Terms and Conditions

Prepare Me App TERMS OF USE

By downloading or installing this application or registering a user account, you are entering into a legally binding agreement with Prepare Me Pty Ltd (ABN 67 630 989 785) (Prepare Me, we, us and our) to use the Prepare Me Application (Prepare Me App). In consideration of your access to and/or use of the Prepare Me App you agreed to be bound by and abide by the terms and conditions set out in these Terms of Use (Terms). If you do not agree to these Terms then you should cease using and uninstall the Prepare Me App immediately.

Eligibility

The Prepare Me App may only be used by individuals aged 18 years or older. If you are 13 years or older, but under the age of 18 years, you should review these Terms with your parent or guardian to make sure you and your parent or guardian understand them.

Privacy notice – personal information collection statement

We collect your personal information in order to provide you with access to the Prepare Me App in respect of information required around individual rehabilitation requirements, to operate the Prepare Me App and for purposes otherwise set out in our Privacy Policy found at LINK.

The information you provide will be collected by or on our behalf and will only be disclosed to third parties in accordance with our privacy policy.

We handle personal information we collect and hold about you in accordance with our Privacy Policy and our Privacy Policy forms part of these Terms.

If you would like more information about how we collect, handle, use and disclose your personal information, how to access and correct the personal information we hold about you, how to make a complaint (including how we handle complaints), please see our Privacy Policy or email info@prepareme.com.au

1. About Prepare Me

The purpose of Prepare Me is to provide a mobile app for individuals who have an illness, injury or disability to use during their rehabilitation and daily life. The Prepare Me App is designed to support independent living and development of life skills by using reminders, messages and visual or voice tools to manage appointments and daily tasks. The following can be done on the platform:

• User registration and login.
• Ability to access external information sources.
• Ability to load information onto the app.
• Extra accessibility features such as text size, contrast etc.
• Accessible by phone and tablet.
• Can be accessed in Apple and Android Store.

 

HEALTH PASSPORT

• Ability for the client to add their complete details.
• Ability to add health professional’s details.
• Notes in my account about my condition and rehabilitation.
• Link to MyHealth Record.
• Ability
• Ability to read with screen reader for people with vision impairment.

 

2. Registration of user accounts

2.1 You will need to register for a user account in order to access the Prepare Me App.

2.2 In order to register a user account, you must be a natural person and be at least 18 years of age.

2.3 When registering a user account you must provide accurate, complete and up-to-date information as requested on the registration page of the Prepare Me App. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your user account on the Prepare Me App.

2.4 By registering a user account, you consent to Prepare Me Pty Ltd and its contracted service providers sending messages in respect of your Prepare Me Inbox. Prepare Me may send a messages notification to your nominated mobile phone number or nominated email address when a new message is sent to your Prepare Me Inbox. It is your responsibility to ensure that you read all messages sent to your Prepare Me Inbox.

2.5 We are under no obligation to check that any instruction or confirmation made through the Prepare Me App is from you.

2.6 You acknowledge and agree that:

(a) you are solely responsible for all activities that occur on your user account (including for all communications made, and information and documentation submitted, to Prepare Me on your user account), whether authorised or unauthorised; and
(b) that you will keep your user account (including password) secure and confidential;
(c) you are solely responsible for ensuring that all messages in your Prepare Me Inbox are read and (where required) responded to in a timely manner;
(d) that you will immediately notify us of any unauthorised use of your user account or password or any other breach of security, including but not limited to your device being lost or stolen or your password or other account details becoming known to another person.

2.6 You must change your password regularly and must notify us if the confidentiality of your password is compromised.

2.7 We shall not be responsible for any losses arising out of the loss or these of any information transmitted from or stored on a device from unauthorised or fraudulent use of the Prepare Me App.

 

3. Intellectual property rights

3.1 You grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, adapt, modify, communicate and publish all content that you submit to or through the Prepare Me App. You warrant to us that you have the necessary rights to grant this licence.

3.2 Subject to section 3.1, and unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content in connection with the Prepare Me App. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Prepare Me App for any other purpose. All trade marks appearing on the Prepare Me App belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

3.3 Prepare Me is not required to provide any documentation, support, enhancements or updates to the Prepare Me App.

 

4. Restrictions on use

4.1 You agree to only use the Prepare Me App in accordance with these Terms and applicable laws. Without limiting the previous sentence, you must not:

(a) use the Prepare Me App (or any content and/or services provided or made available through the Prepare Me App) for any purpose other than as permitted by these Terms;
(b) remove or tamper with any copyright notices on the Prepare Me App;
(c) disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from the Prepare Me App (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));
(d) copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from the Prepare Me App, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content;
(e) incorporate the Prepare Me App in any product to be made available commercially (unless we expressly agree otherwise with you); or
(f) attempt to gain unauthorised access to the Prepare Me App or any of its computer network or user accounts.

4.2 You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the Prepare Me App, or in any other manner whatsoever corrupt, degrade or disrupt or limit the functionality of the Prepare Me App.

4.3 You must not (nor permit a third party to) upload or submit any data or information to or via the Prepare Me App (or provide us with any data or information in connection with Prepare Me), nor otherwise use the Prepare Me App:

(a) to engage in any activity which is fraudulent or deceptive, breaches any law, infringes a third party’s rights, or in a manner which interferes with the rights of any other person;
(b) to infringe the intellectual property rights (including trade marks and copyright) of Prepare Me or any third party;
(c) in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal;
(d) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any person;
(e) to launch any automated system, including without limitation “spiders” or “robots” to access the Prepare Me App or any content or data held on the Prepare Me App; or
(e) in any way that constitutes misuse, or resale or other commercial use, of the Prepare Me App (or any content and/or services provided or made available through the Prepare Me App).

 

5. Links to other Sites

We will publish links to other third party sites on the Prepare Me App. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person. It is your responsibility to ensure that you comply with any third party terms, and that you are aware of any third party policies (including privacy policies) that may apply to you, in conjunction with these Terms.

 

6. Disclaimers

6.1 The Prepare Me App, and all content and/or services provided or made available through the Prepare Me Appp, are made available to you on an ‘as is’ and ‘as available’ basis.

6.2 You acknowledge and agree that to the extent possible under the law, and subject to section 11, we disclaim all warranties and conditions, express or implied, including any warranties or conditions that the Prepare Me App is merchantable, of satisfactory quality, fit for a particular purpose or need or that the use of the Prepare Me App is in compliance with applicable laws or that information transmitted in connection with the Prepare Me App will be successfully, accurately or securely transmitted. Furthermore, we make no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of the Prepare Me App. We will not be liable if the Prepare Me App (or any content submitted to, provided on or made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if the Prepare Me App (or any services provided or made available through it) are unavailable for any reason, including directly or indirectly as a result of:

(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b) negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
(c) maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of the Prepare Me App;
(d) any events beyond our control; or
(e) services provided by third parties ceasing or becoming unavailable.

6.3 You also acknowledge and agree that to the extent possible under the law, and subject to section 8, we do not represent, warrant or guarantee that the Prepare Me App is non-infringing, free from computer viruses or any other defect, fault or error or harmful program which may affect your software or systems or able to operate on an uninterrupted basis. You should protect your software and systems by installing and implementing your own security and system checks.

 

7. Indemnity

You indemnify us (and our directors, employees, agents, officers, and all our subsidiaries and their respective directors, employees, agents and officers) against all loss, actions, proceedings, cost, fine, penalty, liability and expenses (including legal fees), claims and damages (Damages) arising directly or indirectly out of or in connection with:

(a) a breach of by you of these Terms;
(b) any negligent or fraudulent act, error or omission by you;
(c) the use of your user account by you or any third party;
(d) the publication or transmission of any information that you provide to us for inclusion in the Prepare Me App (including any Damages sustained or incurred by us in connection with complaints or claims relating to any such information);
(e) loss of or damage to any property or injury to or death of any person caused by any act or omission by you; or
(f) any claim by a third party against us relating to:

• (i) your use or misuse of the Prepare Me App (or use or misuse by any person who accesses Prepare Me using your user account); or
• (ii) any information that you provide to us via the Prepare Me App.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate and assist with asserting any available defences. In the event of a third party claim relating to the Prepare Me App or that use of the Prepare Me App infringes a third party’s intellectual property rights, we will solely be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

 

8. Consumer guarantees

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.

 

9. Exclusion of liability

Subject to section 11 and to the extent permitted by law, in no event will we, nor our directors, employees, agents, officers or any party involved in creating, producing or delivering the Prepare Me App be liable for direct, indirect or consequential, special, incidental or exemplary damages, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss or corruption of data, loss of use of data or loss of anticipated savings or benefits, inability to use the Prepare Me App or device malfunction), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person including without limitation:

(a) in connection with or in any way relating to Prepare Me or any content and/or services provided or made available through the Prepare Me App, including:

• (i) in connection with any disruption to or unavailability or failure of the Prepare Me App or interference with or damage to computer systems or other electronic devices;
• (ii) in connection with errors, omissions or inaccuracies contained in any information published on or available via the Prepare Me App;
• (iii) as a result of any fraudulent use, misuse or misappropriation of any user account; or
• (iv) as a result of any act committed by another person in connection with your use of the Prepare Me App or any content and/or services provided or made available through the Prepare Me App;
• (v) any bugs, viruses, Trojans, or the like (regardless of the source of origination);
• (vi) any third party software and services linked to or embedded in the Prepare Me App;
• (vii) the suspension or loss of access to the Prepare Me App or any functionality;

(b) arising from any circumstance beyond our control; and
(c) otherwise under or in connection with these Terms.

 

10. Variation, suspension and termination

10.1 Without prejudice to any other rights or remedies that we may have against you under these Terms or at law, if you breach any provision of these Terms, we may, by giving you written notice, terminate these Terms and disable your access to the Prepare Me App, without any liability to you. Any failure or delay in taking such action does not constitute a waiver of our rights to enforce these Terms.

10.2 We may:

• (a) change all or part of the Prepare Me App (including the availability of any feature or content) or suspend access to the Prepare Me App at any time for any reason, without having to give you notice;
• (b) impose limits on certain features or restrict your access to all or part of the Prepare Me App, without having to give you notice;
• (c) terminate your access to and use of the Prepare Me App (including your user account) without cause by giving you 14 days prior written notice.

10.3 Where Prepare Me suspends or terminates your access to and use of the Prepare Me App (including your user account), you are not permitted to create a new account to circumvent the suspension or termination.

10.4 You may delete the Prepare Me App and close your user account at any time by sending an email to info@prepareme.com.au

 

11. Apple specific terms and conditions

In addition to your agreement to be bound by these Terms, you further acknowledge and agree to the following provisions with respect to your use of the version of the Prepare Me App that is compatible with the iOS operating system of Apple Inc. (Apple):

(a) Apple:

(i) is not a party to these Terms and is not responsible for the Prepare Me App nor the content contained in the Prepare Me App;

(ii) is not responsible for providing any maintenance or support services in respect of the Prepare Me App and has no obligation whatsoever to furnish any maintenance or support services in respect of the Prepare Me App;

(iii) is not providing any warranties for the Prepare Me App, except if applicable, to refund the purchase price for it;

(iv) is not responsible for addressing any of your claims in relation to the Prepare Me App, including:

• (A) product liability claims;
• (B) claims relating to a failure of the Prepare Me App to conform with any legal or regulatory requirement; or
• (C) claims arising under consumer protection legislation; and

(v) is not responsible for any claim that the Prepare Me App, or your possession or use of the Prepare Me App, infringes any third party’s intellectual property rights, nor is Apple responsible for the investigation, defence, settlement or discharge of any such claim. Any inquiries or complaints relating to the use of the Prepare Me App, including those pertaining to intellectual property rights, must be directed to us.

(b) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, from the time you register a user account for the Prepare Me App, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you. Our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms, however, is not subject to the consent of any third party.

(c) The licence you have been granted under these Terms is limited to a non-transferable license to use the Prepare Me App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service.

12. Comments and complaints

If you are having difficulties accessing the Prepare Me App or would like to lodge a query or complaint, please contact us at info@prepareme.com.au. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.

 

13. General

13.1 We may change these Terms, the format, content and/or functionality of the Prepare Me App from time to time. If we reasonably consider that any change to these Terms is likely to:

(a) benefit you or have a neutral or minor detrimental impact on you or that are required to reflect changes to applicable law, we may change these Terms by making such changes immediately without notifying you except by publishing these Terms as amended on Prepare Me; or
(b) have a significant detrimental impact on you, we will make such changes to these Terms no sooner than 10 days after we have notified you of those changes on the home page of Prepare Me and, in the case of changes related to fees, by email to the email address provided as part of your account registration.

Continued use of the Prepare Me App following publishing of these changes, or notification of such changes (where applicable), will constitute acceptance of such changes or modifications. If you do not accept a change made by us to these Terms, you must immediately cease using the Prepare Me App and close your user account by sending an email to info@prepareme.com.au

13.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

13.3 If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.

13.4 These Terms will be governed by and construed in accordance with the laws in force in Victoria, and you unconditionally submit to the jurisdiction of the courts of Victoria. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.

13.5 These Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).

13.6 All provisions of the Terms that by their nature should survive termination will survive termination including, without limitation, intellectual property ownership provisions, indemnities and limitations of liability.