MCRI Sleep Well Be Well Terms and conditions

Last updated: 1st August 2018

Murdoch Children's Research Institute (ABN 21 006 566 972) (MCRI/ us/ we/ our) require that you read these terms and conditions carefully.

By pressing the "agree" button, or accessing and/or using the Sleep Well Be Well application (the App), you agree to be bound by these Terms and Conditions, which include the MCRI Sleep Well Be Well Privacy Policy as included in the documents provided for your participation in this research trial (Terms). These Terms will constitute a binding agreement between you and MCRI. You should immediately cease using the App if you do not agree to these Terms. We recommend that you print or save a local copy of these Terms for your own records. You may also be bound by terms and conditions of the App Store that makes the App available to you (see Conditions of Access and Accessible Use below).

MCRI may, in its sole discretion, update, modify or replace all or part of these Terms at any time by posting revised Terms on MCRI's website. Where reasonably practicable, MCRI will use commercially reasonable efforts to provide you with prior notice of such revisions using the email address you provided when you registered. You are responsible for checking the website for any changes to these Terms. Your continued use of, or access to, the App following the posting of any changes to these Terms will be deemed to constitute acceptance of those changes. You are free to end your agreement with us at any time should you choose not to accept the revised Terms.

In order to access and use the App, you must:

  1. be the parent or legal guardian of a child participating in a research study being run by or on behalf of MCRI;

  2. be at least 18 years of age;

  3. possess the legal right and ability to enter into a legally binding agreement with us;

  4. agree and warrant to use the App in accordance with these Terms; and

  5. have a registered account.

MCRI may, but is not required to:

  1. provide updates, changes or amendments to the App as MCRI sees fit to ensure proper operation of the App and any general enhancements that may be introduced; and

  2. offer new services and features through, and in relation to, the App or the information, products or services described in it, which will be subject to these Terms.

MCRI's collection of personal information

By using the App, you consent:

  • on your own behalf to MCRI collecting your personal information; and

  • on behalf of your child to MCRI's collection of his or her personal information (including health information),

and MCRI's handling of such information in accordance with the MCRI Sleep Well Be Well Privacy Policy.

Registration and Your Account

To access and use the App, you may need a registered account. In order to register for an account, you will be required to provide your full name, nominate a contact number and an email address through which MCRI can contact you in relation to the App.

When you register and activate your account, MCRI will provide you with a username and password. You are solely responsible for keeping this username and password secure and are responsible for all use and activity, including activity in breach of these Terms, carried out under your username.

You must notify MCRI immediately if you become aware of any unauthorised use, or suspected unauthorised use, of your account.

You agree that:

  1. you will not provide any false personal information to MCRI, or create an account for anyone other than yourself without that individual's and MCRI's permission;

  2. you will not create more than one account;

  3. you will keep your personal information and account information accurate and up-to-date; and

  4. you will not transfer your account to anyone without MCRI's prior written approval.

App Does Not Provide Medical Advice

The App is an education tool designed to present information to users via smart phone for informational purposes only. The App and any data, text, graphics, links, images or other material contained within the App (Content) is not intended to be a substitute for professional medical advice, diagnosis, or treatment, or to be used as medical device or for the purposes of diagnosis, prevention, monitoring, treatment or alleviation of any disease or injury. If you have concerns about your child's sleep or general health, please see a medical professional.

Conditions of Access and Acceptable Use

You acknowledge and agree that the availability of the App is dependent on the third party from which you obtain the App (App Store). In addition to the Terms, each App Store may have its own terms and conditions which you agree to comply with, and your access to and use of the App is also conditional on your compliance with any such terms and conditions.

You may only use the App for non-commercial or personal use. All other use, copying or reproduction of the App or any part of it without MCRI's prior written approval is prohibited (except to the extent permitted by law).

You must not:

  1. access or use the whole or any part of the App, except as expressly authorised by these Terms, or otherwise with the prior written consent of MCRI;

  2. remove or obscure any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the App;

  3. circumvent any mechanisms in the App intended to limit your use of, or access to, areas within or components of the App;

  4. vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, the whole or any part of the App, except as permitted by law;

  5. solicit the login information or access an account belonging to another user;

  6. facilitate or encourage any violations of these Terms; or

  7. use any data mining, gathering or extraction tools in connection with the App without MCRI's prior written consent.

You must not access or use the App, or provide or transmit any Content in any way that:

  1. violates or infringes the rights (including, without limitation, any intellectual property rights) of MCRI or third parties;

  2. is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another's privacy or constitutes a breach of any other of the legal rights of individuals;

  3. includes personal or identifying information about another person without that person's consent;

  4. is false, misleading, or deceptive;

  5. violates these Terms;

  6. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or other property, or otherwise permit the unauthorised use of or access to a computer or computer network;

  7. is detrimental to, or in violation of, MCRI's or a third party's systems or network security;

  8. interferes with the use of the App by other users; or

  9. could damage, disable or impair the servers or networks used by the App or other users.

MCRI may, at any time without prior notice, restrict, block, suspend, deactivate, disable access, edit and/or remove all or part of the App, including any material which in MCRI's reasonable opinion may give rise to a breach, or be in violation of these Terms or any law, or which MCRI considers in its absolute discretion might be otherwise harmful.

If MCRI restricts, blocks, suspends, deactivates or disables your account as a result of your violation of these Terms or any law, you must not create another account without MCRI's permission.

Ownership and Access to the App

MCRI and its third-party licensors own all right, title and interest in and to the App and the Content, and all intellectual property rights contained therein, including, without limitation, all software code and algorithms underlying the operation of the App, and all trademarks and copyrighted materials contained in the App. Subject to your compliance with, and during the term of, this Agreement, MCRI grants you a non-exclusive, personal, non-transferable, non-sub-licensable limited licence to access and use the App for your own non-commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licences or rights, whether by implication, estoppel, or otherwise, in or to the App or any intellectual property rights therein or related thereto.

Liability of MCRI

The use of the App, and the Content is at your own risk. When using the App, information will be transmitted over a medium that is beyond the control of MCRI. Accordingly, to the extent permitted by law including the Australian Consumer Law, MCRI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App.

The App and the Content are provided on an "as is" basis. MCRI, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, DISCLAIMS ALL WARRANTIES. Without limiting the foregoing, and to the extent permitted by law including the Australian Consumer Law, MCRI makes no representations or warranties about the accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the App.

In no event shall MCRI be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MCRI is advised of the possibility of such damages. MCRI shall be liable only to the extent of actual damages incurred by you, but such amount shall not exceed AUD $1,000. MCRI is not liable for any personal injury, including death, caused by your use or misuse of the App or Content.

User Submissions

The personal information you submit to MCRI is governed by the MCRI Sleep Well Be Well Privacy Policy, which can be found below.

Searches and Links to Other Sites

MCRI may provide links to third-party websites. MCRI has no control over and is not responsible for the content of linked third-party websites, websites framed within the App or third-party websites provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Indemnity

You agree to defend, indemnify, and hold MCRI, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or in connection with your breach of these Terms.

General

MCRI is based in Australia with principal offices in Melbourne, Victoria. MCRI makes no claims that MCRI, the App or the Content are appropriate or may be downloaded outside of Australia. Access to the Content may not be legal by certain persons or in certain countries. If you access the App from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Termination

We may terminate these Terms at any time by providing reasonable written notice to you, for any reason whatsoever, including without limitation if you breach the Terms.

You can terminate these Terms at any time by ceasing your use of the App and deleting the App.  MCRI reserves the right to delete or deactivate your account and all data provided by you or about you following termination.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with MCRI, or in any way relating to your use of the App, resides in the courts of Victoria, Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Victoria, Australia in connection with any such dispute including any claim involving MCRI or its affiliates, subsidiaries, employees, contractors, officers, directors and telecommunication providers.

These Terms are governed by the laws of Victoria, Australia, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. In lieu of the invalid or unenforceable provision, the parties will substitute or add as part of this Agreement a valid and enforceable provision that will be as similar as possible in economic and business objectives as was intended by the invalid or unenforceable provision. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from the App by contacting MCRI and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorised version of the work.

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  • Your name, address, telephone number and (if available) e-mail address.

  • A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.

  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorised to act on the copyright owner's behalf.

  • A signature or the electronic equivalent from the copyright holder or authorised representative.

Contact details for MCRI in relation to any copyright issues relating to this App is as follows:

Murdoch Children's Research Institute, BDLO
The Royal Children's Hospital, Flemington Rd
Parkville, VIC, Australia 3052
Email: sleep.app@mcri.edu.au

Complete Agreement

Except as expressly provided in a particular "legal notice" in the App, these Terms and the Privacy Policy constitute the entire agreement between you and MCRI with respect to the use of the App and Content.

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via mail to: Murdoch Children's Research Institute BDLO, The Royal Children's Hospital, Flemington Road, Parkville VIC Australia 3052, Attention: Business Development and Legal. We try to answer every email in a timely manner but due to volume may not always be able to do so.

MCRI Sleep Well Be Well Privacy Policy

Murdoch Children's Research Institute (MCRI, we, our or us), the owner of the MCRI Sleep Well Be Well application (the App), recognises the importance of protecting the privacy and rights of individuals in relation to their personal information. This document is MCRI's Privacy Policy and applies in respect of the information collected and used by both MCRI and our related bodies corporate in respect of the App. We are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act). MCRI also complies with the Health Privacy Principles as set out in the Health Records Act 2001 (Vic) where applicable and as amended from time to time.

This MCIR Sleep Well Be Well Privacy Policy explains how MCRI collects, uses, stores and discloses personal information relating to individuals with whom MCRI interacts, including patients, research participants, donors, customers, medical professionals, consultants and contractors (referred to in this policy as you).

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us, including the Terms and Conditions of the App.

1.    Personal information and sensitive information

The expression "personal information" has the meaning given by the Privacy Act and includes information or an opinion about an individual that is reasonably identifiable. This may include your name, age, address, telephone number and email address. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered to be personal information.

Some personal information may also be "sensitive information." Sensitive information has the meaning given by the Privacy Act and includes personal information or an opinion about your racial or ethnic origin, your political opinions, your membership of a political association, your religious beliefs/affiliations, your philosophical beliefs, whether you are a member of a trade or professional association or trade union, your sexual orientation/practices, or your criminal record. Sensitive information also includes health information, genetic information or biometric information or templates.

2.    What personal information does the App collect and hold?

We only collect personal information if it is reasonably necessary for one or more of our functions or activities. We may collect the following types of personal information:

  • name;

  • date of birth;

  • email address;

  • telephone number;

  • health information about you and your dependents, such as medical history and related information (eg. Sleep Questionnaire); other information about your dependents (as reasonably necessary);

  • any other information relevant to a MCRI research project you have agreed to participate in;

  • bank account or credit card details if you are making a donation or payment;

  • any additional information relating to you that you provide to us directly through the App or indirectly through your use of the App; or

  • any other personal information that may be required in order to facilitate your dealings with us.

Where the information we collect is sensitive information, we will only collect it with your prior consent.

We may receive personal information which we did not ask for (i.e. unsolicited information).  If this occurs, within a reasonable period of time we will determine whether we could have collected the information by seeking it from you.  If we determine that we could not have collected that information from you, we will destroy the information or de-identify it where it is otherwise lawful to do so.

We may also collect information from time to time that is not personal information because it does not identify you or any other individual. For example, we may collect anonymous answers to surveys or aggregated information about how people use the App and our services.

3.    How and when does MCRI collect personal information?

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. If we collect your personal information from someone other than you, we will take reasonable steps to ensure that you are or have been made aware of what information has been collected, and the purpose of that collection. When collecting personal information from you, we may collect it in ways including:

  • when you or a medical professional enter personal details into the App, including when you register to use our App;

  • during conversations between you and our staff (which includes paid employees and volunteers);

  • when you complete documentation; and

  • when you participate in research activities or other activities in relation to MCRI Sleep Well Be Well.

Our general Privacy Policy is set out at www.mcri.edu.au/privacy-policy. That policy applies to the personal information we may collect about you other than in relation to the Sleep Well Be Well App (for example, information we collect about you when you use our website). It details how such personal information may be used by us.

4.    For what purposes does MCRI collect, hold and use personal information?

We will only collect and/or use your personal information (including health information) to the extent that this is necessary for one or more of the following activities:

  • to enable you to access and use our App;

  • to provide services to you;

  • to operate, protect, improve and optimise our App, business and our users' experience, such as to perform analytics, conduct research and for advertising and marketing;

  • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

  • to verify your identity, respond to your requests or as otherwise directed by you;

  • to provide you with news, information and material in relation to services of MCRI and our related bodies corporates if requested by you;

  • to undertake medical research as consented to by you;

  • to undertake general research or other reasonably related research activities for MCRI or our related body corporates, including surveys and polls and other reasonably related research activities;

  • to de-identify such information and aggregate it with other information collected from other sources, for research and other purposes;

  • for the administrative, employment, planning, service development, quality control and research purposes of MCRI;

  • to update our records and keep your contact details up to date;

  • to process and respond to any complaint made by you;

  • to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority in Australia;

  • to send you marketing and promotional messages and other information to promote programs and activities of MCRI or our related bodies corporate, including fundraising, corporate philanthropy and education; and

  • otherwise as permitted by law.

5.    Do we use your personal information for direct marketing?

We may send you direct marketing communications and information about our services, for example in the nature of inviting you to participate in our studies, or make a donation. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Privacy Act.

In relation to the use of your personal information to provide you with information about our programs, activities and fundraising, you may at any time request us not to provide you with any direct marketing, including fundraising communications or publications.

We will provide you with a simple means to opt-out of receiving such correspondence from us. You may elect to opt-out from receiving direct marketing and fundraising information at any time, by contacting us at the contact details below or, in the case of electronic correspondence, by selecting any unsubscribe option.

Please note that you cannot opt-out of receiving contractual notifications such as changes to our terms and conditions for the supply of goods or services or other important information. In relation to sensitive information, we will not use or disclose this for the purpose of direct marketing unless you have expressly consented.

6.    What happens if you do not provide us with the personal information we request?

You have the right to not identify yourself, including the right to not provide us with your personal information.

If you do not provide us with the personal information described above, we may not be able to provide the requested services to you, either to the same standard or at all, and we may not be able to provide you with information about services that you may want, including information about related services.

7.    How does MCRI securely hold your personal information?

We will take reasonable steps to protect all personal information which we hold from misuse or loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified by us when it is no longer needed for the primary purposes (or any related secondary purposes) set out in this privacy policy.

All personal information will be held securely on the Google Cloud Platform.

You should be aware when using the App that no data transmission over the Internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any information that you transmit to us over the Internet (including through our website), and you do so at your own risk.

8.    Who does MCRI disclose your personal information to?

We may provide your personal information (including your health information), to:

  • our staff, which include our paid employees, volunteers and contractors;

  • our professional advisors;

  • our related bodies corporate, partners, affiliates, research collaborators, contractors and consultants who assist us in providing services to us and are required by us to protect your personal information;

  • any organisation or any authorised person with your express consent;

  • a person or organisation to whom we are compelled by law, or otherwise permitted by law, to provide your information; or

  • your organisation, if you are acting on behalf of an organisation.

If we refer you to a third party service provider, that service provider may also collect and store your personal information. We make no representation or warranties in relation to the privacy practices of any third party service provider and we are not responsible for their collection, use or disclosure of your personal information. Third party service providers are responsible for informing you about their own privacy practices.

9. Does MCRI disclose personal information to anyone outside Australia?

We may be required, from time to time, to disclose your personal information to our international partners and research affiliates or collaborators located in New Zealand,    USA, Canada, EU (including, but not limited to, United Kingdom, France, Italy, Finland, Sweden, Netherlands, Cyprus), Japan, Singapore, Hong Kong, Indonesia, Vietnam, Fiji, Thailand, Qatar, Mongolia, Lao PDR, Papua New Guinea, Nigeria, The Gambia, Brazil, and Chile for the performance of the activities detailed in section 4 of this Privacy Policy.

When you provide us with your personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian privacy law. Notwithstanding this, we will take reasonable steps to ensure that the overseas recipient observes confidentiality in a manner consistent with this Privacy Policy and requirements of the Privacy Act. To the extent that it is reasonable and practical for us to do so, we will use reasonable endeavours to de-identify any such personal information prior to overseas disclosure.

10. How can you access and correct your personal information?

You may request access to any personal information we hold about you at any time by contacting the MCRI General Compliance Officer (see details in section 14 below). Where we hold information that you are entitled to access, we will take reasonable steps to provide you with suitable means of accessing it.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

We will take reasonable steps to ensure that any personal information that we have collected is accurate, up-to-date and complete.  We also take reasonable steps to ensure that any personal information we use or disclose is accurate, up-to-date, complete, and relevant having regard to the purpose of the use or disclosure.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it by contacting the MCRI General Compliance Officer (see details in section 12 below). We will take reasonable steps to correct the information held.

11. What is the process for complaining about a breach of privacy?

If you believe that your privacy has been breached, please contact the MCRI General Compliance Officer (see details in section 14 below) and provide details of the incident so that we can investigate it.

We may require any complaint to be made in writing first. We will then endeavour to respond to your complaint within 30 days. If we are unable to resolve your complaint to your satisfaction, a complaint can also be made to the Office of the Australian Information Commissioner.

12. Changes to this Privacy Policy

We reserve the right to change, modify or update this Privacy Policy (or our general Privacy Policy), from time to time and without liability to you, by publication of the revised version. The revised version shall take effect immediately upon publication.

13. Contacting us about an enquiry or complaint

If you have an enquiry about this privacy policy, or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact the MCRI General Compliance Officer at:

Att: MCRI General Compliance Officer
Dept. Business Development and Legal
c/o Murdoch Children's Research Institute
Royal Children's Hospital
50 Flemington Road
Parkville VIC  3052

Email: notices@mcri.edu.au

We will treat your enquiry or complaint confidentially. One of our staff will contact you within a reasonable time after you have made contact with us to discuss your enquiry or complaint and outline options regarding how it may be dealt with. We will aim to ensure that any complaint is resolved in a timely and appropriate manner.

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