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Terms & Conditions

Welcome to Snug

Welcome to Snug, an innovative mobile and web application owned by Snug Health Pty Ltd (ABN 47 610 411 473) ("Snug Health", "we", "us" or "our") that serves as a personal electronic health record and assists with health promotion and disease management (Snug).

You acknowledge and agree that your access to and use of Snug is governed in accordance with these terms and conditions (Terms of Use) which shall form a legally binding agreement between you and Snug Health.

You should review these Terms of Use carefully before using Snug. By indicating your acceptance to these Terms of Use by clicking "I accept" when prompted, or by continuing to use Snug, you acknowledge and agree that you have had an opportunity to read and understand these Terms of Use and our Privacy Policy and you agree to be bound by their terms and conditions. If you do not agree with all of the terms contained in these Terms of Use or our Privacy Policy, you should not access or use Snug.

You acknowledge that we may amend these Terms of Use from time to time in our absolute discretion. Any changes will be published on our website and notified to you by email to the email address provided by you to us (if any) and also via a notification in Snug. If you do not accept the changes to the Terms of Use you cannot continue to use Snug. By using Snug, you agree that the then current version of these Terms of Use applies to your use of Snug.

Accessing Snug

In order to access Snug, you are required to register for a user account (Account) through the Snug mobile or web application. When you register to create your Snug Account, you will be required to create a User ID and password. Once registered you may also create a pin or set up biometric identification for quick login. Together, these details constitute the authentication credentials (Credentials) you will use to sign on to Snug.

It is your responsibility to protect your Credentials. Do not share your Credentials with others. You must notify us immediately if you become aware of any unauthorised use of your Credentials or of your Account.

Snug is designed for persons over 14 years of age only. Children under the age of 14 years should only access their Account while under the supervision of a parent, legal guardian, or other responsible adult.

Your use of Snug

As a condition of your use of Snug, you agree that you will not use Snug for any purpose that is prohibited by these Terms of Use. In particular, you agree not to:

  • share your Snug account with any other person;
  • expressly or impliedly impersonate any other person or entity or use the Account or password of another member at any time;
  • use Snug to defame, abuse, harass, stalk, threaten or otherwise offend any person;
  • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via Snug;
  • upload, post, email, transmit or otherwise make available using Snug any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation;
  • use the App for any commercial purpose whatsoever, including, without limitation, raising money, advertising or promoting a product, service or company; or
  • breach any laws or regulations which are applicable to your use of Snug in your jurisdiction.

Appropriate legal action will be taken by Snug Health in respect of any use of Snug that breaches the above terms.

Your content and data

In order to obtain the full benefit of our services you will be required to input into Snug certain information about yourself including your personal medical history, current health issues, health goals, medications, allergies, immunisations, social history, family history, risk factors, areas of interest, ethnic origins and lifestyle patterns (collectively Your Content). By submitting any information, data, materials or other content to us through Snug, or otherwise permitting its collection from you, you are granting to us a licence to store, use, modify, display, manipulate and create derivative works using Your Content for the sole purpose of providing services to you through Snug.

You are solely responsible for ensuring that Your Content is accurate, complete and up to date and Snug Health is not responsible for the consequences of any inaccuracy in Your Content whether or not that inaccuracy was caused or contributed to by Snug Health.

You can remove any of Your Content by deleting it from Snug. If you are unsure how to do this, please Contact Us. In certain circumstances, some of Your Content may not be completely removed and copies of Your Content may continue to exist on Snug and/or elsewhere. We are not responsible or liable for the removal or deletion (or the failure to remove or delete) any of Your Content from Snug.

Privacy

Any personal information collected by us through Snug, or otherwise collected by or on behalf of us, will be dealt with in accordance with our Privacy Policy. By agreeing to these Terms of Use, you also agree to our Privacy Policy, incorporated here by reference.

Exclusion of Warranties and Disclaimer

Snug and any information contained in Snug is provided to you "as is" and on an "as available" basis. To the maximum extent permitted by law, Snug Health expressly excludes all representations, warranties, guarantees and endorsements, whether express or implied, in relation to Snug, including, without limitation any warrant that:

  • Snug will meet your requirements or expectations;
  • you will receive continuous, uninterrupted or secure access to Snug or that its servers are free of computer viruses, bugs or other harmful components or that any defects with Snug will be corrected within a reasonable time; or
  • any information obtained via Snug will be accurate, complete, reliable, up to date and suitable for your own individual purposes,

and accordingly, you use Snug at you own discretion and risk and will be solely responsible for any loss or damage of any kind that you suffer as a result of or in connection with any disruption or other difficulties you experience in using Snug or arising from your reliance on any information obtained via Snug.

All information made available on Snug is for information purposes only and is not a substitute for the advice of a qualified healthcare professional. In case of a health emergency, or if you have or suspect that you have a serious medical problem or condition, DO NOT contact us using this App. Please contact a qualified healthcare professional and/or call your emergency service immediately. You should never disregard medical advice or delay in seeking it because of information you have read on Snug or the medical history you receive through Snug Health's services.

Limitation of Liability

To the maximum extent permitted by law and except where the relevant liability arises as a result of fraud or wilful misconduct on the part of Snug Health, Snug Health hereby expressly excludes all liability to you for any loss or damage (including, without limitation, direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit or loss of corruption or data) arising out of:

  • your access to, use of, or inability to access or use Snug;
  • your use of, or reliance on, any information made available on Snug;
  • any errors or omission in the information made available on the Snug, whether or not we are aware of such errors and omissions,

howsoever caused and whether arising in contract, tort, under statute or otherwise.

We acknowledge that certain legislation including the Australian Consumer Law, may imply warranties or conditions or impose obligations, remedies or guaranties which cannot be excluded, restricted or modified by law. To the extent that such legislation applies, these Terms of Use must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, and to the extent permitted by law, Snug Health limits its liability pursuant to those provisions to the resupply of the relevant services or the payment of the cost of having the services supplied again.

Indemnity

You agree to indemnify Snug Health, our employees, commercial partners, licensors, contractors, officers, agents, related bodies corporate, and suppliers (Protected Parties) from all reasonable costs and expenses, losses and liabilities, claims, fines, penalties, demands, proceedings (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

  • any use or misuse of Snug by you or by any other person accessing Snug using your user account or password;
  • any breach of these Terms of Use or any intellectual property or other right by you or any other person accessing Snug using your user account or password; and
  • any breach of an applicable law, regulation or licence arising from your use of Snug or from the use of Snug by any other person accessing Snug using you user account or password.

Changes to the App

We may, from time to time, change or add to Snug without notice. In the event we make changes to Snug, your access to Snug and any information contained on it may be limited or unavailable on a temporary or permanent basis. We will not be liable to you or any third party for any loss such suspension, termination, change or discontinuance may cause. We do not undertake to keep Snug up to date and we will not be liable to you or anyone else if errors occur in the information in Snug or if that information is not up to date. We reserve the right to cease operating Snug at any time and for any reason.

Account Suspension or Cancellation

We may suspend or cancel your account and/or your access to Snug, with or without notice to you if:

  • you do not comply with these Terms of Use;
  • we are investigating a suspected breach by you of these Terms of Use;
  • we form the view, acting reasonably, that it is necessary to do so in order to protect the security and integrity of Snug or the interests of other members, Snug Health, the Protected Parties or any third party;
  • if you are eligible for Snug based on your membership of an organisation that is one of our commercial partners, and you stop being a member of, or having any relationship to, that organisation or if you no longer qualify for Snug under that organisation’s rules

Copyright and Intellectual Property

Unless otherwise indicated, we own, or licence from third parties, any and all right, title and interest (including as the case may be any copyright, designs, patents, trademarks and other intellectual property rights) in Snug and in all of the material (including but not limited to information, text, graphics, logos, button icons, video images, audio clips, application, code, scripts, design elements and interactive features) made available on Snug (Content). Your use of Snug, and use of and access to any Content, is for your personal, non-commercial use only. Use of the App does not grant or transfer any right, title or interest to you in relation to Snug or the Content. We grant you a licence to access Snug and view the Content only in accordance with these Terms of Service, and, where applicable, as expressly authorised by us and/or our third party licensors.

You may not, without the prior written permission of Snug Health and the written permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, communicate, post, distribute, show or play in public, adapt, change in any way or reverse engineer the Content, Snug or any third party content displayed on Snug for any purpose, unless otherwise expressly provided by these Terms.

Linked Websites

Snug may contain links to websites operated by third parties (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any Linked Website. Unless specifically stated, the inclusion of a Linked Website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Linked Website, or for any information, product or service referred to on the Linked Website.

Your use of any Linked Website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Website and not by these Terms of Use.

We are not responsible for the privacy practices of any third party social media or other service providers that you can access through this App.

Governing Law

These Terms of Use are governed by the laws in force in Tasmania, Australia and you submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Website.

Entire Agreement

These Terms of Use embody the entire agreement and understanding between the parties concerning its subject matter and succeeds and cancels all other agreements and understandings concerning the subject matter of these Terms and any warranty, representation, guarantee or other term and condition of any nature not contained in these Terms of Use is of no force and effect.

Severability

In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Invalid or unenforceable provisions

The provisions in this agreement relating to Limitation of Liability and Indemnity are for the benefit of Snug Health and their Protected Parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Waiver

Snug Health's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any cause of action or claim you may have with respect to your use of Snug must be commenced within one (1) year after the claim or cause of action arises.

Survival

The provisions in this agreement relating to Limitation of Liability and Indemnity will survive the termination of this Agreement.

Assignment

Snug Health and the Protected Parties may assign their rights and duties under this Agreement to any party at any time without notice to you.

Notice

Snug Health may deliver notice to you under these Terms and Conditions by;

  • a general notice through Snug;
  • email, to your address on record in your Snug Account; or
  • post, to your address on record in your Snug Account.

Contact us

Please contact us at support@snughealth.com.au

Effective Date: 28 August 2019

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