Terms and Conditions
1. TERMS OF SERVICE
This is an agreement between JRB Technologies Pty Ltd (“myBeepr”) the owner and operator of www.mybeepr.com.au (the "myBeepr Site"), the myBeepr Software, including the myBeepr App (collectively, including all content provided by myBeepr through the myBeepr Software, App and Site, the "myBeepr Service", or the "Service"), and you ("You"), a user of the Service.
By accessing, downloading or using the Service, You acknowledge and agree to be bound by these terms. If you do not agree with any of these terms, you may not use the Service.
If You, or any entity for which You act for as an employee, representative or contractor for has entered into a Master Services and Software Agreement with myBeepr, then those terms and obligations are incorporated herein by reference.
2. PERMITTED USES AND RESTRICTIONS
Subject to compliance with these Terms of Service, myBeepr grants you limited and revocable permission to access, download and use the Service, provided that You:
Only use the Services for your own personal use;
Comply with all applicable laws when using the Service, including privacy and copyright laws;
Do not alter, modify, adapt, reverse engineer, decompile, disassemble or modify any part of the Services, or use the Services to compete against myBeepr;
Do not resell, sell, lease, lend, redistribute, sublicense, assign or otherwise transfer the Services to any third party;
Do not use the Services for any illegal or unauthorised purpose, including transmitting any viruses or destructive code or providing or gaining unauthorised access;
Do not use the Services beyond the appropriate and reasonably expected use, including using the Service to transmit an unsolicited message, promotions, spam or content that includes any advertising or commercial message;
Do not breach, or attempt to breach, the security of the Services, or use any data mining, robots or similar methods in connection with the Services;
Do not solicit any activity, unlawful or otherwise, that infringes myBeepr’s rights or the rights of any other party;
Any violation by You may result in the termination of your ability to access or use the Services.
3. YOUR ACKNOWLEDGEMENT
You acknowledge and agree that:
(a) the Services are intended to deliver non-critical, non-emergency messages between permitted users;
(b) the Services are dependent upon a number of factors outside myBeepr’s control, including but not limited to the operation of third-party hardware and network services;
(c) the Services are not a substitute for your current systems of administering and safeguarding medical treatment and/or medicine; and
(d) there may be occasional communication or transmission failures or delays in delivering or receiving messages.
4. YOUR DATA AND INTELLECTUAL PROPERTY
You retain all rights in your data, text, information, graphics, photos, profiles, audio and video clips, links and other content and materials that You submit and/or transmit using the Service (collectively, “Your Data”). You grant myBeepr a non-exclusive, royalty-free license to use, transmit, adapt, host, cache, extract, collate, report or otherwise use Your Data in connection with providing You with the Service, or to comply with any legal requirements.
myBeepr may monitor, collect, use and store usage data, metadata and other anonymous aggregate data regarding use of the Services. myBeepr shall not be responsible for maintaining backups of Your Data on myBeepr systems. All Your Data will be processed and stored within the geographic limits of Australia.
myBeepr retains all rights, title and interest in the Service and MetaData, including any associated intellectual property rights. You acknowledge that the Services, and all documentation, software and source code, constitute myBeepr’s valuable intellectual property and is owned by myBeepr. No title to, ownership or rights in the Services, or any derivatives of the Services or copyright/trademark, is transferred to You.
The myBeepr brand or trademark, cannot be used in connection with any product or service, or in any manner, without myBeepr’s prior written permission.
myBeepr reserves the right to terminate your access and use of the Services, without penalty, if you breached the terms of this Terms of Service. Your obligations under this agreement will continue after your access and use of the Software ceases or is terminated; these include but are not limited to Indemnification, Disclaimer of Warranty, Limitation of Liability and Confidentiality.
7. NETWORK USERS
You acknowledge that some authorised users work with other healthcare organisations and that authorised users of these healthcare organisations may need to communicate with You (each such authorised user is referred to as a “Network User”). In order to facilitate the use of the Services for all Network Users, You give myBeepr permission to share your name, mobile phone number, email address, job title and department to other Network Users (“Contact Details”). You also agree to treat any Contact Details you receive as a result of using this Service as Confidential Information.
8. CONFIDENTIAL INFORMATION
“Confidential Information” means all information disclosed by one party to the other party or of which is confidential at law or which the other party should reasonably be aware is or is likely to be confidential. For clarity, myBeepr’s Confidential Information includes all aspects of the Services. Confidential Information shall not include information which: (a) is already known to the Receiving Party; (b) becomes publicly available without fault of the Receiving Party; or (c) is required to be disclosed by law, provided that Receiving Party provides reasonable notice to Disclosing Party of such required disclosure is required.
Each party shall hold the other's Confidential Information in confidence and shall not disclose it to any third party or use the other's Confidential Information for any purpose, other than disclosure and use as required for the purpose of fulfilling its obligations under this agreement or to provide the Service.
You agree to indemnify, hold harmless and defend myBeepr and its officers, shareholders, directors, employees, agents, subsidiaries and affiliates from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses arising out of or relating to (a) your use of, or access to, the Services, (b) your violation of any term of this agreement; and (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This obligation will survive these Terms of Service and your use of the Service.
10. WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND MYBEEPR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
MYBEEPR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. MYBEEPR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT OR THAT IT IS SUITABLE FOR USE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICE, (c) ANY UNAUTHORISED ACCESS TO OR USE OF SERVICES, PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION, (d) ANY INTERRUPTION TO THE SERVICE, or (e) ANY BUGS, VIRUSES OR TROJAN HORSES, WHICH COULD BE TRANSMITTED THROUGH THE SERVICE BY A THIRD PARTY.
11. LIMITATION OF LIABILITY
To the extent permitted by law, in no event will myBeepr be liable for any indirect, special, punitive, incidental, exemplary or consequential damages even if myBeepr has been advised of the possibility of such damages or any direct damages that result from: (1) the use of, or inability to use, the Services; (2) the performance of the Services; or (3) any failure in the Services. You assume total responsibility for using the Services. Your only remedy against myBeepr is to cease using the Services.
If, notwithstanding this term, myBeepr is found liable to You for any damage or loss that arises out of or is connected with your use of the Service, myBeepr’s liability shall in no event exceed the fees paid to myBeepr for use of the Service.
You specifically acknowledge that myBeepr shall not be liable for any submission or the content of any third party transmission via the service.
Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Amendments: MyBeepr reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.