Terms of Use
Note: these Terms of Use applies to the Program during the clinical trial phase where users are restricted to only those persons who have consented to participate in “The My Intelligent CArdiac (MICArdiac) Study” (“Study”).
Terms Of Use
MICArdiac (“Program”) is a messaging service provided by the University of Sydney (ABN 15 211 513 464) through the Westmead Applied Research Centre (“we”/“our”/“us”).
You have consented to participate in the The My Intelligent CArdiac (MICArdiac) Study” (“Study”). As a participant you will have received a Participant Information Sheet and Consent Form (“PIC”). These contain detailed information regarding the Program, how it works and the risks associated with your use of the Program.
The Program should never be used as a substitute for seeking professional medical advice or help.
Emergencies – In life threatening or emergency situations, please call Triple Zero (000) for Police, Fire or Ambulance. The Program is not suitable for use in such situations.
Please read these Terms of Use carefully. When you register for the Program, you are required to accept these Terms of Use.
1. Purpose
1.1. Nature – The Program is currently in development. It is designed to provide you with general health information, primarily in the form of one-way communication from us to you. The Program does not provide comprehensive or detailed health information.
We do not monitor the Program daily. If you send us a message that requires a response, please expect a delay of approximately 2 – 3 days. In some cases, you may be contacted by one of our health counsellors.
1.2. Personal Use only – The Program is provided for your own personal use and is not intended for and should not be used by any other person.
1.3. Advice – If you require or desire medical or nutritional advice, please contact a qualified healthcare professional (e.g. your general practitioner or specialist) or an accredited practising dietitian.
1.4. Contrary Advice – If any of the information in our messages contradicts recommendations or advice that you have received from a qualified healthcare professional (e.g. your doctor) or the like, their advice should take precedence to the general information that we provide.
1.5. Lawful use – you agree that any information or images that you collect or send through the Program will not be defamatory, offensive or breach any law.
2. Program
2.1. Disclaimers and liability – The Program is provided to you “as is” for your participation in the Study. You will have received a PIC with detailed information regarding any risks associated with your use of the Program. If you have any questions regarding the risks please contact [warc.micardiac@sydney.edu.au].
To the maximum extent permitted by law, we and our partners accept no liability for any loss or damage you (or any other person) suffer because you (or they) have directly or indirectly used the Program for purposes other than for the Study or contrary to any instructions you have received from us regarding your use of the Program.
2.2. Cost – We do not charge you for the Program. However, you are responsible for the payment of personal fees with your mobile phone carrier, including monthly subscription fees and fees for any messages that you send to us and, when relevant, costs associated with your use of GoogleFit or Apple Healthkit and Withings’s Health Mate and Mi Fit.
2.3. Withdrawal – You can withdraw from receiving the Program at any time by replying ‘STOP’ to any of our messages. Requests for withdrawal will be honoured as soon as possible and almost always within 5 business days. This will also end your participation in the Study. We may contact you to discuss the reasons why you chose to stop the Program.
2.4. Changes – We may change, suspend or discontinue, temporarily or otherwise, any or all of the Program at any time. All material changes to the Program will be reported to you as soon as practicable.
2.5. Third party support – To run the Program, third parties provide us with technical support including (but not limited to) the Australian software developer iMSX and Twilio for sending and receiving messages and webhosting provided by Amazon Web Services. If you allow us to do so, we will collect the following data from your wearable devices: blood pressure, step count, exercise duration and heart rate. We will receive this data from your preferred activity tracker GoogleFit or Apple Healthkit and Withings’s Health Mate. Some or all of these organisations will have access to your personal information as described in our Privacy Statement found at Privacy Policy – MICArdiac (sydney.edu.au). To the extent permitted by law, the University is not liable for the actions or omissions of our partner organisations or third party service providers.
3. Privacy and information security
3.1. Privacy – You acknowledge that you have read our Privacy Statement and those of the third party organisations listed in the Privacy Statement. By using the Program, you agree we can collect, store and use your information in accordance with our Privacy Statement and that our partner organisations and third party service providers can do so in accordance with their statements, where applicable.
3.2. Security – You also acknowledge that there is a risk to your privacy when messages are received on your mobile phone. This can be minimised by ensuring your phone or hand-held device has a secure passcode lock known only to you and the message preview function is disabled. If you discover or suspect a security breach has occurred in relation to your device or the Program, please urgently contact warc.micardiac@sydney.edu.au.
4. Intellectual Property
4.1. Ownership of Program – The University of Sydney through the Westmead Centre for Applied Research owns or controls the Program and any information shared with you in relation to the Program. We own and retain the copyright in the messages we send to you and all other intellectual property rights including design, logo, graphics and software which are owned or licensed to us. You agree not to copy, use, change or remove any copyrights or other intellectual property associated with the Program without our permission.
4.2. Restrictions – Except as permitted under clause 1.1 (Personal Use) or by law, you may not reproduce, modify, communicate or exploit any part of the Program.
5. General
5.1. Details – Please ensure that the details that you provided to us are accurate. If you lose your phone, are about to travel overseas or want to change your phone number, please call 02 8890 3125 or email (warc.micardiac@sydney.edu.au) during business hours and we will pause the Program or help you re-register with your new number.
5.2. Severability – If any part of these Terms is held to be invalid and/or unenforceable, that part shall be severed from these Terms, and the remainder of these Terms will continue to be valid and enforceable.
5.3. Entire Agreement – These Terms, together with the registration page and our Privacy Statement, constitute the entire agreement between you and the us regarding the Program. In the event of any inconsistency, these Terms prevail to the extent necessary.
5.4. Advice – Please seek independent legal advice if you have any questions or concerns about these Terms before accepting them.
5.5. Governing Law – These Terms are governed by and construed in accordance with the law in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
5.6. Amendment – These Terms may be amended at any time. The amended Terms will be posted on our website or otherwise provided to you. The Terms were last updated on 30 April 2021.
5.7. Termination – If the Program is suspended, discontinued or terminated the disclaimers set out under 2.1 and the following terms survive: sections 1.3, 1.4, 3.1, 4.1 and 4.2.
