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TERMS AND CONDITIONS
Introduction

These terms and conditions govern your use of the BioConnected App (BioConnected App) and BioConnected Biosensing Sports Earphones Product (BioConnected Eardphones) which you are being granted the right to use.

The BioConnected App is provided by BioConnected Holdings Pty Ltd (ABN: 60 602 388 189) (Company, we, us and our).

Use of BioConnected App

The BioConnected App can only be used with the BioConnected Earphones.

In order to use the BioConnected App, you must become a registered user by completing the sign-up form in the BioConnected App and agreeing to comply with these terms and conditions.

Once you become a registered user you will be able to use the BioConnected Earphones and BioConnected App for the purposes of monitoring aspects of your own health and providing health information to relevant third parties which you nominate.

Before you start using the BioConnected App and BioConnected Earphones you should consult a qualified medical professional, particularly if you have a medical or heart condition that may affect your use of the BioConnected App and BioConnected Earphones. This is to ensure that you are fully informed about any limits on your ability to use the BioConnected App and BioConnected Earphones.

Use of information from BioConnected App

The information generated through the use of the BioConnected App is intended for general information purposes only and should not form the basis of a medical diagnosis or treatment plan unless you consult a qualified health professional. We are not responsible for any reliance placed on the information obtained from the BioConnected App.

Your Responsibilities

You promise us that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.

You are solely responsible for maintaining the security of your account and any use of BioConnected App that occurs in conjunction with your username and password.

You must comply with any acceptable use or other policy published by us on the BioConnected App.

You must not:

  • attempt to gain unauthorised access to content through the BioConnected App;
  • use a false email address, impersonate others or misrepresent your affiliation with others;
  • share your BioConnected App login details with any other person or use the login details of any other person to access BioConnected App;
  • interrupt or attempt to negatively impact or alter the operation of the BioConnected App in any way;
  • use the BioConnected App or any of the materials made available through the BioConnected App in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; or
  • modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or reĀ­sell any information, content, software, or materials obtained from or made available through the BioConnected App, other than in accordance with these terms and conditions or information about yourself which you choose to share on your social media channels.
Availability

We will, to the best of our ability, ensure the BioConnected App and the cloud version is available for access at all times but are not responsible if you are not able to access the BioConnected App as a result of (i) us undertaking preventative or remedial maintenance or (ii) as a result of any circumstances beyond our control.

Security

We use a variety of internal technical security measures to protect your Personal Information. You should also take all precautionary measures when using our services to protect your Personal Information.

Emergency Situations

The BioConnected App and BioConnected Earphones provide a way for you to monitor certain aspects of your health. Of course, If you are using the BioConnected Earphones and BioConnected Apps while exercising and feel unwell you should immediately seek medical attention.

Hyperlinks

BioConnected App may from time to time contain links to other websites. These are provided for convenience only. We take no responsibility for the content and maintenance of, or privacy compliance by, any linked site. Any link to another site does not imply our endorsement, support, or sponsorship of the operator of that site nor of the information and/or products which they provide.

Intellectual Property

The copyright to all materials on the BioConnected App belongs to us.

Confidentiality and Privacy

When you become a registered user of BioConnected App you will be asked to provide some personal information. This information may be used by us and our contractors in connection with the BioConnected App.

While we take reasonable steps to preserve the security of your information, please be aware that we cannot guarantee your use of the BioConnected App will be confidential and we cannot guarantee that any information you provide to us is perfectly secure.

Our Privacy Policy explains how we deal with your personal information that you provide to us or of which we become aware.

Monitoring use of BioConnected App

We reserve the right to monitor your use of BioConnected App for the purpose of ensuring that BioConnected App is functioning as we intended and that you are complying with these terms and conditions.

Disclaimers

Whilst we take all due care in providing BioConnected App, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the law of Australia.

We take all due care in ensuring that the BioConnected App is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the App or any linked site.

To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.

Limitation of Liability

We do not exclude or restrict our liability for any matter which it would be illegal for us to exclude or attempt to exclude our liability. However, We are not responsible for any injury (whether physical or mental) that occurs while you are using the BioConnected App and/or BioConnected Earphones.

To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of BioConnected App again or payment of the costs of having BioConnected App supplied again.

We accept no liability for any loss caused in whole, or in part, by your misuse, abuse or improper application of the BioConnected App.

We accept no liability for any loss of business opportunities, loss of profit, loss of business information, loss of reputation or goodwill or any other business interruption suffered by you as a result of your use of the BioConnected App.

Feedback

If you wish to make any comments (good or bad) about the BioConnected App or your experience as a user of the BioConnected App, please do so by submitting a by sending an email to [email protected]

Changes to these Terms and Conditions

We reserve the right to change these terms and conditions at any time. If you use BioConnected App following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed.

We will take reasonable steps to let you know about any changes but you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.

Termination

Your right to use BioConnected App will continue until it is terminated by the Company or you close your account.

We reserve the right to suspend or terminate your right to use the BioConnected App if, at any time, you breach these terms and conditions.

Notices

Any notice we send to you will be emailed to the email address linked to your registration with BioConnected App.

General

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.

Published: 2017