1. Your acceptance
These are the Terms on which IPC Health Ltd, ABN 68 846 923 225 (IPC Health) permits users (referred to as You or Your) to access and use its app "Chop Out Convos" and website "chopout.org" (together called App).
For the purposes of these Terms, ‘use’ includes using the services and functionality made available through the App, viewing content provided by IPC Health, communicating with IPC Health and reviewing product information.
By using, browsing or accessing the App, You acknowledge that you have read these Terms, and that you accept and agree to be bound by these Terms.
2. App Licence
IPC Health grants you a non-exclusive and non-transferrable licence to use the App for your own personal or business use subject to these Terms.
3. Changes to the App and Terms
This app is subject to change at any time without notice.
IPC Health may, from time to time, review and update the App or the Terms. Your use of the App will be governed by the most recent Terms as posted on the App. It is Your responsibility to check the App regularly for updated versions of the Terms.
4. Registration and Accounts
You may be required to register an account to be able to access or use particular areas of the App. You warrant that all information provided by you in the registration is accurate, complete and up to date. You will promptly inform IPC Health if there is any change to this information.
You may be required to use a password to access or use particular areas of the App. You agree that You will not disclose, or permit disclosure of, the password to any other person. You will be fully responsible for all acts and omissions of any person using your account or password, as if they were Your own acts or omissions.
IPC Health reserves the right to:
a) Monitor information, comment, content, communication, advice, text or other material (Content) made available on the App
b) Block, modify or remove any Content without notice for any reason whatsoever.
The Content on the App:
a) Is for general information purposes only
b) Is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.
Inclusion of Content on this App is not an endorsement of any organisation, product or service by IPC Health. Other websites that are linked to the App are not covered by these Terms. If You choose to access any linked websites, You do so at your own risk.You agree to be solely responsible for any Content that you communicate or otherwise provide over the App, including any Content that You communicate or provide using a third party website.
7. Restrictions on use
You agree not to:
a) Use any device, software or technique to interfere with or attempt to interfere with the proper working of the App
b) Post or transmit to the App any unlawful, fraudulent, harassing, libellous or obscene information or Content of any kind
c) Post or send to the App any information or Content that contains a virus, bug or other harmful item
d) Publish, perform, distribute, prepare derivative works, copy, reverse engineer or use the Content other than as expressly provided for within these Terms
e) Use any device or technology to provide automated attempts to access password protected portions of the App
f) Post or transmit into or on the App any information or Content which violates another party’s copyright or intellectual property rights.
IPC Health is committed to maintaining the privacy and confidentiality of personal information. IPC Health adheres to the National Privacy Principles (“NPPs”) under the Privacy Act 1988 (Cth) (“Privacy Act”) when collecting, using, disclosing, securing and providing access to personal information. The full statement can be read here: https://privacy.chopout.org.
IPC Health may, from time to time, review and update the Privacy Statement. It is Your responsibility to check the App regularly for updated versions of the Privacy Statement.
Nothing in these Terms excludes, restricts or modifies consumer guarantees, rights or remedies conferred on IPC Health by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.To the fullest extent permitted by law, IPC Health excludes all warranties and guarantees, whether express or implied, concerning availability of the App, quality, completeness, accuracy or suitability in relation to the App, the conduct of any users, all links to or from the App and the products and services advertised or accessible on the App.
10. Liability and Indemnity
Subject to clause 9, IPC Health excludes all liability for any direct or indirect loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the App, the Content and all links to or from the App.
You agree to fully indemnify IPC Health in respect of all loss, damage, costs, expenses, fines, penalties, claims, demands and proceedings that arise in connection with any of the following:
a) Any breach of these Terms by You
b) Your use of the App or any linked website
c) Your communications with IPC Health.
11. Intellectual Property
All intellectual property rights (including Copyright and Patents) in the App, IPC Health products and services, and all components of them are owned or licenced by IPC Health or any of its Related Entities.
You must not copy, modify or transmit any part of the App unless expressly provided for under these Terms.
The App may contain trade marks, logos, service or trade names of IPC Health or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service or trade names appearing on the App.
12. Termination of access to the App
IPC Health may at any time terminate or restrict your access to the App for any reason in its sole discretion and without prior notice.
In the event any of the clauses within these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such clauses shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain of full effect and enforceable.
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect or all matters arising out of or relating to these Terms.