APP TERMS OF USE

This application (App), which includes any content and updates to it, is developed by Neuroscience Research Australia (ABN 94 050 110 346) (NeuRA).

By using this App, you agree to be bound by these terms. NeuRA may amend these terms from time to time by making the amended terms available through the App. If you do not agree to these terms (or any amended terms), you must immediately cease using the App.

If you have any questions about the App or these terms of use, you should contact NeuRA at <apps@neura.edu.au>.

 

1. Licence
 

Subject to your compliance with these terms, NeuRA grants to you a personal, non-exclusive, non-transferrable licence to use the App in accordance with these terms.
2. Acceptable use
2.1.

You must:

(a) only use this App:

(i) if you have been provided with a code or are authorised by NeuRA to use this App; and

(ii) for the relevant trial that you and the trial organiser has agreed for you to participate in;

(b) ensure that any information you provide in the App is, to the best of your knowledge, accurate and complete; and

(c) ensure you have obtained all necessary consents and approvals required for any information you provide in the App, including in relation to NeuRA’s rights to use such information according to these terms.
2.2.

You must not:

(a) use the App to harass any person; cause damage or injury to any person or property; publish any material that is false, misleading, defamatory, harassing or obscene; send unsolicited electronic messages;

(b) access, use or otherwise do anything with the App in violation of any laws or for any unlawful purposes, or in a manner which infringes the rights (including privacy and intellectual property rights) of anyone, or restricts the use of the App by any other user;

(c) create a false identity, impersonate another person or entity, or otherwise misrepresent yourself, or create user accounts or submit information by automated means or under false or fraudulent pretenses;

(d) use any device, software, or routine to interfere or attempt to interfere with the proper working of the App, or any activity conducted on the App;

(e) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the App;

(f) incorporate by any means any of the App content into another application, website or service unless expressly authorised by NeuRA to do so in writing;

(g) collect or harvest any information or data from the App or attempt to decipher any transmissions to or from the servers running the App, unless expressly authorised by NeuRA to do so;

(h) copy (except to the extent necessary to run the App), decompile, reverse engineer, disassemble or translate the App;

(i) access the App in order to build a similar or competitive product or service; or

(j) use the App for any commercial, business or resale purposes.
2.3.

If you, or anyone using your account or identifying information, fails to comply with these App terms, NeuRA may without further notice to you:

(a) suspend or block your access to the App (or any part of it);

(b) contact the relevant authorities to investigate the non-compliance where NeuRA believes it is appropriate to do so; and/or

(c) terminate your access to the App.
2.4.  NeuRA may suspend or block your access to the App from time to time. The reasons for NeuRA doing so may include: to perform scheduled maintenance on the App or components required to run the App; as a result of a request made by law enforcement or other government or regulatory authorities; or due to technical difficulties.
3. Security
3.1. You are responsible for ensuring that your username and password for the App is kept securely and not made available to anyone else to use the App.  
3.2. You are liable for any activities performed in relation the App using your username or password, regardless of whether or not you authorised that person or device to use your username or password. 
3.3. You must promptly notify NeuRA if you become aware of any unauthorised use of your username and password for the App. 
4. Personal information and User Data 
4.1. Any personal information collected, stored or used in connection with the App will be dealt with in accordance with NeuRA’s privacy policy, which may be accessed at: http://www.neura.edu.au/privacy-policy. 
4.2.

Any data submitted by you through the App, including personal information and any data generated,(User Data) is subject to:

(a) if the trial that the App is being used for is organised by NeuRA: the terms you agreed with NeuRA for participation in the trial; or

(b) if the trial that the App is being used for is organised by another organisation: the terms you agreed with that other organisation for participation in the trial, and that organisation’s privacy policy (in respect of your personal information).
4.3.

You are solely responsible for all User Data that you upload to or download from the App. NeuRA is not:

(a) responsible for any loss, damage or deletion of User Data; and

(b) obligated to maintain a record or backup of User Data.
5. Intellectual property rights 
5.1. All intellectual property rights in the App are owned by NeuRA. Except for the licence granted to you under clause 1, NeuRA reserves all rights in the App. 
5.2. Intellectual property rights in relation to the results and information obtained from your use of the App, and any derivative works arising from such results and information, will be owned by NeuRA. 
5.3. The terms in this clause 5 survive termination of your licence and use of the App. 
6. Exercise own care and judgment 
6.1. NeuRA does not charge you for using the App. The App is provided “as is” and for information purposes only.
6.2. The App is general in nature and does not consider individual circumstances. Use of the App is not to be taken as a substitute for seeking appropriate medical care and advice. 
6.3. NeuRA does not provide any warranty or guarantee (express or implied) as to the accuracy, performance, completeness or suitability of the App, or that access to the App will be uninterrupted, error-free or that errors will be able to be fixed. 
6.4. You must exercise their own skill and care and make your own assessment with respect to the accuracy, performance, completeness or suitability of the App. You should not act or rely upon any of the information or results from the App without seeking appropriate medical advice. 
7. Liability 
7.1.

Subject to clause 7.3 below:

(a) NeuRA’s maximum aggregate liability, in connection with the App, to you whether in contract, tort (including negligence) or under statute is limited to AUD50; and

(b) NeuRA’s liability will not include any indirect, incidental, special or consequential damages, loss of revenue, profits, anticipated profits, savings, corruption or loss of data, failure to transmit or receive any data, even where the such damages or losses were foreseeable.
7.2. Nothing in these terms should be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied or mandated by law (including the Australian Consumer Law) and which by law cannot be excluded, restricted or modified. 
7.3. NeuRA’s liability for breach of any condition, warranty, guarantee, right or remedy implied or mandated by law (including the Australian Consumer Law) and which by law cannot be excluded, restricted or modified, is limited, at its option, to the re-supply of the services, or the cost of re-supplying the services.
8. Termination 
8.1. You or NeuRA may terminate your licence to use the App for any reason at any time. 
8.2. Your rights under these terms (including your licence) to use the App are terminated immediately if you breach any of these terms.  
8.3. You acknowledge that termination of your licence to use the App may affect your ability to participate in the relevant trial.
8.4.

On termination of your rights, including licence to use the App, you must immediately:

(a) stop using the App; and

(b) permanently delete the App from any storage medium on which it is stored, including any device.
9. General
9.1. These terms and your use of the App are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
9.2. These terms, and any terms expressly specified by these terms as being incorporated by reference, are the complete and exclusive statement of the agreement between NeuRA and you.
9.3. NeuRA may assign all or any of its rights or obligations without your consent. You must not assign any of your rights or obligation under these terms.
9.4. If a party has a right arising from another party’s failure, the delay in exercising that right does not waive any rights.
9.5. If any term is illegal or unenforceable, it is to be severed and will not affect the continued operation of the other terms.
9.6. A reference to any term or a document includes any variation or replacement of it;
9.7. The words include, including, for example or such as when introducing an example, do not limit the meaning of the words to the example or examples of a similar kind.
9.8. A term must not be construed to the disadvantage of a party merely because it was responsible for drafting it.