HeadCheck Conditions of Use
HeadCheck (the App) is a concussion education and concussion recovery support tool created using the latest clinical tools and guidelines (refer to headcheck.com.au/references for details) for use in children aged 5 – 18 years and is not intended to be used as a medical device or to diagnose, prevent, treat, mitigate, compensate or alleviate concussion. Where concussion is suspected, the App can provide information about indicators of concussion but cannot be used to rule out the possibility of concussion. If concussion is suspected, seek medical attention from a trained health care professional who can physically examine the individual and provide appropriate medical advice, diagnosis and treatment. In the case of an emergency call 000. If symptoms worsen or you have any medical concerns seek medical help.
You may only use the App content for non-commercial or personal use. All other use, copying or reproduction of the App or any part of it without our prior written approval is prohibited (except to the extent permitted by law)
To indicate that you understand and accept the limitations of the App and that you are responsible for how you choose to use or act on the information the App provides, please press “Agree”.
See www.headcheck.com.au for full Terms & Conditions.
Terms and conditions
Last updated: 12/4/18
These Terms, if agreed by you by pressing “Agree” or by accessing and/or using the App, will constitute a binding agreement between you and MCRI. You should immediately cease using the App if you do not agree to these Terms.
MCRI may, in its sole discretion, update, modify or replace all or part of these Terms at any time by posting revised Terms on and/or through the App. You are responsible for checking the About section of the App for any changes to these Terms. Your continued use of, or access to, the App following the posting of any changes to these Terms will be deemed to constitute acceptance of those changes.
In order to access and use the App, you must:
- be at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us;
- agree and warrant to use the App in accordance with these Terms;
MCRI may, but is not required to:
- provide updates, changes or amendments to the App as MCRI sees fit to ensure proper operation of the App and any general enhancements that may be introduced; and
- offer new services and features through, and in relation to, the App or the information, products or services described in it, which will be subject to these Terms.
Conditions of Access and Acceptable Use
You acknowledge and agree that the availability of the App is dependent on the third party from which you obtain the App (App Store). In addition to the Terms, each App Store may have its own terms and conditions which you agree to comply with, and your access to and use of the App is also conditional on your compliance with any such terms and conditions.
You may only use the App for non-commercial or personal use. All other use, copying or reproduction of the App or any part of it without MCRI’s prior written approval is prohibited (except to the extent permitted by law).
You must not:
- access or use the whole or any part of the App, except as expressly authorised by these Terms, or otherwise with the prior written consent of MCRI;
- remove or obscure any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the App;
- circumvent any mechanisms in the App intended to limit your use of, or access to, areas within or components of the App;
- vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, the whole or any part of the App, except as permitted by Law;
- solicit the login information or access an account belonging to another user;
- facilitate or encourage any violations of these Terms; or
- use any data mining, gathering or extraction tools in connection with the App or Services, without MCRI’s prior written consent.
You must not access or use the App, or provide or transmit any data or content, in any way that:
- violates or infringes the rights (including, without limitation, any intellectual property rights) of MCRI, AFL or third parties;
- is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another’s privacy or constitutes a breach of any other of the legal rights of individuals;
- includes personal or identifying information about another person without that person’s consent;
- is false, misleading, or deceptive;
- violates these Terms
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or other property, or otherwise permit the unauthorised use of or access to a computer or computer network;
- is detrimental to, or in violation of, MCRI’s or a third party’s systems or network security;
- interferes with the use of the App by other users; or
- could damage, disable or impair the servers or networks used by the App or other users.
MCRI may, at any time without prior notice, restrict, block, suspend, deactivate, disable access, edit and/or remove all or part of the App, including any material which in MCRI’s reasonable opinion may give rise to a breach, or be in violation of these Terms or any law, or which MCRI considers in its absolute discretion might be otherwise harmful.
If MCRI restricts, blocks, suspends, deactivates or disables your account as a result of your violation of these Terms or any law, you must not create another account without MCRI’s permission.
HeadCheck Does Not Provide Medical Advice
HeadCheck (the App) is an information and concussion recovery support tool for use in children aged 5 – 18 years and is not intended to be used as a medical device or to diagnose, prevent, treat, mitigate, compensate or alleviate concussion. Where concussion is suspected, the App can provide information about indicators of concussion but cannot be used to rule out the possibility of concussion.
If concussion is suspected, seek medical attention from a trained health care professional who can physically examine the individual and provide appropriate medical advice, diagnosis and treatment. In the case of an emergency call 000.
If your child has been diagnosed with concussion by a trained healthcare professional, the App can provide additional information, track concussion symptoms and provide recommended tasks based on the symptom and severity rating. If symptoms worsen or you have any medical concerns seek medical help.
Ownership and Access to the App
MCRI and the AFL own all rights, title and interest in and to the App and the Content, and all intellectual property rights contained therein, including, without limitation, all software code and algorithms underlying the operation of the App, and all trademarks and copyrighted materials contained in the App. Subject to your compliance with, and during the term of, this Agreement, MCRI grants you a non-exclusive, personal, non-transferable, non-sub-licensable limited licence to access and use the App for your own non-commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licences or rights, whether by implication, estoppel, or otherwise, in or to the App or any intellectual property rights therein or related thereto.
Liability of MCRI and the AFL
The use of the App, and the Content is at your own risk. When using the App, information will be transmitted over a medium that is beyond the control of MCRI and the AFL. Accordingly, to the extent permitted by law including the Australian consumer law, MCRI and the AFL assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App.
The App and the Content are provided on an “as is” basis. MCRI AND THE AFL, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, DISCLAIM ALL WARRANTIES. Without limiting the foregoing, and to the extent permitted by law including the Australian consumer law, MCRI and the AFL make no representations or warranties about the accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the App.
In no event shall MCRI and/or the AFL be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MCRI or AFL is advised of the possibility of such damages. MCRI and the AFL shall be liable only to the extent of actual damages incurred by you, but such amount shall not exceed AUD $1,000.00 total. MCRI and the AFL are not liable for any personal injury, including death, caused by your use or misuse of the App or Content.
Searches and Links to Other Sites
The App may provide links to or reference third-party websites. MCRI and the AFL have no control over and are not responsible for the content of linked third-party websites, websites framed within the App or third-party websites provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
You agree to defend, indemnify, and hold MCRI and the AFL, and each of its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or in connection with your breach of these Terms.
MCRI and AFL are based in Australia with principal offices in Melbourne, Victoria. If you access the App from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We may terminate these Terms at any time by providing reasonable written notice to you, for any reason whatsoever, including without limitation if you breach the Terms.
You can terminate these Terms at any time by ceasing your use of the App and deleting the App. MCRI reserves the right to delete or deactivate your account and all data provided by you or about you following termination.
You expressly agree that exclusive jurisdiction for any dispute with MCRI and/or the AFL, or in any way relating to your use of the App, resides in the courts of Victoria, Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Victoria, Australia in connection with any such dispute including any claim involving MCRI or the AFL or any of its respective affiliates, subsidiaries, employees, contractors, officers, directors and telecommunication providers.
These Terms are governed by the laws of Victoria, Australia, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. In lieu of the invalid or unenforceable provision, the parties will substitute or add as part of this Agreement a valid and enforceable provision that will be as similar as possible in economic and business objectives as was intended by the invalid or unenforceable provision. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from the App by contacting MCRI and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorised version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorised representative.
MCRI’s agent for copyright issues relating to this App is as follows:
Murdoch Children’s Research Institute
The Royal Children’s Hospital, Flemington Rd
Parkville, VIC, Australia 3052
Attention: MCRI Legal
P: +61 (3) 8341 6200