Terms and Conditions
First Aid Skills Mobile Application
TERMS AND CONDITIONS FOR THE USE OF
FIRST AID SKILLS MOBILE APPLICATION
1. TERMS OF USE
St John Ambulance Western Australia of 209 Great Eastern Highway, Belmont WA 6104, postal Address: PO Box 183, Belmont WA 6104 (“SJA”/ “we” / “us”) owns and operates the St John Ambulance First Aid Skills mobile application (“the App”).
Your access to and use of the information, material and services provided on the App is conditional upon your acceptance of, and compliance with, these Terms and Conditions (“App Terms”) and SJA’s Privacy Policy which is available at http://www.stjohnwa.com.au/privacy-policy (“the Privacy Policy”).
By clicking “I agree”:
• you agree to be personally bound by these App Terms;
• you agree to be personally bound by SJA’s Privacy Policy; and
• you warrant that you are at least 13 years of age.
You are not authorised to download, install, access or use the App on any device unless you are at least 13 years of age. If you are aged under 13 and you wish to download, install, access or use the App, you must get prior consent from your parent or legal guardian before doing so and they must register to download/install the App on your behalf.
SJA reserves the right at any time to modify or discontinue (temporarily or permanently) the App, with or without notice to you. SJA shall not be liable on any basis, to you or to any third party, for any modification, suspension or discontinuance of the App.
The App is made available by SJA which is based in Australia. SJA makes no representations in relation to the appropriateness or availability for use of the App in other locations/jurisdictions. Access to the App and its content from territories where the Content or use is illegal is prohibited. If you choose to access the App and its Content from locations outside Australia you do so on your own initiative and you are responsible for compliance with all applicable local laws.
2. YOUR USE OF THE APP
With respect to your use of the App and its content, any footage recorded by SJA of your use of the App and all communications you make to SJA, including but not limited to feedback, questions, comments, ideas, suggestions, know-how, concepts and techniques etc (“the Content”), you acknowledge and agree that:
• You are responsible for any Content that you send to us or post on the App and you warrant that you created or have the necessary rights and permissions to submit the Content to the App and that in so doing you do not infringe any third party intellectual property, privacy or any other rights and you will not provide access to or link to any material which may infringe the intellectual property rights or other legal rights of another person or entity.
• By registering as a user of the App you consent to your receipt from SJA of emails and also push notifications on your mobile handset.
• You shall remain responsible at all times for any costs associated with any internet access used as a result of your use of the App.
• Your use of the App is for your own private and personal purposes. You are prohibited from any commercial use of the App. You will not advertise or promote any products or services on or in connection with the App without the prior written consent of SJA.
• You shall have no right of confidentiality in your Content and SJA shall have no obligation to protect your Content from disclosure. Your Content may be displayed on the SJA App or any website owned, maintained or authorised by SJA and may then be used and downloaded by other users.
• You waive any and all moral rights you may have in the Content and agree to SJA doing anything with your Content including such things that would otherwise constitute an infringement of your moral rights.
• SJA reserves the right (but is not obliged) to monitor and review all uses of the App and all Content and may in its sole discretion and without notice remove or edit Content or withdraw access to the App for whatever reason.
• You grant SJA a royalty-free, perpetual, world-wide, irrevocable and non-exclusive licence to the intellectual property rights in all Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish, communicate and display in any manner which SJA determines.
• You undertake not to bring the reputation of SJA, any employees of SJA or any other SJA App users into disrepute.
• You are prohibited from submitting any Content, or making any use of the App, that is that is illegal, offensive, discriminatory, harassing or threatening, abusive, defamatory or vilifying in any way or manner (including racially or sexually), obscene, pornographic or that includes indecent material of any kind and you will not behave in a way that could reasonably be perceived as predatory or soliciting of identifying information about or from a person under the age of 18 years.
• You agree that you will not post, submit or send any material to the App containing viruses, harmful codes or bugs and you further agree that you will not bypass or attempt to bypass the App’s security measures, or obtain or attempt to obtain email addresses, photographs or personal information of any third party.
You further acknowledge and agree that SJA has the right to suspend and terminate your use of the App and your membership of any services at any time if SJA believes that you have breached any of the above conditions of use.
3. REGISTRATION AND ACCOUNT
In order to use and access the App you will need to complete a registration form and agree to these App Terms and SJA’s Privacy Policy. When submitting the registration form you agree to only provide information about yourself that is true, accurate and current. The information you provide to SJA in the registration form will be used to give you access to the App. If your information is incorrect or incomplete, or SJA has reason to believe that the information is incorrect or incomplete, SJA may terminate your account and future use of the App without prior notice and without any liability to you.
When registering on the App, you will be provided with access to your account using a password. This password is personal to you and you must not disclose or let anyone else use your password or account. You agree that any access and use of your account with your password will be deemed to be access and use by you, including any purchases made through the App.
4. PAYMENTS
You agree to pay for all account services provided for a notified cost or otherwise purchased on the App and any other charges incurred in connection with your account or your use of the App.
When registering on the App for services that incur a charge you will need to choose a payment method. SJA will charge you the fee or fees as stipulated on the App at the time that you confirm your agreement to receive those services. All fees are payable in advance of receiving the services and in some cases continue to be payable on a periodic basis (i.e. annually, monthly, weekly) until your prescription to those services is notified to SJA as being cancelled and any termination period has then expired.
SJA reserves the right at any time to increase any fees or institute new fees upon reasonable prior notice notified through the App.
To the extent permitted by law, all purchases and account payments are final and no refund will be given for any unused portions of the use of your account.
5. APP PROVIDED “AS IS”
While every effort is made to ensure that the content of the App is accurate, the App is provided ‘as is’. To the full extent permitted by law, SJA makes no warranties or representations as to the accuracy, timeliness or completeness of the information contained on the App. Nothing in the App shall be taken as rendering professional advice of any kind, and in particular rendering medical advice of any kind. If you require any medical advice or care at any time you should contact your local doctor, or in any emergency attend your local hospital and/or telephone for ambulance assistance.
SJA does not warrant that the services that make the App available will be error, bug or virus free. It is your responsibility to make adequate provision against such threats.
6. THIRD PARTY WEBSITES AND CONTENT
The App may contain links to third party websites and services that are not owned or controlled by SJA. SJA has no control over and assumes no responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with or arising from the content or accuracy of information, privacy policies, or practices of any third party website or services. The provision of a link to a third party website does not constitute an endorsement or approval of that website or any product or services on that website. It is your responsibility to assess whether any information provided is appropriate for your circumstances.
SJA cannot guarantee control over Content submitted by you or other users of the App. We are not responsible or liable for any Content submitted by any user. We do not condone or endorse any Content submitted by users and we do not take any responsibility for the accuracy, legality or decency of such Content.
Any misconduct of other users or third parties on the App may be reported by emailing SJA on skills@stjohnwa.com.au We may in our sole discretion investigate your claim and take appropriate action if necessary.
7. PRIVACY POLICY
You agree that your personal information will be managed in accordance with our Privacy Policy which is available on the Website at http://www.stjohnwa.com.au/privacy-policy. The Privacy Policy explains what personal information we will collect about you, how we use that information, who we disclose it to, where it is stored, how you may access your personal information and how you may complain about a breach of the privacy laws.
When registering for the App you will be asked to agree to SJA’s Privacy Policy and to your personal information being used and/or disclosed in accordance with the Privacy Policy.
Your transmission of data over the internet will never be totally secure. All information transmitted to us is at your own risk. We will do everything we can to protect your data and the information you send to us, however, we do not warrant the security of such data or information.
The App may use cookies and other web-tracking tools to improve the content and functionality of the App. Please refer to our Privacy Policy for details on our use of these tools.
8. MEDICAL DISCLAIMER
The information provided on the App is not intended as and should not be used to replace specific professional medical advice (including advice on diagnosis, treatment or prevention of any medical condition) or for any therapeutic purpose. You acknowledge and agree that the App is an information service only. SJA is not responsible for any injury or loss that you may suffer as a result of following advice or training provided through the App.
At the completion of the App, you will be emailed a Certificate of Completion (“Certificate”). This Certificate solely acknowledges that you have completed the online course and does not in any way constitute that you are qualified or accredited by ASQUA or any other government managed accreditation body, to provide first aid treatment to patients. You warrant that you shall not at any time represent or infer that you are officially qualified to provide any form of medical assistance or emergency assistance as a result of being a user of the App.
If you have any specific health concerns, pre-existing medical conditions or questions regarding any medical condition you should consult a qualified medical professional. You are at all times responsible for seeking independent advice from your healthcare professional before acting on or following any information or material provided on the App.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR HEALTHCARE PROFESSIONAL BEFORE USING ANY OF THE INFORMATION ON THE APP THAT MAY HAVE ANY IMPACT ON OR RELEVANCE TO YOUR PERSONAL HEALTH OR THE HEALTH OF ANY OTHER PERSON.
At times the App will contain recommendations. These recommendations are only provided as general information. You should not rely on these recommendations. They are not provided as medical or professional advice or opinion. They naturally do not take into account factors specific to you and your circumstances, or the circumstances of others. You should always seek your own advice on any health or fitness related matters from healthcare professionals. To the full extent permitted by law SJA hereby avoids liability and/or responsibility for any adverse outcomes that might arise, directly or indirectly, from any recommendations on the App.
You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information or instructions provided to us by you in connection with the App, or any actions taken by us at your direction.
9. LIMITATION OF LIABILITY
SJA, including its employees, agents and sub-contractors, shall not be responsible or liable for any direct, indirect, special, exemplary, incidental, consequential, punitive or other loss, costs, expenses or damages of any kind, or any damages whatsoever, including but not limited to those resulting from loss of profit, loss of contract, goodwill, data or information, loss of savings, business opportunities or revenue, whether or not advised of the possibility of such damage, arising out of or in connection with your use of and/or reliance on the content of or services on the App, or any linked websites, regardless of whether liability is based on breach of contract, tort (including negligence) or warranty, arises under a statute or any other legal basis for liability.
Any implied terms, conditions or warranties are excluded to the full extent permitted by law.
In the event any implied terms, conditions or warranties are contained in legislation that cannot be excluded, such term, condition or warranty will be deemed to be included, however, SJA’s liability in such situations will be limited to either repairing, replacing or supplying (or paying for the repair, replacement or supply of) goods equivalent to the goods to which the breach relates, or re-supplying or paying for the re-supply of services in case of any breach relating to services.
SJA’s liability regarding claims under these App Terms (whether in contract, tort, negligence or as a result of statutory liability or otherwise) shall be limited to the total amount of all fees paid by you as a user of the App to the extent permitted by law. Liability arising under a statute which cannot be lawfully excluded is not excluded by these App Terms.
10. INDEMNITY
You agree to indemnify SJA, its employees, its officers, its agents and its subcontractors against any third party claims and any and all losses, expenses or damages and costs (including reasonable legal fees) suffered or incurred by us and arising out of your breach of any of these App Terms in your use of the App.
11. INTELLECTUAL PROPERTY
Material on the App including but not limited to text, video, audio, graphics, icons and images are owned or licensed by SJA, are protected by copyright law and are copyrighted to SJA unless otherwise credited. The names, logos and trademarks are the property of their respective owners. No names, logos or trademarks on the App may be used without the prior written consent of SJA or their respective owners.
As a user of the App you have been granted a limited, personal, non-exclusive, non-transferable and revocable license to use the content of the App for your personal and non-commercial use and for no other purpose. To the full extent allowed by law, you agree and acknowledge that you will not reproduce, re-use or distribute any part of or any Content on the App without the prior written consent of SJA.
12. BREACH OF USE
Any breach of these App Terms by you will result in the use of your account and/or access to the App being terminated immediately and without prior notice. You agree that all terminations are made in SJA’s sole discretion and that SJA has no liability to you or anyone else for the termination of your account or use of the App.
Termination by SJA may occur in the following circumstances:
a) A breach or violation of these App Terms or any other policies or guidelines of SJA and/or the App;
b) Any non-payment of fees owed by you to SJA in relation to the App;
c) Receipt of a request from a law enforcement or other authorised government entity;
d) SJA deciding in its sole discretion to discontinue the App;
e) Technical or security issues with the App;
f) A request by you to terminate your account or use of the App; and
g) Any other circumstances in which SJA deems it necessary to terminate the account and/or your use of the App.
Consequences of termination of your account and/or use of the App include:
a) No access to any offerings on the App;
b) Deletion of all your information, files and Content within your account;
c) Barring from future use of the App; and/or
d) To the extent permitted by law, no refund for any unused portion of the use of your account or your access to the App.
13. AMENDMENTS TO THESE APP TERMS
These App Terms may be revised and updated from time to time by SJA without notice to you. You can review the current version of the App Terms at any time on the SJA Website. If there are major changes to the App Terms that could adversely affect you (as determined by us in our sole discretion), then we will provide you with additional notice via email to the email address provided by you when you register with the App. Without limiting our right to provide notice by any other means, you will be deemed to have received notice of any changes upon us notifying amendments on the App, and you will be deemed to have agreed to any such amendments to the App Terms when you next use the App.
14. SEVERANCE
You agree that if any of these App Terms are found to be unenforceable under any applicable law, the unenforceability of that term shall not have any bearing or impact on the enforceability of any of the other Terms and Conditions and, where applicable, the unenforceable term or terms shall be automatically amended by operation of this clause, to the minimum extent required, so as to make it or them enforceable.
15. GOVERNING LAW
These App Terms shall be governed by and construed in accordance with the laws of Western Australia.
16. DISPUTE RESOLUTION
You agree to submit to the exclusive jurisdiction of the courts of Western Australia and any courts hearing appeals from those courts to resolve any dispute between the parties arising under or in connection with these App Terms.
The Parties to these App Terms hereby irrevocably agree to first seek to resolve any disputes arising from the meaning of or performance of these App Terms, following written notification of any dispute to the other party, via a face to face meeting or alternatively via a telephone conferral between suitably authorised representatives of both parties to be conducted within 14 days of a written notice of dispute being provided by the aggrieved party that also contains the necessary contact details to allow the aforementioned meeting or telephone conferral to be arranged.
Neither party shall issue any Court or tribunal proceedings or other formal complaint process prior to the full and bona fide performance of the above dispute resolution process.
17. SURVIVAL
Clauses 2 (Your use of the App), 8 (Medical Disclaimer), 9 (Limitation of Liability), 10 (Indemnity) and 11 (Intellectual Property) shall survive the termination and/or expiry of this agreement.
Last modified: October 2018