CardihabCardihab

Clinician End User Licence Agreement

1) Terms of Use

The Cardihab Pty Ltd ("we", "us") enterprise branded or SmartCR App helps participants ("Participants") complete convenient, engaging and scientifically-validated cardiovascular rehabilitation programs and/or cardiac care programs under the supervision of a health care provider ("you"). The Clinician Portal works with the Participant App ("App") and the Cardihab website (all three collectively comprise our "Services") so that your Participant can complete, and you can deliver, care programs.

"Customer" means the Cardihab customer via whom you have been granted access to the Clinician Portal (usually your employer or principal), under the customer agreement entered into between those parties ("Customer Agreement").

You must accept this Clinician End User Licence Agreement ("Clinician EULA") in order to use our Services. You can read this Clinician EULA again when you have logged into the Clinician Portal by selecting the Information ("I") symbol > About Us > Terms and Conditions.

To accept this Clinician EULA, touch the "Accept" button at the bottom of the screen. If you have questions regarding this Clinician EULA please email info@cardihab.com

2) Warnings

  • The Cardihab Services:
    • will not send alerts to your Participants or any other medical or emergency service regarding any data you have entered;
    • cannot be used in a medical emergency.
  • Use of the Services does not replace your good clinical judgment and common sense.

3) Privacy Policy and Personal Information Consent

  • By accepting this Clinician EULA you are also accepting that: our full Privacy Policy (available at: https://cardihab.com/privacy/) has been made available to you;
  • your personal information will be collected, processed, used and disclosed in accordance with our Privacy Policy.

a) Protecting Your Privacy

  • We protect your and your Participants' privacy by:
  • Collecting only the information that is reasonably necessary for you to provide your Participants with cardiovascular rehabilitation and/or clinical care programs;
  • Limiting access to information to those who "need to know" (e.g. authorised Cardihab staff if needed for technical support);
  • Using encryption and other computer security practices while we are responsible for the storage of your information;
  • Archiving your personal information in a secure manner when it is no longer required by our Customer, subject to our data retention obligations prescribed by law;
  • Using only de-identified data for product and services improvement, marketing, research and development.

b) Further Information about Privacy

  • For further information about privacy please read our full Privacy Policy or contact our Privacy Officer (privacy@cardihab.com or PO Box 1319 Fortitude Valley, Queensland 4006, Australia).

4) Use of the Cardihab Services

  • You must be an officer, employee or contractor engaged by Customer, and qualified to provide services of a clinical nature to a Participant (or a person providing administrative assistance to any such person), to access or use the Clinician Portal as authorised by your organisation.
  • You must only connect to the Cardihab Services using our Clinician Portal on a supported digital device and have Internet access from that device during the program to use the Services effectively.
  • You must protect your account with a strong password and maintain the security of your password while using our Services. You must notify Cardihab immediately if you become aware that your account details have been lost, shared, compromised or misappropriated.
  • You acknowledge and accept that the Clinician Portal does not replace the need for your clinical management and professional advice, and Cardihab does not provide medical advice through the Services. The Clinician Portal is intended to support your practice in accordance with Customer's guidelines – but is not a substitute for your clinical judgment.
  • You warrant that all information you provide to Cardihab whether directly or through the Clinician Portal is true, accurate and complete.
  • In respect of Participants' personal and health information, you must:
  • only disclose it to Cardihab in circumstances where you have the Participant's express consent to do so;
  • only collect, use or process as required to provide the Participant's care plan via the Services, with the Participant's express consent;
  • comply with the Privacy Act at all times.
  • You must comply with:
  • any applicable laws, standards or regulations in respect of your access to or use of the Services;
  • all reasonable directions given by Cardihab as to the use of any access codes, passwords or other security measures implemented by Cardihab to protect the integrity of the Services.

5) Prohibited Activities

  • You must not:
  • share, transfer or sell account details with others;
  • allow any unauthorised access to, or use of, the Services, including but not limited to access by any of your patients or other individuals who are not Participants and have not been granted access by our Customer (and you must notify Cardihab immediately upon becoming aware of any unauthorised access or use);
  • take any screenshots, print out or otherwise share Cardihab's copyright material with your patients or individuals who are not Participants without Cardihab's prior written consent;
  • engage in any form of data extraction or data mining in relation to the Services;
  • alter any data that is stored on the Services, other than through the normal intended use of the Services;
  • use the Services in any way that may impair the availability or accessibility to the Services;
  • attempt to override any security or protective measures embedded in the Clinician Portal to protect the integrity of the Services or to secure Cardihab's proprietary rights in connection with the Services;
  • engage in any illegal, unlawful, fraudulent, defamatory, harmful or inappropriate activity in connection with the Services;
  • use the Services in a way that infringes any third party's Intellectual Property Rights or other rights;
  • sell, resell, license, sublicense, distribute, make available, rent or lease the Services;
  • reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code in connection with the Services;
  • make any modification to the Services;
  • merge or integrate all or any part of the Services with any other software.

6) Intellectual Property Rights

  • All Intellectual Property Rights in our Services and all New IP belongs to, vests in, and (to the extent required) will be assigned automatically on creation to, Cardihab.
  • As long as you comply with this Clinician EULA, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Clinician Portal and the Services solely as permitted by this Clinician EULA.
  • We have the right to investigate violations of this Clinician EULA and any conduct that affects the Cardihab Services, and in response may take any action we may deem appropriate.
  • In this Clinician EULA:
  • Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trademarks, know-how, confidential information, patents, inventions, plant breeder's rights and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
  • New IP means any and all Intellectual Property Rights created in the course of, or connection with, this Clinician EULA, the provision of the Clinician Portal or performance of the Services.

7) Changes to the Cardihab Services and this Clinician EULA

  • We may change or discontinue, temporarily or permanently, any feature or component of the Services any time, provided such change does not have a material adverse impact on the Services. If you do not agree to the changes, you may terminate your account in line with the terms of the Customer Agreement. If you do not update your browser to the latest available version, we cannot guarantee that our Service will be provided as intended.
  • Cardihab reserves the right to make changes to this Clinician EULA from time to time, and will make you aware of those changes via email and/or prominent notice in the Clinician Portal. After the date that notice is published, your continued use of or access to the Services constitutes your acceptance of the amended Clinician EULA.

8) Termination

  • If you breach this Clinician EULA, Cardihab may (temporarily or permanently) suspend, cancel or edit details of your account, or any content on or posted via your account, in its reasonable discretion without notice.
  • Your account will remain active on our Service from your registration until either:
  • the Customer Agreement ends;
  • your role within Customer changes in which you no longer need to access participant information or provide care;
  • you no longer work for Customer;
  • you ask us to terminate your account;
  • we deem on reasonable grounds that your account is no longer being used;
  • your subscription term expires as outlined within our Customer Agreement;
  • for any reason, Cardihab ceases to operate the Services.
  • Cardihab complies with legal requirements to retain your medical records in line with state and territory legislation. However, Cardihab has no contractual obligation to you, to backup or otherwise retain data on the Clinician Portal relating to your account and your interactions with Cardihab or other parties via the Clinician Portal after termination or cancellation under this clause 8).

    • 9) Other Terms

    a) Limitation of liability

    • You acknowledge and agree that your ability and entitlement to access the Services is subject to:
    • your compliance with your obligations under this Clinician EULA;
    • your third party hardware and software (including browser of choice) meeting the minimum operating requirements for the Clinician Portal, as may be detailed on the Clinician Portal or other documentation and updated from time to time.
  • You acknowledge and agree that Cardihab is not responsible for your acts or omissions, our Customer, or any third parties.
  • Cardihab is not responsible for any virus, malware, trojan or similar malicious software program or code infecting your software or hardware as a result of interactions with third parties, or consultation or use of third party data or software, on the Portal or in connection with its use, caused or contributed to by your acts or omissions, or the acts or omissions of our Customer or any Participants.
  • To the fullest extent permitted by law, and subject to the Customer Agreement:
  • Cardihab is not responsible for any loss of data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damages;
  • Cardihab excludes all warranties and representations (express and implied) unless otherwise stated to the contrary in this Clinician EULA or implied into it by law (including the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
  • To the fullest extent permitted by law, in no event will Cardihab's total aggregate liability (whether in contract, tort (including negligence), or statute) in connection with this Clinician EULA exceed AUD$100.

    • b) Availability and support

    • If you have any questions or need technical support in relation to the App, please contact Cardihab's customers support team via email at support@cardihab.com. Do not create or share (or procure anyone else to create or share) unauthorised materials in relation to the Cardihab Services.

    c) Miscellaneous

    • This Clinician EULA is governed by and construed in accordance with the laws of Queensland, Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.
    • Any dispute arising under or in connection with the Services, the interpretation of this Clinician EULA, or the rights of any party under this Clinician EULA will be negotiated between the parties in good faith, in the first instance. If parties cannot resolve the dispute within seven days of an initial negotiation meeting, the dispute must be submitted to mediation in accordance with, and subject to, Resolution Institute Mediation Rules. This clause does not prevent either party from seeking urgent injunctive or similar interim relief from a Court.
    • Each party must not assign or subcontract its rights under this Clinician EULA without the prior written consent of the other party.
    • If any provision of this Clinician EULA is prohibited, void or unenforceable under any applicable law, it will be severed to the extent necessary to make this Clinician EULA valid and enforceable. The severance of a term will not affect the validity or enforceability of the remaining terms of this Clinician EULA.

    10. EULA Version Details

    • Document Version: 4.0
    • Date of last review: 29th April 2025
    • Date Published: 29th April 2025

    11. How to Contact Us