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Website Terms of Use

This website is governed by these Terms of Use. The website is operated by Summatix Pty Ltd ACN 618 821 391 (Summatix)

In these Terms of Use, ‘us’, ‘we’ and ‘our’ means Summatix and any of our related corporate entities.

These Terms of Use apply to your access and use of the website. The Summatix Patient Management Platform, Web Application, and Mobile Application (together, the Summatix Services) are subject to separate terms and conditions. The terms and conditions for the SummatiX Services can be viewed and downloaded from the relevant service.

Acceptance of these website Terms of Use

By using this website, you accept these Terms of Use as updated from time to time. If you do not agree with these Terms of Use (including any amendments to these terms) you must immediately cease using this website.

We may update or amend these Terms of Use from time to time, without notice to you. You should check this page from time to time to make sure you are aware of any changes.

Website Content

We use reasonable endeavours to ensure that the information we include on this website is accurate and up-to-date. However, we cannot guarantee the accuracy, currency or completeness of the information provided and we accept no responsibility for errors in the content at any time. We do not guarantee that use of this website will be uninterrupted or errorfree, or that materials accessible on or through this website will be free from errors, viruses, worms or other harmful codes.

We reserve the right to alter, suspend or discontinue any aspect of the our site including your access to it.

Intellectual Property

The content provided by us on this website, including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of this website, is owned or licensed by Summatix and is protected by applicable copyright laws. Unless specifically permitted by us, you must only use the content of this website for your own personal and noncommercial purposes, and must not otherwise use, copy, reproduce, modify, publish or transmit the content without our prior written consent.

This website includes trademarks which are protected by law. You may not use any Summatix trademarks without our prior written consent, except to legitimately identify Summatix products or services.

Third party sites

This website may contain links or references to third party sites. We are not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.

Your use of this website

You agree to only use this website in accordance with these Terms of Use and applicable laws. You may be held personally liable for any unlawful use of this website.

You are solely responsible for any communications that you make to Summatix through this website and any other content or material which you post or upload to this website (including feedback, comments, suggestions, ideas or other information). You agree that Summatix may reproduce, distribute, use, copy, edit, create derivative works from, publish and communicate, and otherwise use and exploit such content for any purpose and without compensation to you.

You may link to the homepage of this website provided you do so in a way that accurately indicates that the link is to a Summatix website and is not misleading, derogatory or otherwise offensive.

If you think any content on this website is inappropriate or unlawful or infringes your rights, please contact us at info@summatix.com.

Privacy

Any personal information collected by us through your use of this website will be dealt with in accordance with our Privacy Policy. You can find our Privacy Policy at: privacy policy.

Children

This website and the Summatix Services are not intended for use by persons under the age of age of majority in the country, state or jurisdiction of residence relevant to the use of the website (e.g. in Australia: the age of 16; in the US: the age of 13), unless specifically stated otherwise. If you are under the age of majority, you must have the consent of your parent or legal guardian to use this website or the Summatix Services.

DISCLAIMER AND LIMITATION OF LIABILITY

WE USE REASONABLE EFFORTS TO MAKE SURE THAT YOU CAN ACCESS AND USE THIS WEBSITE AT ALL TIMES. HOWEVER, DESPITE OUR EFFORTS, THIS WEBSITE MAY NOT BE ACCESSIBLE AT ALL TIMES AND YOU MAY EXPERIENCE INTERRUPTIONS, DELAYS, ERRORS OR FAULTS IN YOUR USE OF AND ACCESS TO THIS WEBSITE. WE WILL NOT BE RESPONSIBLE TO YOU OR ANYONE ELSE IF THESE THINGS OCCUR. TO THE EXTENT PERMITTED BY LAW, ALL LIABILITY IS EXCLUDED FOR ANY LOSS (INCLUDING INDIRECT LOSS), DAMAGES OR INJURY (WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE OR ANY OTHER CAUSE OF ACTION, OR OTHERWISE) RESULTING FROM YOUR ACCESS TO (OR INABILITY TO ACCESS) OR USE OF THIS WEBSITE. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY RIGHTS OR REMEDIES YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE CONSUMER PROTECTION LAWS. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Governing law

For non-US users:

The terms of this website will be governed by and construed in accordance with the laws in force in Victoria, Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Although our Website may be accessed from 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.

For US users:

The terms of this website will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles, and you unconditionally submit to the exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California, for the purpose of litigating any dispute.

[We make no representation that the content complies with the laws of any state in the US. If you access this website from the US, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.]

Any dispute between you and us with respect to these terms that cannot be resolved by amicable discussion (including any question regarding its existence, validity or termination, or the application of the requirement to arbitrate claims), shall be resolved through binding arbitration in San Francisco, California, conducted in the English language in front of a single arbitrator in accordance with the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Last updated on 23 May 2019.