Terms & Conditions | Diabetes Emergency App

These Terms of Use apply to the use of this App. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. By using this App and our services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, you are not permitted to use this App or related services.

DEFINITIONS

“App” means the Diabetes Emergency App software application for mobile phones and tablet computers.

“Advertiser” means an advertiser who has been accepted to place an advertisement or listing on or through the App.

“Content” means anything an end user, subscriber or Advertiser submits to be included on the App, including all material, links, words and images.

“We”, “our” and “us” means Diabetes Emergency App and any owners of the business.

“You” means each of the end user, subscriber or Advertiser (as relevant).

SUBSCRIPTIONS

Please note that the subscription fee is a once-only payment of $1.49 (per device). You are not required to pay an ongoing subscription fee. You must register and pay your subscription fee in advance in order to access our App services. The fee may be automatically renewed unless you or we cancel the subscription in accordance with the below Cancellation terms or you change the in-App settings to prevent and stop the auto-renew function.

SUBSCRIPTION CANCELLATION

You are solely responsible for canceling your subscription. You may cancel through the App or by notifying us at our contact details provided. Any other type of cancellation will not be considered. If you cancel your subscription during a billing cycle, you must do so at least 7 days prior to the next payment becoming due so that you will not be charged the subsequent fee. On cancellation of your subscription, all of your content, material and links will be deleted.

SUBSCRIPTION TERMINATION

We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App, with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are not required to provide any refund or part thereof to you for such termination of your subscription.

SUBSCRIPTION REFUNDS

There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

ADVERTISERS

All Advertisers agree to pay the listing fee in order to advertise your business on our App. By submitting any Content to the App, you represent that you have the ownership rights and title to this information and material and have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third party rights. You also agree to ensure that your registration details and Content are accurate and up-to-date.

ADVERTISER AGREEMENT

To be eligible to advertise on our App, you warrant that: the information you post or advertise on the App is genuine, true and accurate; you will keep your information updated; any Content you include on your advertisement, links or website complies with applicable laws, codes and regulations, including all consumer law requirements; all material you link to from our App is accurate, reliable, up-to-date, lawful and not misleading; and you will at all times abide by the Australian Consumer Law (ACL) requirements, including but not limited to the re-supply or refund of any goods or services you supply or provide which fall short of ACL minimum requirements.

You acknowledge and agree that: we are a facilitator only for the purposes of permitting businesses to post their advertisement on our App but do not guarantee any bookings, business, increase in traffic or otherwise; by using our App, you authorize us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the App; and any liability to you will not exceed the amount actually paid by you to us in the preceding six (6) month period.

In addition, you agree to fully indemnify us for any third party breach which may result from your use, misuse or Content you post or link to on the App. We are not responsible for your Content nor for your breach of any third party rights. We are also not responsible for any claim of any third party which may be a result of your links, material or Content on your website, business or otherwise. You agree you will indemnify us and, where possible, take over and manage any claim which may result from your Content, action or inaction or in any other related manner.

No agency, partnership, joint venture or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever.

Unless otherwise specified, the App and associated services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the App, which are not your own intellectual property.

ADVERTISER TERMINATION

We have the right to terminate your advertisement for any reason, at any time. We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms of Use.

If we have reasonable grounds to suspect you have breached our Terms of Use, if your content is offensive, illegal or for any other reason including if, in our opinion, you have breached our Terms of Use, the use of our App or compromised its use for others, we have the right, in our sole discretion, to immediately withdraw your information, remove your Content and terminate your account without notice. We may also deny the use of our App and services to you in the future and are not obligated to return any advertisement monies.

We shall not, in any case, be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

ADVERTISER REFUNDS

GENERAL

By using this App, you authorize us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar, in any form of media or technology for any purpose related to the App.

You agree and acknowledge that the App, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the App.

You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.

MODIFICATION OR TERMINATION OF APP

We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.

From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions and at such time you may choose to accept or not.

LIABILITY

Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis.

By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software and/or information. In addition, we are not liable for any loss, damage, treatment or outcome arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems. You also agree that we are not liable for any loss, damage, treatment or outcome arising from the following, but not limited to: volume, availability of location services, incorrect information, internet service connection, Wi-Fi, battery power, device surge, inaccurate data, administration of treatment, an incoming call including from a nominated emergency contact compatibility of the App to the device and user error.

In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.

All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.

You are solely responsible for obtaining permission before reusing any copyrighted material that is available on our site and App. Any unauthorized use of the materials appearing on our site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

GOVERNING LAW

These Terms of Use are governed by the laws of NSW which are in force from time to time and both you and we agree to submit to the jurisdiction of the Courts of NSW for determining any dispute concerning these Terms of Use.

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