
You must not attempt to repair AugmentHealth nor allow any unauthorised person to attempt to repair it.
AugmentHealth has the right to disable AugmentHealth at any time to repair faults and maintain the working order of AugmentHealth ("Downtime").
AugmentHealth will provide you with reasonable advance notice via email if Downtime is foreseeable.
AugmentHealth excludes responsibility for AugmentHealth performance issues associated with Your internet issues or failures you may encounter.
You acknowledge that AugmentHealth may have inherent bugs and deficiencies. AugmentHealth does not warrant that AugmentHealth will be error-free.
AugmentHealth excludes all statutory or implied conditions and warranties to the extent permitted by law.
To the extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited to resupplying any goods or services covered by the relevant condition or warranty.
AugmentHealth excludes all liability to you for personal injury suffered by any person and any consequential damage (including but not limited to, lost revenue or lost profit or loss of data) suffered by You or any other individual.
AugmentHealth excludes all liability to you arising directly or indirectly as a result of or in connection with Your use of or access to AugmentHealth.
You assume all risks and liability in relation to AugmentHealth (including liability for injury to any person or damage to any property, whether direct or consequential).
You indemnify AugmentHealth against all losses, liabilities and expenses incurred by AugmentHealth as a result of:
You must pay AugmentHealth on demand for any amount payable.
You acknowledge that you do not own any intellectual property in AugmentHealth, including any improvements or modifications to it, even where they are made by you.
You must notify AugmentHealth immediately in writing of any actual, suspected or anticipated infringement of intellectual property that comes to Your attention. You must also co-operate fully with AugmentHealth in preventing any infringements.
Both parties must keep all information in relation to AugmentHealth confidential, including all information contained in AugmentHealth (Confidential Information).
You may only use the Confidential Information for the Permitted Purpose and not copy it or any part of it
You must promptly comply with any request by AugmentHealth to return or destroy any or all copies of Confidential Information unless required by law to be retained.
Both parties must implement security practices against unauthorised copying, use and disclosure and immediately notify the other party if a party becomes aware of any unauthorised copying, use or disclosure. You must comply with any reasonable direction issued by AugmentHealth regarding a suspected or actual breach.
Both parties must not disclose any Personal Information contained in AugmentHealth to a third party and both parties must comply with the provisions of the Privacy Act in relation to any Personal Information. (Personal Information is as defined in the Privacy Act 1988)
You may terminate these Terms and Conditions at the end of the Term or at any other time by giving 30 days notice to AugmentHealth. Should you terminate during the Term, the subscription fee will not be refunded to you. Subscription fee includes Your user fee and client access fees.
Should you not renew Your subscription for AugmentHealth you will return all materials in Your possession or control to Treonic AugmentHealth.
You must not assign, encumber or otherwise deal with AugmentHealth or its rights under these Terms & Conditions, or agree or attempt to do so, without the consent of AugmentHealth.
If anything in these Terms & Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms & Conditions remain in force.
Each party has entered into these Terms and Conditions without relying on any information or advice given or statement made (whether negligently or not) by any other party or any person purporting to represent that party.
An amendment or variation to these Terms & Conditions is not effective unless it is in writing and signed by the parties.
A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
A waiver is not effective unless it is in writing.
These Terms and Conditions prevail over any invoice issued by AugmentHealth to you only to the extent of any inconsistency.