Terms & Conditions

Our Care Journal Pty Ltd ABN 86 620 993 580

Last updated: 9 October, 2018

Welcome to Our Care Journal, a mobile app and website designed to help manage your care or the care of your family, parents, children, and other people you are caring for. Please read these Terms and Conditions of Use (“Terms”) carefully before using Our Care Journal mobile application (“the App”) or accessing Our Care Journal website (‘the Website’) operated by Our Care Journal Pty Ltd ABN 86 620 993 580 ( “OCJ”, “us”, “we”, or “our”).

The App and the Website provide a way for you to take control and manage health information. We also refer to the Services. In the context of these Terms and Condition. The “Services” means the functionality which is enabled by the App and the Website.

Your use of the App and the Website is conditional on your acceptance of, and compliance with these Terms. These Terms apply to all trial users and paid for users and any others who access or use the Our Care Journal App and Website.

You warrant that you are at least 18 years of age and you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

When downloading or using the App, you will be asked to agree to be bound by these Terms. If you disagree with any part of the Terms you will not be able to use Our Care Journal app.

By using the App you are accepting the practices described in these Terms. These practices may be changed and you will be notified of any changes. Changes will only apply to activities and information from the date that the changes are made, and not a retrospective basis. You are encouraged to review the Privacy Policy in the settings section of the App and on the Website regularly to make sure that you understand how any personal information you provide will be used and stored.

Terminology

Member – The person who registers an account with OCJ so they can use the App, the Website and the Services.

Carer – A member who acts as carer for another individual (the Caree) and records detail about the Caree in the App.
A Caree may have more than one Carer. A Carer may have more than one Caree. A Carer may be caring for themselves (the Caree).
Only a Carer who is a Member is able to use the App.

Caree – The individual (who may, or may not, be a Member) who is cared for by a Carer

Disclaimer about Health Information

The information and reference materials contained within the App and the Website are intended solely for the general information. Any or all information and reference materials in the App or the Website or associated with the App or the Website are not to be used for treatment purposes, but rather for discussion with medical professionals or health care providers with the subject’s consent; or if consent has not been explicitly obtained, then only if sharing is for a directly related purpose that the subject would reasonably expect.

The information presented or referenced in the App or the Website is not intended to be used to diagnose health problems or to replace the need to seek advice from a qualified health professional. The information contained in the App or the Website is not intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgement of a qualified health professional for any given health issue.

Informational content or suggestions contained in the App or the Website do not necessarily represent the opinions of Our Care Journal Pty Ltd.

Profiles

When you register with us for access to the Our Care Journal App and successfully complete the account registration process you will become a Member of the Our Care Journal App. As a Member, you will have the opportunity to create one or more care profiles (Profiles) and to add information, data, and images to your Profile(s) (Profile Content). A Profile may relate to you or it may relate to your child, parent, or other person you are caring for (the Caree). A Profile may contain relevant information (including personal and sensitive health information) about the Caree. The information in that Profile may be collected, stored, used and shared with authorised third parties as part of the Services (but in all cases, only with your agreement).

You will be required to provide acknowledgement of consent from the Caree, to create the Caree’s Profile. As a Member, you will have the opportunity to invite third-party caregivers (Carer) to access the Profiles that you create. If you elect to invite a Carer to access your Profile(s), that Carer will receive an invitation to register with Our Care Journal App and will need to complete the account registration process to become a Member. You may choose the level of access permitted to the Carer.

Because of the sensitive and private nature of your health care and the health care of those Carees on whose behalf you may be creating a Profile, we recommend that you protect the private and sensitive information contained within your Profile(s) and consider carefully whether to permit any Carer to access your Profiles. All Members are responsible for monitoring the Profile Content uploaded or added to a Caree’s Profile, whether uploaded by the Member, by a Carer, or by other third parties.

If you are creating a Profile on behalf of another person (the Caree), by accepting these terms you attest that you are authorized by that Caree to create a Profile on their behalf. To the extent you take action on behalf of the Caree, you also attest that you have valid legal authority to take that action on behalf of that Caree. You may need to obtain the consent of the Caree. Please refer to our Consent Guidelines for more information.

Please note that you, and not Our Care Journal, are responsible for maintaining and protecting all Profile Content. Our Care Journal will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content.

Collection of Information

The App may collect personally identifiable information which is voluntarily entered into the App during use including but not limited to names, age range, personal thoughts, photos and email addresses. This information is only used to enable the Services, unless you give us permission to use it in another manner.

Analytics

Google Analytics is a web and app analysis service provided by Google Inc. (Google). Google utilises the data collected to track and examine the use of this App and Website, and to prepare reports on its activities. Google may use the data collected to contextualize and personalize the ads of its own advertising network. For more information on how Google uses data, please go to this link – https://policies.google.com/technologies/partner-sites.

Analytic services enable Our Care Journal to monitor and analyse website traffic and can be used to inform us of user behaviour. Our App and Website use third party services such as Google Anaytics to collect, monitor and analyse this type of information in order to increase our App and Website functionality. This information is only ever used to improve the functionality of our App and Website.

Commitment to Data Security

Information provided while using the App and the Website will be stored on our secure servers. Only authorised employees, licensees, and contractors who have formally agreed to keep information secure and confidential have access to this information. This information is encrypted to preserve anonymity.

Our Care Journal Pty Ltd does not represent or warrant that your personal information could not inadvertently become available to third parties. The uploading, emailing, or otherwise making available any information contained in Our Care Journal to a third party is the sole responsibility of the Member and all efforts to inform Members about consent and use are taken. Please refer to the Privacy Policy for further information.

By using this app, you hereby acknowledge that you understand and accept the risk that any information you enter in to the App may become available to third parties and that you indemnify and hold harmless Our Care Journal Pty Ltd and our partners from any claim or demand related to that risk.

By submitting or including content in Our Care Journal you grant Our Care Journal Pty Ltd and our partners, and any company substantially under the control of Our Care Journal Pty Ltd, the right to remove any content or comment that, in the Application provider’s sole judgement, does not comply with the terms and conditions of this agreement or is otherwise objectionable.

Content

Subject to your compliance with the terms and conditions of these Terms, Our Care Journal grants you a limited, non-exclusive, non-transferable license to view, download, and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, download, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, or the App content except as expressly permitted in these Terms. Any misuse of the App or the Website content may be pursued by Our Care Journal to the fullest extent permitted by law.

Profile Content: Profile Content consists of the information which is entered into a Profile about a Caree, which a Carer deems relevant to management of the personal health care of the Car-ee. If you are invited as a Carer to receive access to one or more Profile(s) by another Member(s) subject to your compliance with the terms and conditions of these Terms, Our Care Journal grants you a limited, non-exclusive, non-transferable license to access and use the Profile Content to which you are granted access by another Member but limited to the access level which has been granted to you. You have no right to sublicense or otherwise share the Profile Content with an unauthorised third party. Unless otherwise agreed between you and the Member granting you access to such Profile Content, all Profile Content is deemed to be confidential and you may not publicly disclose, display, distribute, transmit, stream, broadcast or otherwise use or exploit any Profile Content for any purpose other than the lawful provision and assistance of the management of the personal health care of the Caree.

Third-party content:The Website and the App may contain links to third-party websites or resources. You acknowledge and agree that Our Care Journal is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Our Care Journal of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Additional Terms

Certain areas of the Website (and your access to or use of certain aspects of the App and Website) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions in order to obtain access to or use of that Website area or the App. Any additional terms will be made available to you at the time you access that applicable area or service. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website or the App, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website or the App, as applicable.

Disclaimer about Liability

The Member assumes all responsibility and risk for the use of Our Care Journal application. Under no circumstances shall Our Care Journal Pty Ltd or our partners, contributors or employees, or anyone else involved in creating or maintaining Our Care Journal application be liable for any direct, indirect, incidental, special or consequential damages, or lost profits that result directly or indirectly to the Member or a Caree from the use or inability to use the Services and/or any other websites which are linked to site, or that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications, failure, theft, destruction or unauthorised uses.  Informational content or suggestions contained in Our Care Journal and any associated websites or social media pages do not necessarily represent the opinions of Our Care Journal Pty Ltd.

Copyright

All content such as, but not limited to, text, images, code, and models contained in Our Care Journal software and/or the associated websites and/or the associated social media pages are property of Our Care Journal Pty Ltd. Copyright is owned by Our Care Journal Pty Ltd. No duplication or reproduction of content is permitted without express written permission from Our Care Journal Pty Ltd. Any rights not expressly granted herein are reserved.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the App and the Website. You may submit feedback by emailing us at info@ourcarejournal.com. You acknowledge and agree that if you submit any feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose without any compensation to you of any kind.

Privacy

See our Privacy Policy for information and notices concerning our collection and use of your personal information and the Profile Content you submit.

Disclaimer of Warranties

Our Care Journal Pty Ltd does not warrant that the application software is error free, nor does Our Care Journal Pty Ltd make any warranty as to the results to be obtained from use of the App or content. The App and content are distributed on as “as is” basis. Our Care Journal Pty Ltd and their respective agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties or merchantability or fitness for a particular purpose, with respect to the App or content.

Our Care Journal Pty Ltd does not warrant that any of the files available for downloading through the Apple Store or Google App Store will be free of viruses or similar contamination or destructive features.  By downloading and/or using the App, you expressly agree that the entire risk as to the quality and performance of the products and the accuracy or completeness of the content is assumed solely by you the Member. Our Care Journal Pty Ltd shall not be liable for any direct, indirect, incidental, special or consequential damages to you or your child(ren) arising out of the use of or inability to use the Application, even if such party has been advised of the possibility of such damages.