Terms of Service

Terms of Service and Acceptable Use

Terms of service

These Terms of Service (“Terms”) govern your access to and the use of the Aurabox Pty Ltd ACN 651 225 606 (“Aurabox”, “we”, “us”, or “our”) website located at https://aurabox.cloud (“Website”) and any associated platform, software, tools, features, or functionalities provided on or in connection with our services, including without limitation our services to access and use the Website and other platforms to view, generate, upload, store and disclose personal health information (collectively, the “Service”).

For the purposes of these Terms, “user”, “you” and “your” means you as the user of the Service. If you use the Service on behalf or in connection to a company or other entity, then the terms “user”, “you” and “your” means you and that entity, and includes its directors, agents, subcontractors and employees, as applicable.

Please read these Terms carefully as they contain important information and affect your legal rights. By clicking to accept and/or accessing or using our Service, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

1. Accessing the Service

You must give us all relevant information required to facilitate your registration on the Website so that you may access our products, technologies and the Service (collectively, the “Products”), including your identity and contact details, billing details, address and any other information which may affect or assist our ability to provide access to the Service.

You must keep us updated and inform us of any changes to the information you have provided to us.

We will collect, access, use and disclose your personal information in accordance with our Privacy Policy, which can be found here https://aurabox.cloud/privacy-policy.

Your account on Aurabox will be associated with your medical and personal information that is provided to us. By using the Website in connection to the Service, you agree that any information given to us is in accordance with these Terms and any other terms or policies notified to you by us or any other applicable providers.

As a condition for your use of the Service, you warrant to us that:

• you are at least 18 years of age;
• you possess the legal authority to create binding legal obligations;
• you will use the Website in accordance with these Terms; and
• all information supplied by you to us is true, accurate, current and complete.

If you use the Service on behalf of a company, you represent and warrant that:

• you are an authorised representative with the authority to bind the entity to these Terms; and
• you agree to these Terms on the entity’s behalf.

Aurabox may require you to provide additional information and documents in certain circumstances, such as at the request of a government authority, as any applicable law or regulation requires, or to investigate a potential violation of these Terms. In such cases, Aurabox, in its sole discretion, may disable your account and block your ability to access the Service until such additional information is provided to Aurabox.

If you do not provide complete and accurate information, Aurabox may refuse to provide or restore your access to the Service.

We will ensure that we maintain the operation of the Website and any other platforms to ensure that they are in good working order, subject to internet and network connection issues which are beyond our control.

The Service provided to you is not exclusive to you and we may provide similar services to other users of the Website and any associated platform.

2. User Conduct

You represent and warrant that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and data, while accessing or using the Service and the Website.

You must use the Service and the Website for the purpose of uploading, storing, accessing and disclosing health information with health practitioners and patients.

When using the Service and the Website, you must not:

• use it for any purpose or in any other manner other than as permitted by these Terms;
• use or attempt to use another user’s account without consent;
• allow any other person to access your own account;
• use it for any fraudulent or illegal purposes or distribute any viruses or other technology that may harm us, the Website or other users;
• distribute spam or send unauthorised advertising to other users;
• reproduce, make error corrections to or otherwise modify or adapt the Website;
• disseminate any software that could damage, disable, overburden, or impair the functioning of the Service in any manner;
• disassemble or reverse engineer the Website or permit any third party to do so;
• modify or remove any copyright or proprietary notices on the Website;
• bypass or ignore instructions that control access to the Service;
• circumvent or manipulate any fees owed or the billing process;
• use the Service or data collected from the Website for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
• knowingly or negligently use the Website or the Service in a way that disrupts our networks or any other service Aurabox provides;
• act in a manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service;
• use the Website or its associated services to harass another group or individual;
• use the Website or its associated services to transmit or publish any material that is indecent, obscene, fraudulent or unlawful;
• harvest, collect or gather user data without the user’s consent or except as permitted by these Terms; or
• use the Website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

You must comply with all of our usage guidelines, directions and policies as notified to you from time to time.

The provision of the Website and associated platforms does not include the provision of a computer, mobile telephone, handheld device or other equipment to access the Website and associated platforms. To use the Website, you will require internet connectivity. You acknowledge that the terms of agreement with Your internet provider will continue to apply when using the Website. As a result, you may be charged by your internet provider for access to network connection services for the duration of the connection while accessing the Website or any third party charges that may arise, and you accept responsibility for all such charges.

3. Fees

You must pay to us the fees for use of the Website and the Service in accordance with the costs advised on the Website (“Fees”). The Fees are due and payable on a monthly basis.

You authorise us to charge your credit card for payment of the Fees on a monthly basis, with payment made via a secure payment gateway to process transactions and credit card details.

Unless explicitly stated otherwise, all amounts payable under these Terms are expressed inclusive of GST.

In respect of any taxable supply, you must pay to us an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as the Fees, subject to the receipt by you of a valid tax invoice.

We may change the Fees from time to time by 14 days’ notice on the Website.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

4. Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any intellectual property rights.

You acknowledge that we own all intellectual property rights in the Website and Service and warrant that you will not undertake any action that infringes our intellectual property rights.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal licence to access and use the Service. The grant of this licence is subject to your compliance with these Terms.

You acknowledge that the Website and its component may contain software licensed from third parties. All rights in and to any such third party website are reserved by and remain with the applicable third parties. You agree that such third parties may enforce their rights under these Terms against you directly in their own capacity.

You must not directly or indirectly do anything that would or might invalidate or put in dispute our title in the website or any of our registered or unregistered trade marks.

You retain ownership of your health information and other material which you upload and store using the Service. You grant us a limited, royalty-free, non-exclusive licence to access and use your materials for the purpose of providing you with the Service and any other purposes permitted by these Terms.

5. Termination

If you breach any of the provisions of these Terms or any of our policies, we may suspend or terminate your right to use the Service at our discretion.

If we suspend your use of the Service, we may refuse to allow you to use the Service until you have rectified the breach of these Terms and confirm that there will be no further breaches.

If these Terms are terminated or expire for any reason, then, in addition and without prejudice to any other rights or remedies available:

• each party retains the claims it has against the other;
• your right to use the Service immediately ceases; and
• you must immediately remove all of our Products from your electronic devices.

You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have paid to us.

6. Acknowledgement

You acknowledge and agree that:

• you are responsible for the preparation and accuracy of any information and other materials you upload, disseminate, transmit or publish using the Service;
• we are merely responsible for providing the Service and the Website and are not responsible for any outside use of your health information or the actions of third parties in relation to it;
• we do not warrant that the Website will be compatible, or operate in any combination with your equipment;
• access to the Website depends on the internet provider and other external factors and we do not guarantee the availability of the Website at all times or at any specific times;
• while we take reasonable precautions to ensure the Website is secure, we do not guarantee the Website to be free from virus, spyware or malware (as those terms are generally understood in the IT industry); and
• we may monitor access and use of the Website and any other associated platforms by you.

7. Disclaimer

The materials provided on the Website and provided through the Service are not comprehensive and are for general information resource purposes only. ****Aurabox does not make any representations or warranties that the information provided on the Website and throughout the Service is reliable, accurate or complete.

You acknowledge that the Website is provided as is and as available and your use of the Website is entirely at your own risk, and that we are not liable for any loss or damage resulting from any action taken or reliance made by you on any information contained within the Website.

You warrant that you have satisfied yourself as to the description and condition of the Website and the Service provided and its fitness for the purpose for which you ordered and used it.

Aurabox makes no warranty that the Service:

• will meet your requirements;
• will be available on an uninterrupted, timely, secure, or error-free basis; or
• will be accurate, reliable, complete or safe.

The website links provided in the Website and through the Service are provided for Your convenience only. We do not take any responsibility for their content or endorse any opinions or recommendations provided in those websites. By clicking on those website links, you agree that you are solely responsible for agreeing to the terms and conditions of those websites and for any damages or loss caused from following those links.

To the fullest extent permitted by law, except as expressly set out in these Terms, all conditions, warranties, terms and obligations expressed or implied by law or otherwise relating to these Terms or the performance of the obligations by us under these Terms, are excluded.

8. Limitation of Liability

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Aurabox arising out of or in any way related to these Terms, the access to and use of the Service and the Website, content, or any Products or services exceed the total amount paid by you to us for use of the Service.

To the full extent permitted by law, we exclude all liability for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Website or the materials on the Website, even if Aurabox or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of these Terms, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

9. Changes to the Website

We may change, modify, substitute, suspend, remove or disable the Website and the Service and any information and features contained on the Website and the Service from time to time without any notice to you.

Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities on the Website. We will attempt to restore access to the Website as soon as we reasonably can.

10. Indemnity

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless Aurabox and our respective past, present and future employees, contractors, subcontractors, and agents against any:

• claims or liability incurred by us; and
• loss or expenses incurred by us in dealing with any claim against us, including costs and disbursements on a solicitor client basis, and a cost of time spent, resources used or expenses paid by us,

arising from:

• any breach of these Terms by you;
• you acting inconsistently with our policies;
• your use of the Website and the Service; or
• your violation of any law or the rights of a third party,

except to the extent that we cause or contribute to the relevant claim or liability.

11. Release

If you have a dispute with another user of the Website regarding anything to do with the Service, you release us from all claims and liability related to or connected with that dispute.

12. General

Nothing in these Terms constitutes a partner or joint venture relationship. Neither party may purport to act on behalf of the other party unless expressly authorised to do so in writing.

We are not your agent for any purpose in relation to these Terms or your use of the Service.

The Website may be accessed within Australia and, where permitted by technology and decided by us, outside Australia.

The law of the Australian Capital Territory shall apply to these Terms and you hereby submit to the jurisdiction of the courts of the Australian Capital Territory.

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

These Terms (and any documents executed in connection with it) are the entire agreement of the parties about its subject matter and supersede all other representations, arrangements or agreements.

We may amend these Terms from time to time. The amended Terms will be notified to you via the Website and will take effect from the date of amendment of the Website. If you continue to use the Website after we have notified you of the amended Terms, you are taken to accept and be bound to the amended Terms.

A provision of or a right under these Terms may not be waived or varied except in writing signed by the person to be bound.

Acceptable Use Policy

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Aurabox under any ongoing agreement. It’s designed to protect us, our customers and the general Internet community from unethical, irresponsible and illegal activity.

Aurabox customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on 8 December 2021.

Fair use

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorised basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited activity

Copyright infringement and access to unauthorised material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

• any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and
• any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorised message activity

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorised message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorised to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.

Other activities considered unethical, exploitative and malicious include:

1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
3. The unauthorised access, alteration or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
4. Using our facilities to interfere with the use of our facilities and network by other customers or authorised individuals;
5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone’s health and safety;
6. Any act or omission in violation of consumer protection laws and regulations;
7. Any violation of a person’s privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorised use of Aurabox property

We prohibit the impersonation of Aurabox, the representation of a significant business relationship with Aurabox, or ownership of any Aurabox property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of: the date the customer uses our Products after we publish the revised version on our website; or 30 days after we publish the revised version on our website.