Terms of Service

1 Purpose

The Cardihab Pty Ltd (“Cardihab”, “we”, “us”) is a digital health company that exists to help patients reach optimal health when at risk of, or living with, heart disease. Our app helps patients complete convenient, engaging and scientifically-validated cardiac rehabilitation programs under the supervision of their health care provider(s) (“HCP”). Our app, software platform and web sites (our “Services”) work together so that a patient can complete and a HCP can deliver a convenient, engaging and scientifically-validated cardiac rehabilitation program.

You must accept these Terms of Service (“Terms”) in order to use our Services.

2 Read our Privacy Policy

Please read our Privacy Policy. By using our Services, you agree that we can process your information in accordance with that Privacy Policy.

3 Creating an Account

Patient and HCP use of the Services requires that you create an account by providing us with personal information such as your full name, date of birth, mobile phone number, HCP Site name and a strong password. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact support@cardihab.com if you discover or suspect any security breach related to the Service or your account.

4 Access to Cardihab Services

You must be 18 years or older to access or use the Cardihab Services. Patients can only access our Services using our app on a supported mobile device. We recommend continuous internet access from that device to our Services for the best possible experience. HCPs and business contacts can only access our Services using our web sites.

Full use of the Cardihab Service is dependent upon your use of a computer with adequate software (HCPs and business contacts) or a supported mobile device (patients) and Internet access. The maintenance and security of this equipment may influence the performance of the Cardihab Service and it is your responsibility to ensure the equipment’s functionality.

5 Intellectual Property Rights

All intellectual property rights in Cardihab’s Services, including design, text, graphics, video, logos, icons, sound recordings and all software belong to or are licensed by us. We reserve all rights not expressly set forth in these Terms. Our rights are protected by Australian and international laws. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Cardihab Services. Our logos and any other trademarks that may appear on the Cardihab Service, and the overall look and feel of the Cardihab Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Cardihab Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

6 License to and Use of the Cardihab Services

Cardihab grants patients a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Cardihab Services for the purpose of completing a cardiac rehabilitation program under the supervision of their HCP.

Cardihab grants HCPs a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Cardihab Services for the purpose of delivering a cardiac rehabilitation program to a patient.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Cardihab Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cardihab or its licensors, except for the licenses and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Cardihab Service: (1) use, display, mirror, or frame the Cardihab Service or any individual element within the Cardihab Service, including the layout and design of any page, without Cardihab’s express written consent; (2) use Cardihab’s name, any Cardihab trademark or logo, or any Cardihab proprietary information without Cardihab’s express written consent; (3) access or tamper with non-public areas of the Cardihab Service, Cardihab’s computer systems, or the technical delivery systems of Cardihab’s providers; (4) test the vulnerability of any Cardihab system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Cardihab or any of Cardihab’s providers or any other third party (including another user) to protect the Cardihab Service; (6) access the Cardihab Service through the use of any mechanism other than through the use of an the app or portal; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Cardihab provides to you or any other part of the Cardihab Service.

7 Warnings

Use of the Services should not replace your good judgment and common sense – whether you are a patient or a HCP.

If you are a patient, follow the guidance of your HCP at all times. Learn the heart attack warning signs and always follow the Heart Foundation’s Chest Pain Action Plan. Use the weekly review calls to tell your HCP if you are unwell or unsure about your cardiac rehabilitation program.

If you are a HCP, use your organisation’s protocols and your clinical judgement to assess patient eligibility for the Cardihab model of care and when designing and delivering cardiac rehabilitation programs.

The accuracy of the data collected and presented through the Cardihab Service is not intended to match that of medical devices or scientific measurement devices. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Cardihab Service.

8 Feedback and Submissions Policy

We are always interested in constructive feedback from users of our Services. However, if you submit an idea to us then regardless of anything contained in your submission you agree that the following shall apply: (i) we shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of Cardihab, without any compensation to you; (iii) we may consider the submission and its contents to be non- confidential and non-proprietary; and (iv) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you.

9 Alerts and Notifications

As part of your use of the Cardihab Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Cardihab Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier (if applicable). Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

10 Changes to the Cardihab Services

We may change or discontinue, temporarily or permanently, any feature or component of the Services any time. These changes may involve updates that are automatically downloaded and installed without prior notice to you.

11 Termination

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Cardihab Service, or to terminate these Terms, as required by our agreement with our Customer, at any time and without notice or liability to you. Your account will remain active on our Service from your registration until either: a) the agreement with our Customer ends; b) you ask us to terminate your account; c) we deem that your account is no longer being used. Upon any such suspension, deactivation, or termination, we may delete information related to your account as required by our agreement with our Customer. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Cardihab Service or your account, the following provisions of these Terms will survive: 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21.

12 Disclaimers

The Cardihab Service is provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim all express or implied warranties arising out of or related to these terms or the Cardihab Service, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Cardihab Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Cardihab Service.

13 Indemnity

Neither Cardihab, its suppliers, nor any other party involved in creating, producing, or delivering the Cardihab Service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Cardihab Service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Cardihab has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

14 Breaches of these terms and conditions

Without prejudice to Cardihab’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Cardihab may take such action as Cardihab deems appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers/devices using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you.

15 Variation

Cardihab may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

16 Reasonableness

By using the Cardihab Service, you agree that the exclusions and limitations of liability set out in these terms of service are reasonable. If you do not think they are reasonable, you must not use the Cardihab Service.

17 Unenforceable provisions

If any provision of these terms of service is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms of service.

18 Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Queensland, Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

19 Assignment

Cardihab may transfer, sub-contract or otherwise deal with Cardihab's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

20 Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21 Entire agreement

These terms and conditions constitute the entire agreement between you and Cardihab in relation to your use of the Services and supersede all previous agreements in respect of your use of this Services.

22 Cardihab Details

The full name of Cardihab is Cardihab Pty Ltd. Cardihab is registered in Australia under Australian Business Number 20 610 971 910. You can contact Cardihab by submitting our Contact Form, or by writing to: Cardihab Pty Ltd, PO Box 1319, Fortitude Valley, Queensland 4006 Australia.