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).
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
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.
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:
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:
howsoever caused and whether arising in contract, tort, under statute or otherwise.
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:
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:
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.
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.
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.
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.
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.
The provisions in this agreement relating to Limitation of Liability and Indemnity will survive the termination of this Agreement.
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.
Snug Health may deliver notice to you under these Terms and Conditions by;
Please contact us at email@example.com
Effective Date: 28 August 2019