Carefactor Terms of Service

Last Updated Date: September 1, 2019

Carefactor Life Pty Ltd (“Carefactor”, “our”, “we” or “us”) provides services to help organize, store, and manage information related to your care or the care of others.

Please read our Terms of Service so you understand what’s up with your use of Carefactor.

You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

 

About our services

Registration

In order to access our Services, you must register to create an account (“Account”) and become a Member. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Age

You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Key Terms

When you register with us for access to our Services and successfully complete the account registration process you will become a “Member” of our Service. As a Member, you will have the opportunity to create one or more care focus (“Care Focus”) and to add information, data, and images to your Care Focus(es) (“Care Focus Content”). A Care Focus may relate to you or it may relate to your child, parent, or other you are caring for. As a Member, you will have the opportunity to invite third-party caregivers (“Care Family”) to access the Care Focus that you create. If you elect to invite a Care Family to access your Care Focus(es), that Care Family will receive an invitation to register with our Services and will need to complete the account registration process to become a Member. In addition, any Care Family that you invite to access your Care Focus(es) will have access to Care Focus Content within your Care Focus(es) as well as the ability to add, delete, download, and edit the same. We recommend that you protect the private and sensitive information contained within your Care Focus(es) and consider carefully whether to permit any Care Family to access your Care Focus.

If you are creating a profile on behalf of another person, by accepting these terms you attest that you are authorized by that person to create a profile on their behalf. To the extent you take action on behalf of the person you are caring for, you also attest that you have valid legal authority to take that action on their behalf.

Please note that you, and not Carefactor, are responsible for maintaining and protecting all Care Focus Content. Carefactor will not be liable to you for any loss or corruption of your Care Focus Content, or for any costs or expenses associated with backing up or restoring any of your Care Focus Content.

Third Party Services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Acceptable use of our services

Our Terms and Policies

You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use

You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Carefactor, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Availability and Termination of Our Services

Availability of Our Services

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination of Our Services

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Carefactor: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnities,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other”.

 

Licenses

Your Rights

Carefactor does not claim ownership of the information that you submit for your Carefactor account or through our Services. You must have the necessary rights to such information that you submit for your Carefactor account or through our Services and the right to grant the rights and licenses in our Terms.

Carefactor’s Rights

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.

Your License to Carefactor

In order to operate and provide our Services, you grant Carefactor a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the Care Focus Content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services as described in our Privacy Policy.

In the event you do elect to make one or more Care Focus(s) and their corresponding Care Focus Content available to one or more other Members, you further grant Carefactor a right to sublicense the Care Focus Content to such member to allow access to and use of the same as permitted by the Services. ALTHOUGH ANY MEMBER IS SUBJECT TO THESE TERMS AS MEMBER, WE CANNOT CONTROL ANY USE OF CONTENT BY ANY MEMBER AND YOU ARE SOLELY RESPONSIBLE FOR THE SAME AND ANY LIABILITY FOR SUCH ACCESS.

You acknowledge and agree that you are solely responsible for all content that you make available through our Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you make available through our Services or you have all rights, licenses, consents and releases from the individual that are necessary to grant to Carefactor the rights in such content, as contemplated under these Terms, including the provision to Carefactor of Personal Information (as defined in the Carefactor Privacy Policy) submitted to us as part of a Care Focus; and (ii) neither the Care Focus Content nor your posting, uploading, publication, submission, or transmittal of the content or Carefactor’s use of the content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Carefactor’s License to You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

 

Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “CAREFACTOR PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

 

Limitation of Liabilities

THE CAREFACTOR PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE CAREFACTOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE CAREFACTOR PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CAREFACTOR PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF OUR SERVICES, INCLUDING CONTENT PROVIDED IN CONNECTION THEREWITH, (II) ANY USE OF OUR SERVICES FOR ANY UNLAWFUL OR INAPPROPRIATE CONDUCT, OR (III) ANY ACT OR OMISSION BY YOU THAT CONSTITUTES AN ACTUAL OR ALLEGED VIOLATION OF THESE TERMS.

Dispute Resolution

You and Carefactor agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of our Services (collectively, “Disputes”) will be settled by binding arbitration.  You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in a court located in Queensland, Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

Governing Law

The laws of the State of Queensland, Australia govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Carefactor and you, without regard to conflict of law provisions.

 

Other

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Carefactor and our Services, and supersede any prior agreements.
  • We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
  • Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
  • Our Terms are written in English (Aus). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
  • Any amendment to or waiver of our Terms requires our express consent.
  • We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
  • All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
  • You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
  • Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
  • If we fail to enforce any of our Terms, it will not be considered a waiver.
  • If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
  • We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to our Services (“Feedback”). You may submit Feedback by emailing us at support@carefactor.life, You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose without any compensation to you of any kind.

Notification of Copyright Infringement

Carefactor will respond expeditiously to claims of copyright infringement committed using our services that are reported to Carefactor’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Services by completing the following Notice of Alleged Infringement and delivering it to Carefactor’s Designated Copyright Agent. Upon receipt of the Notice as described below, Carefactor will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from Carefactor.

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the App where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Carefactor’s Designated Copyright Agent at ip@carefactor.life.

 

Privacy Policy

See Carefactor’s Privacy Policy for information and notices concerning Carefactor’s collection and use of personal information you submit.