Australian ME/CFS and Long COVID Registry Platform Terms of Service
Version: 2.0 Updated: 07/06/2023
These are the Terms Emerge Australia (‘EA’) provides you with access to the Australian ME/CFS and Long COVID (AusME) Registry application, including all content on the platform (‘the Platform’). Please read these Terms carefully before using the Platform.
By clicking “I ACCEPT” or by continuing to the Platform, you agree to be bound by these Terms.
- Medical Emergencies: Do not use the Australian ME/CFS Registry for emergencies. If you have a medical emergency, call 000 immediately.
- Collection and use of your Data: The Platform collects and stores your personal data including and relating to, but not limited to, your identity, demographics, health, family history, symptoms you experience that are associated with myalgic encephalomyelitis/chronic fatigue syndrome, Long COVID, or other post infection disease, and medical treatments and interventions (‘Your Data’). The use of the Platform is voluntary. You agree to EA sharing Your Data with Approved Researchers and third parties dedicated to developing a greater understanding of ME/CFS.
- Age Limit: To use the Platform, you must be at least 12 years old. DO NOT use the Platform if you are under 12 years of age.
- Agent: If you are accessing or using the Platform on behalf of another person, who must be 12 years of age or older, you must have authority to accept these Terms on that person’s behalf. Both you and that other person are responsible to EA for the use of the Platform.
- Accounts: To use the Platform, you may need to create an account (‘Account’). You are responsible for maintaining the confidentiality and security of your Account password and for anything done using your Account. You agree to immediately notify EA if you suspect any security breaches related to the Platform or your Account. You agree that the Account information that you provide to EA at all times will be accurate, complete and current. Your failure to provide accurate Account information may result in inaccurate matching of information from your healthcare provider or laboratory. You may not use anyone else’s account at any time and you may not transfer or share your Account with anyone. To activate your Account, please provide EA with an email address and advise EA if you change that address.
- Messages: You consent to receive electronic communications from EA (e.g., via email, text message). These communications may include operational notices about the Platform. EA may send you promotional communications via email, including newsletters, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions.
- Feedback: EA welcomes comments, suggestions, ideas or other feedback. EA may use the ideas without any obligation to provide you with acknowledgement or remuneration of any kind.
- No Medical Advice: The Platform is not intended to provide you with healthcare services but is an informational and communication resource designed as a supplement to, and not a substitute for, the expertise, skill, knowledge and judgment of your healthcare practitioners. Do not rely on the Platform as a primary tool for communicating, gathering, storing, updating sharing or assessing health information including changes to your health status. You assume full responsibility for your use of the Platform and agree that EA is not responsible or liable for any claim, loss, or damage arising from your use of the Platform.
- Removal of Platform: EA may modify, suspend, or discontinue any aspect of the Platform including revoking your use of the Platform, at any time, without prior notice. You agree that EA shall not be liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Platform. In addition, EA reserves the right, at any time and for any reason, with or without notice, and without liability to you, to:
(a) restrict, limit, suspend or terminate your access to the Platform;
(b) monitor any user's use of the Platform to verify compliance with these Terms and/or any applicable law;
(c) investigate any suspected or alleged misuse of the Platform and cooperate with law enforcement and/or third-parties in such investigation; and (d) disclose information about any user's use of the Platform in connection with law enforcement investigation of alleged illegal activity, or in response to a legal requirement.
- Use of Platform: EA grants you a limited right to use the Platform for your personal, non-commercial use only, and for no other purpose. Except for this limited license granted to you, we reserve all other rights.
- Ownership: EA, or its partners, owns all content, functionality and code of the Platform. You may not (a) sell the Platform; (b) copy, reproduce, distribute, publicly perform or publicly display anything on the Platform; (c) modify the Platform in any way; (d) decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Platform; (e) use any data mining, robots or similar data gathering or extraction methods; or (f) use the Platform other than for its intended purposes.
- Internet charges: You are responsible for all charges (including data and messaging charges) related to your use of the Platform through your technology device. EA does not guarantee that the Platform is compatible with any particular operating system, browser, mobile device or other software or equipment.
- Your responsibility: You agree to indemnify EA from and against any and all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable lawyer’s fees and costs) related to all claims, causes of action, charges, and investigations, arising out of or relating to: (a) your access to or misuse of the Platform, or the Content;
(b) any Feedback you submit or transmit;
(c) your breach of any of these Terms;
(d) your conduct in connection with the Platform and/or
(e) your breach of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
- No warranty: You agree that your use of the Platform is at your sole risk. The Platform is provided on an ‘as is’ and ‘as available’ basis. To the extent permitted by applicable law, EA excludes all warranties of any kind concerning the operation, fitness for purpose or otherwise of the Platform. You agree that any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and that you will be solely responsible for any resultant damage or loss of data that occurs.
- No Liability: To the extent permitted under applicable law, in no event will EA be liable to you for any loss or damage, of any kind arising out of or related to your use of the Platform. Your sole remedy for any dispute arising out of or in any way related to access or use of the Platform, or any dissatisfaction with the Platform, is to stop using the Platform.
- Changes to these Terms: EA may change these Terms at any time. Any changes made are effective and binding on you when they are included in our Platform. Your continued use of our Platform will constitute your agreement to the changes we have made.
- Contact: If you have any questions about these Terms, please contact us via email at email@example.com or call the Emerge Australia office on 1800 865 321 (toll free).