TERMS AND CONDITIONS– CBS (Composite Balance Score) CONCUSSION PRO Web App
Please take a moment to review our below Terms and Conditions:
1. Definitions and Interpretation
1.1 In these Terms and Conditions unless the context requires:
App means the CBS Concussion PRO App.
Business Day means a day on which banking institutions generally are open in Brisbane, 1Queensland but excluding Saturdays, Sundays and public holidays in Brisbane, Queensland.
Intellectual Property means
(a) all intellectual property and other proprietary rights (including without limitation all copyright and trade mark rights) however arising and wherever existing, whether registered or unregistered, relating to the App and Site; and
(b) any rights to registration of such rights created in both Australia and elsewhere.
Subscription order means the subscription to the App.
Service/s means any services provided by MEDIsoTECH, including but not limited to marketing services.
Site means the MEDIsoTECH website being www.medisotech.com.au.
1.2 References to “we”, “us” or “our” are references to MEDIsoTECH and its subsidiaries, associates, and officers unless otherwise stated.
2. General
2.1 MEDIsoTECH ABN 12 345 567 899 (MEDIsoTECH) owns and operates the Site.
2.2 The Site is a web application where you can browse, select and make a Subscription order for the App on the Site from MEDIsoTECH. The Intellectual Property of the App and Site is owned or licensed by us.
2.3 Your access to the Site is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of, and access to the Site constitutes your agreement to these Terms and Conditions.
2.4 If whole or part of any clause in these Terms and Conditions is illegal, unenforceable or void, the remainder of the Terms and Conditions has full force and effect and enforceability.
3. App
3.1 Images
Please note that while we try to ensure the images of the App are as accurate as possible, the colours may vary slightly from what they are.
3.2 App Information and descriptions
Any information, advice, recommendation, specification, description, drawing, illustration or dimension (App Information) provided by MEDIsoTECH in relation to the App is given in good faith and is believed by MEDIsoTECH to be reliable and appropriate.
4. Prices and other charges
4.1 All references on the Site to $ and dollars are to Australian currency.
4.2 All pricing includes Goods and Services Tax unless otherwise indicated.
4.3 A processing fee may also apply for the Subscription to the App. These fees are in addition to quoted prices on the Site.
5. Placing a Subscription order to the App
5.1 To place a Subscription order to the App you will need to select and submit your Subscription order through the Site in accordance with these Terms and Conditions.
5.2 Prior to placing a Subscription order you will need to complete the customer registration process through the Site.
5.3 When you place a Subscription order through the Site, this is an offer by you to make a Subscription order to the selected App for the indicated price (including taxes and other changes) at the time the Subscription order is placed.
5.4 To enable us to place the Subscription order , we may require additional details from you or require you to confirm your details.
6. Acceptance or rejection of a Subscription order
6.1 MEDIsoTECH reserves the right to accept or reject your Subscription order for any reason including:
(a) if the App is not available for sale; or
(b) if there is an error in the price or the App description posted on the Site or in your Subscription order; or
(c) any other reason.
6.2 Each Subscription order placed with MEDIsoTECH for the App is considered a separate binding agreement between you and MEDIsoTECH. For each Subscription order we accept, we will supply the App in accordance with these Terms and Conditions.
6.3 If your Subscription order is rejected then we will endeavour to notify you of that rejection at the time you place the Subscription order or within a reasonable time after the Subscription order is submitted.
7. Cancelling a Subscription order (by us)
We may cancel a Subscription order to the App without any liability to you for that cancellation if:
(a) the requested App is not available; or
(b) there is an error in the price or the App description posted on the Site; or
(c) that Subscription order has been placed in breach of these Terms and Conditions.
8. Cancelling a Subscription order (by you)
8.1 You may cancel your Subscription order to the App at any time and at your own discretion.
8.2 Unless otherwise specified, all risk in the App will pass to you on purchase. From the time the risk passes to you, MEDIsoTECH will not be liable for any destruction or loss of the App or its associated data.
9. Your obligations
9.1 You warrant that:
(a) all information provided by you to us is complete, accurate and up to date;
(b) the person subscribing to the App at the specified billing address is authorised by you to do so;
(c) you will comply with all relevant laws in relation to your use of the Site including placement of an Subscription order with us;
(d) you will ensure that you login details (including password) are kept in a safe and secure manner;
(e) you will notify us if you are or become aware that there has been unauthorised use of your account;
(f) you will advise us of any changes to your information provided to us in the registration process.
9.2 You agree that you will not:
(a) use the Site for any activities that will infringe any third party’s rights, or breach any laws, regulations or other industry standards;
(b) use the Site in a way that interferes with other users or customers use of the Site;
(c) make fraudulent purchases, requests or enquiries through the Site;
(d) impersonate another person or use their details without their permission when using the Site;
(e) transmit, or post any obscene, defamatory, indecent, or pornographic material on the Site;
(f) hinder the operation of the Site;
(g) knowingly transmit viruses, worms, defects, trojan horses, or similar disabling or malicious code to the Site;
(h) use any spider, robot, site search and retrieval application or other mechanism to retriever or index any portion of the site;
(i) modify any part of the Site; or
(j) attempt any of the above acts or engage another person to do any of the above acts.
10. External links
10.1 The Site may contain links to third party websites not operated by MEDIsoTECH or related to MEDIsoTECH.
10.2 You acknowledge and agree that:
(a) these links do not indicate (expressly or impliedly), that we endorse the external site or its products or services; and
(b) you access those sites solely at your own risk.
10.3 MEDIsoTECH has no control over these sites and will not accept any responsibility or liability for any loss or damage suffered by you arising from or cause by any linked site.
11. Viruses, faults and defects
11.1 You acknowledge and agree that–
(a) MEDIsoTECH does not claim that any information or files contained on the Site are free from viruses or other defects and faults;
(b) MEDIsoTECH has no responsibility or liability to you or any other person for any loss or damage (direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the result of any such information; and
(c) you are responsible for scanning any information and files contained on the Site for viruses.
11.2 If MEDIsoTECH is found to be liable, this will be limited to the cost of supplying the information again.
12. Advertising Content
12.1 We may display advertising, sponsored or commercial content (collectively Advertising Content) on the Site, and you herby agree that MEDIsoTECH may place such Advertising Content on the Site. The mode, manner and extent of the Advertising Content may change from time to time without specific notice provided to you.
12.2 Some Advertising Content displayed on the Site may be based on information collected from tracking technologies. These technologies are used to find tune the Advertising Content to the App and services that better suit your needs.
13. Intellectual Property
13.1 You acknowledge and agree that:
(a) the copyright in the Site including but not limited to the software design, text, graphics, layout and material (the Material) on the Site are owned or licenced by us; and
(b) you must not change, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public the Material without prior written consent.
13.2 You acknowledge and agree that:
(a) you must not assert any right to or over the Intellectual Property in any manner;
(b) take or appropriate any Intellectual Property as your own;
(c) take any action which would or might invalidate, challenge, oppose or otherwise put into dispute the title or any other legal right to the Intellectual Property;
(d) you must not use any of the Intellectual Property without writing, requesting and being provided written consent by us;
(e) you must not use any of the other Intellectual Property for third parties listed on our Site without obtaining the relevant third-party owner’s written consent; or
(f) cause, permit or assist any other person directly or indirectly to do any of the above acts.
14. Disclaimer
There may be instances where content the Site contains errors (including typographical), inaccuracies, or omissions that may relate to the App descriptions, pricing and availability. To the full extent permitted by law, MEDIsoTECH reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.
15. Complaints
15.1 If you have a complaint please contact us at orders@medisotech.com.au
15.2 We will use our best endeavours to respond to your complaint within fourteen (14) Business Days.
16. Changes to Terms and Conditions
MEDIsoTECH reserves the right to, at any time:
(a) amend, update, change or remove any part of the Site;
(b) suspend or restrict your access to the Site if you are in material breach of these terms; and
(c) stop or suspend operation of the Site.
17. Privacy
MEDIsoTECH is bound by the Privacy Act 1988 (Cth). See our Privacy Policy for more information on how and why personal information is collected, used, held and disclosed.
18. https://cbscore.com.au/concussion/privacy-policy/Warranty and Liability
18.1 MEDIsoTECH does not warrant that its App and Services will be suitable for any particular purpose.
18.2 In consideration for being given access to the Site, you release and forever discharge MEDIsoTECH, its employees, servants and agents from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether indirect, direct, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of the MEDIsoTECH, Site, Services, App or any of the links provided on the Site or reliance by you or any person upon information contained or downloaded from this Site.
18.3 All implied warranties are excluded to the full extent permitted by law.
18.4 MEDIsoTECH’s liability and that of its employees, servants or agents for any breach of any warranty or condition implied by law or other, and which cannot be excluded is limited to the extent possible, at MEDIsoTECH’s option to:
(a) the supply of the relevant Web App and Services again;
(b) restoration of any Web App; or
(c) payment of the cost of having the Web App or Services supplied again.
19. Severability
If any provision of these Terms and Conditions is deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the enforceability of any other provision of these Terms and Conditions.
20. Governing Law
These Terms and Conditions will be governed, read and construed in all respects with the laws of the State of Queensland, Australia.
21. Entire Agreement
21.1 These Terms and Conditions constitute the entire agreement of the parties and supersedes all prior understandings, negotiation, agreements, written or oral, express or implied.
21.2 No waiver or breach of any term of these Terms and Conditions shall constitute a precedent or a waiver of any succeeding or other breach of the same.