Siara Health (or “we”, “us” or “our”), use digital tools to connect you with your health care professionals providing you with information, support and reminders when you need; either before and/or after your procedure or during a health journey. We do this via our website and web enabled app at www.siarahealth.com and https://app.siarahealth.com (the “Sites”), or otherwise (collectively, the “Services”).
1. THE AGREEMENT
1.1 The following terms and conditions (“Terms of Service”) govern your access to and use of the Service, including all text, graphics, images, information or other materials available through the Services (the “Content”), and constitute a binding legal agreement between you and Siara Health Pty Ltd.
2. WE DO NOT PROVIDE MEDICAL ADVICE
2.1. The Site, Services and Content are provided for information purposes only and should not be a substitute for medical advice, diagnosis or treatment provided by your health professional. Use of the Site, Services or Content are not for medical emergencies. If you think you have a medical emergency, contact your local emergency services immediately.
2.2. We make every effort to ensure the quality of information in this Site, Services and Content and the information you receive is approved by your healthcare professionals. We cannot guarantee that information provided by us through this Site, Services or Content will meet your health or medical requirements.
2.3. The Content is designed to complement professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, surgeon, or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you receive via the Site, Services or Content. Reliance on information provided by Siara Health is solely at your own risk.
2.4. Siara Health Pty Ltd will not be responsible for any claims, losses or damages (whether direct or indirect) arising from or relating to the misuse of, or reliance on, the information contained in the Site, except to the extent that such liability cannot be excluded by law.
3.1. Siara Health Pty Ltd reserves the right, at its sole discretion, to modify or terminate the Site, Services or Content or to modify these Terms of Service, at any time and without prior notice. If we make changes we will let you know by noting on the Site that the Terms of Service have been updated.
3.2. If you disagree with the changes to these Terms of Service, you should discontinue your use of the Site. Your ongoing use of any of the Services, Content or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.
4.1. The Site, Services and the Content are protected by copyright, trademark, and other laws where applicable. Except as expressly provided in these Terms of Service, Siara Health Pty Ltd exclusively owns all right, title and interest in and to the Site and the Content, including all associated intellectual property rights
4.2. Subject to your compliance with the terms and conditions of these Terms of Service, Siara Health Pty Ltd grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or the Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Siara Health, except for the licenses and rights expressly granted in these Terms of Service.
5. YOUR CONSENT
5.1. By accepting these Terms of Service and registering for the Services you are providing us with your consent to collect your personal information (including health information) provided by you in the course of you using the Services. You are also hereby providing us with your consent to collect your personal information (including health information) from your health care professionals as part of their use of the Services.
5.3. If you choose not to accept these Terms of Service or you do not consent to Siara Health Pty Ltd collecting your personal information (including health information), we will not be able to provide you with access to the Services and you should not continue accessing the Site, Services and Content.
6.2. You acknowledge that Your Content that you enter into the Platform may be de-identified in order to create Research Data for the purpose of generating statistical data to assist research organisations or your health care professionals with clinical research.
7. YOUR RESPONSIBILITIES
7.1. When you register you are required to provide your mobile phone number, email address and password. These are your credentials for accessing Services that are only available to members (“Credentials”).
7.2. In doing so, you agree that you: (a) are not impersonating any person or entity; and (b) are not intentionally or unintentionally violating any applicable state or federal law regarding use of personal or identification information;
7.3. The Site, Services and Content are not directed to minors under 18 and are offered only to users 18 years of age or older. If you are under 18 years old, please do not use the Site, Services or Content. Any person who provides their personal information through the Site represents to us that they are 18 years of age or older.
7.4. You are responsible for all use of the Site, Services and Content using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Site, Services and Content for lawful purposes only.
7.5. You may not use the Site in any manner that could damage, disable or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site, Services or Content.
7.6. You may not attempt to gain unauthorised access to any Services, user accounts or computer systems or networks, through any means. You may not use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service.
7.7. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
8. LINKS TO OTHER SITES
8.1. Siara Health Pty Ltd may contain links to external sites. We are not responsible for the content of any third-party website and a link to another site in no way constitutes Siara Health’s endorsement of the contents therein.
9.1. The Site, Services and Content are under ongoing development. We provide the Site, Services and Content “as is”, “with all faults” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the Site, Services and Content. To the extent permitted by law, we and our suppliers make no express or implied warranty or representation in respect of the information on the Site, Services and Content, including but not limited to the completeness, currency, availability, reliability, suitability and/or accuracy of any information on the Site.
9.2. We do not guarantee that you will be able to access or use the Site, Services or Content (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by a Siara Health Pty Ltd representative shall create a warranty. You use the Site, Services and Content at your own risk.
10.1. You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, Site, Services and Content, any breach by you of this Agreement or your or anyone else’s use of the Services.
11. SITUATIONS OR EVENTS OUTSIDE OUR REASONABLE CONTROL
11.1. There are certain situations or events that may occur which will not be within our reasonable control. Where this occurs, we will notify you of these circumstances and attempt to recommence providing access to the Platform and/or the Services (as applicable) as soon as we are able. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue providing access to the Platform and/or performing the Services.
12. DISPUTE RESOLUTION
12.1. If you have a complaint about the performance of this Agreement, the Services or another user of the Platform, you will contact us at email@example.com in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.
13.1. You may not delegate your duties under these Terms of Service, or assign these Terms of Service or your Siara Health Pty Ltd accounts, in whole or in part, without Siara Health’s written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect.
13.2. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. Siara Health Pty Ltd may assign any of its rights and obligations under these Terms of Service without consent including, in connection with any merger (including by operation of law), consolidation, reorganisation, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.
13.3. These Terms of Service constitute the entire and exclusive understanding and agreement between Siara Health and you regarding the Site, Services and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Siara Health and you regarding the Site, Services and Content. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
13.4. We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Platform.
13.5. Although we do our best to provide the most up-to-date information on the Platform as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
13.6. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
13.7. A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
13.8. This Agreement is governed by, and must be construed according to, the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
For any inquries regarding these Terms, please contact us at firstname.lastname@example.org.