Last updated: 11/04/23
These Terms, if agreed by you by pressing "Agree" or by accessing and/or using the App, will constitute a binding agreement between you and AllergyPal Pty Ltd . You should immediately cease using the App if you do not agree to these Terms.
AllergyPal Pty Ltd may, in its sole discretion, update, modify or replace all or part of these Terms at any time by posting revised Terms on and/or through the App. Where reasonably practicable, AllergyPal Pty Ltd will use commercially reasonable efforts to provide you with prior notice of such revisions using the email address you provided when you registered. You are responsible for checking the website for any changes to these Terms. Your continued use of, or access to, the App following the posting of any changes to these Terms will be deemed to constitute acceptance of those changes. You are free to end your agreement with us at any time should you choose not to accept the revised Terms.
In order to access and use the App, you must:
AllergyPal Pty Ltd may, but is not required to:
Registration and Your Account
To access and use the App, you must have a registered account. In order to register for an account, you will be required to provide your full name, nominate a contact number and an email address through which AllergyPal Pty Ltd can contact you in relation to the App.
When you register and activate your account, AllergyPal Pty Ltd will provide you with a username and password. You are solely responsible for keeping this username and password secure and are responsible for all use and activity, including activity in breach of these Terms, carried out under your username.
You must notify AllergyPal Pty Ltd immediately if you become aware of any unauthorised use, or suspected unauthorised use, of your account.
You agree that:
Conditions of Access and Acceptable Use
You acknowledge and agree that the availability of the App is dependent on the third party from which you obtain the App (App Store). In addition to the Terms, each App Store may have its own terms and conditions which you agree to comply with, and your access to and use of the App is also conditional on your compliance with any such terms and conditions.
You may only use the App for non-commercial or personal use. All other use, copying or reproduction of the App or any part of it without AllergyPal Pty Ltd ’s prior written approval is prohibited (except to the extent permitted by law).
You must not:
You must not access or use the App, or provide or transmit any data or content, in any way that:
AllergyPal Pty Ltd may, at any time without prior notice, restrict, block, suspend, deactivate, disable access, edit and/or remove all or part of the App, including any material which in AllergyPal Pty Ltd 's reasonable opinion may give rise to a breach, or be in violation of these Terms or any law, or which AllergyPal Pty Ltd considers in its absolute discretion might be otherwise harmful.
If AllergyPal Pty Ltd restricts, blocks, suspends, deactivates or disables your account as a result of your violation of these Terms or any law, you must not create another account without AllergyPal Pty Ltd 's permission.
AllergyPal Does Not Provide Medical Advice
The App is an information tool designed to easily share, manage and present information (including an Australian Society of Clinical Immunology and Allergy (ASCIA) Action Plan) with others via smart phone only. Other content and links, such as text, graphics, images, and other material contained within the App (Content) are for informational purposes only. The Content and App is not intended to be a substitute for professional medical advice, diagnosis, or treatment, or to be used as medical device or for the purposes of diagnosis, prevention, monitoring, treatment or alleviation of or compensation for a disease, injury or an allergic reaction. If anaphylaxis is suspected, administer an Epipen® (adrenaline auto-injector) and immediately call 000. Do not allow them to stand or walk. If no Epipen is available, immediately call 000 for urgent medical attention.
Ownership and Access to the App
AllergyPal Pty Ltd and its third-party licensors own all right, title and interest in and to the App and the Content, and all intellectual property rights contained therein, including, without limitation, all software code and algorithms underlying the operation of the App, and all trademarks and copyrighted materials contained in the App. Subject to your compliance with, and during the term of, this Agreement, AllergyPal Pty Ltd grants you a non-exclusive, personal, non-transferable, non-sub-licensable limited licence to access and use the App for your own non-commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licences or rights, whether by implication, estoppel, or otherwise, in or to the App or any intellectual property rights therein or related thereto.
Liability of AllergyPal Pty Ltd
The use of the App, and the Content is at your own risk. When using the App, information will be transmitted over a medium that is beyond the control of AllergyPal Pty Ltd . Accordingly, to the extent permitted by law including the Australian consumer law, AllergyPal Pty Ltd assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App.
The App and the Content are provided on an “as is” basis. AllergyPal Pty Ltd , TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, DISCLAIMS ALL WARRANTIES. Without limiting the foregoing, and to the extent permitted by law including the Australian consumer law, AllergyPal Pty Ltd makes no representations or warranties about the accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the App.
In no event shall AllergyPal Pty Ltd be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AllergyPal Pty Ltd is advised of the possibility of such damages. AllergyPal Pty Ltd shall be liable only to the extent of actual damages incurred by you, but such amount shall not exceed AUD $1,000.00. AllergyPal Pty Ltd is not liable for any personal injury, including death, caused by your use or misuse of the App or Content.
Searches and Links to Other Sites
AllergyPal Pty Ltd may provide links to third-party websites. AllergyPal Pty Ltd has no control over and is not responsible for the content of linked third-party websites, websites framed within the App or third-party websites provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
You agree to defend, indemnify, and hold AllergyPal Pty Ltd , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or in connection with your breach of these Terms.
AllergyPal Pty Ltd is based in the Australia with principal offices in Melbourne, Victoria. AllergyPal Pty Ltd makes no claims that AllergyPal Pty Ltd , the App or the Content are appropriate or may be downloaded outside of Australia. Access to the Content may not be legal by certain persons or in certain countries. If you access the App from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We may terminate these Terms at any time by providing reasonable written notice to you, for any reason whatsoever, including without limitation if you breach the Terms.
You can terminate these Terms at any time by ceasing your use of the App and deleting the App. AllergyPal Pty Ltd reserves the right to delete or deactivate your account and all data provided by you or about you following termination.
You expressly agree that exclusive jurisdiction for any dispute with AllergyPal Pty Ltd , or in any way relating to your use of the App, resides in the courts of Victoria, Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Victoria, Australia in connection with any such dispute including any claim involving AllergyPal Pty Ltd or its affiliates, subsidiaries, employees, contractors, officers, directors and telecommunication providers.
These Terms are governed by the laws of Victoria, Australia, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. In lieu of the invalid or unenforceable provision, the parties will substitute or add as part of this Agreement a valid and enforceable provision that will be as similar as possible in economic and business objectives as was intended by the invalid or unenforceable provision. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from the App by contacting AllergyPal Pty Ltd and providing the following information:
AllergyPal Pty Ltd ’s agent for copyright issues relating to this App is as follows:
AllergyPal Pty Ltd
c/o The Royal Children’s Hospital, Flemington Rd
Parkville, VIC, Australia 3052
Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via mail to: AllergyPal Pty Ltd , c/o Murdoch Children’s Research Institute, The Royal Children’s Hospital, Flemington Road, Parkville VIC Australia 3052, Attention: Business Development and Legal. We try to answer every email in a timely manner but due to volume may not always be able to do so.