Seer Cloud Terms and Conditions

Thank you for accessing our application (Seer Cloud). Seer Cloud is owned by Seer Medical Pty Ltd (ABN 46 615 849 986). By accessing and/or using Seer Cloud and related services (including Seer Health Tracker), you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our application if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Seer Medical Pty Ltd and our related bodies corporate.

Registration

You may need to be a registered member to access our products and services of Seer Cloud.

When you register and activate your account, you will provide us with personal information and/or sensitive information including your name and email address, telephone number, date of birth, certain health information and any other personal and sensitive information that may be required in order to facilitate your dealings with us. We will handle all personal information and sensitive information we collect in accordance with our Privacy Policy.

If you are under the age of 14 years, you may not create an account or register as a member. If you are 14 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

• exercise supervision over the Minor’s use of Seer Cloud and account;
• assume all risks associated with the Minor’s use of Seer Cloud and their account, including the transmission of content or information to and from third parties via the Internet;
• ensure that the content and information that the Minor may encounter on Seer Cloud are suitable for the Minor;
• assume liabilities resulting from the Minor’s use of Seer Cloud and their account;
• ensure the accuracy and truthfulness of all information submitted by the Minor; and
• provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

Collection of personal information

We collect personal information and/or sensitive information about you in order to provide you with our products and services and for the purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and services to you.

We may collect, hold, use and disclose your personal information and/or sensitive information for the following purposes:

• to enable you to access and use certain of our products and services;
• to contact and communicate with you;
• to operate, protect, improve and optimise our website, app, our products and services and our users’ experience, such as to perform product analytics, collect testimonials, and conduct product-related research;
• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
• any other purpose, with your consent.

We may also conduct research on an anonymised, de-identified basis to enhance the products and services that we can offer.

We may use healthcare professionals’ contact details or email addresses to send them information regarding their patients progress (with the relevant individual’s consent) and to send updates in relation to our products and services.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information and/or sensitive information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@seermedical.com.

By providing your personal information and/or sensitive information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Your health information

We may collect health information about you in order to provide you with our products and services. Any collection of health information will be handled in accordance with our Privacy Policy, as well as applicable State and Territory privacy and health data protection laws, including for example the Health Records Act 2001 (Vic) and the Health Records and Information Privacy Act 2002 (NSW).

Accuracy, completeness and timeliness of information

The information on Seer Cloud is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on Seer Cloud, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this application. You should monitor any changes to the information contained on Seer Cloud.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of Seer Cloud or a linked website or application. You must take your own precautions to ensure that whatever you select for your use from Seer Cloud is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or make additions to Seer Cloud (including the Terms) or the information, products or services described in it. However, we do not undertake to keep Seer Cloud updated. We are not liable to you or anyone else if errors occur in the information on Seer Cloud or if that information is not up-to-date.

Linked sites

Seer Cloud may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Seer Cloud and in all of the material (including all text, graphics, logos, audio and software) made available on Seer Cloud (Content). You will always own your own health information.

Your use of Seer Cloud and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to Seer Cloud or the Content. However we do grant you a licence to access Seer Cloud and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of Seer Cloud or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of Seer Cloud, the Content or any part of it is prohibited, except to the extent permitted by law.

No commercial use

Seer Cloud is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within Seer Cloud. You may not use Seer Cloud, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or application.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to Seer Cloud, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using Seer Cloud to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to Seer Cloud any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to Seer Cloud, we have the right to take down this information at our sole discretion and without notice.

Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about Seer Cloud or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that Seer Cloud will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to Seer Cloud, any Content, or any feature of Seer Cloud at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of Seer Cloud and/or the information or materials contained on it, or as a result of the inaccessibility of Seer Cloud and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Jurisdiction and governing law

Your use of Seer Cloud and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.