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PATIENT END USER LICENSE AGREEMENT (EULA)

This End User License Agreement (EULA) is between You (“User”, “You”, or “Your”); Canview Pty Ltd ACN 639 650 927 (Canview) and their related bodies corporate as defined under section 50 of the Corporations Act 2001 (collectively “We”, “Us”, “or “Our”).

This EULA governs Your use and includes White Labelled versions of the prescription medicine delivery mobile application Mobile App known as Canview (Mobile App), including but not limited to limited to programs, functions, features, content, data, user interface, electronic documentation as well as all other material in relation to the Mobile App including but not limited to questions, answers, comments, notes, information, all health and medical related materials, Personal Information, business information and Health Information made available via the Content).

1.    Grant of License

Subject to the terms of this EULA, We grant You a limited, non-exclusive, revocable, personal, non-sublicensable, non-assignable and non-transferable license (Licence) to download and install (if applicable), operate and use the Mobile App solely for Your own lawful use on any mobile device owned or controlled by You that can access the Mobile App  for the purposes set out in clause 4.

2.    Acceptance of These Terms

By downloading, installing, operating, or using the Mobile App, You acknowledge and agree to be bound by the terms of this EULA.

If You do not agree to the terms, You must not download, install, operate or use the Mobile App, or if You already have done this, You must immediately cease use of the Mobile App and delete the Mobile App from Your device.

3.    Terms of Use

Our Terms of Use, which sets out how You may use our Website, use our Mobile App or receive our Services, can be found at https://canview.com.au/terms-of-use/. These terms apply each time You use Our Website or access Our Services. Your continued use will represent an agreement by You to be bound by these terms.

4.    Mobile App Use

You may access and use the Mobile App if You are an eligible patient and have received a prescription from a Canview prescribing doctor.

4.1    Patients, You must register a Patient Account and provide:

(a)    Your Health information; and

(b)    Personal Information.

4.2     Acceptance of registration is in our sole discretion, We reserve the right to modify the registration requirements at any time.

5.    User Responsibilities

5.1    You must:

(a)    Use the Mobile App only for lawful purposes and in accordance with the intended functionality; and

(b)    Keep Your account credentials secure and confidential. You are responsible for all activities under Your account.

5.2    You must not, and You must not permit or enable any other person to:

(a)    reverse engineer, decompile, decode, decrypt, disassemble or in any way derive source code and/or codes from the Mobile App and/or the Content and/or the Intellectual Property therein;

(b)    modify, translate, adapt, vary, alter, or create derivative works from the Mobile App and/or the Content and/or the Intellectual Property therein;

(c)    copy, reproduce, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Mobile App and/or the Content and/or the Intellectual Property therein;

(d)    distribute, sublicense, rent, lease, loan or allow any third-party access to or use of the Mobile App and/or Content and/or the Intellectual Property therein;

(e)    use the Mobile App and/or Content and/or the Intellectual Property therein in any manner whatsoever that does circumvent or infringe, or could lead to circumventing or the infringement of, any Intellectual Property Right, any local, state, federal or international laws, or rules or regulations in the jurisdiction in which You use the Mobile App and the Content;

(f)    use any part of the Mobile App and/or the Content and/or the Intellectual Property therein in any other software or applications other than in the complete form the Mobile App and the Content are downloaded and installed on Your device, in accordance with the terms of this EULA, and for the purposes of Mobile App use in accordance with this clause; or

(g)    remove, modify, vary, alter or obscure any trademark, logo, copyright or other proprietary content, notices, legends, symbols or labels in the Mobile App and/or the Content and/or the Intellectual Property therein.

6.    Installation, Updates and Maintenance

(a)    This Mobile App requires a compatible 4G or higher enabled mobile device with internet connectivity and access to the Google Play™ store operated by Google Inc. or the Apple App Store™ operated by Apple;

(b)    Your use of the Mobile App may incur internet data charges, may involve the downloading of images, content and other items that may attract internet data fees and will consume the battery charge of Your mobile device;

(c)    The Mobile App does not provide for international roaming, and You may incur international roaming charges if the Mobile App or Your mobile device is used outside Australia;

(d)    The continued availability of the Mobile App, and Content provided through the operation and use of the Mobile App, may be subject to external factors out of Our control including but not limited to routine maintenance, malfunction in equipment, hardware or software, internet access, and delay or failure of transmission;

(e)    We may modify or update the Mobile App at any time without notice including but not limited to disabling or enabling certain features or functionalities of the Mobile App, introducing new features and functionalities to the Mobile App, bug fixes, error corrections, and workflow and design changes;

(f)    We may provide maintenance and technical support for the Mobile App from time to time and We may suspend, terminate or disable some or all of the features and functionalities of the Mobile App in order to provide such services (if any) at any time without notice;

(g)    Apple and Google Inc are not responsible for any maintenance and support services with respect to the Mobile App;

(h)    As part of the Mobile App installation process Your mobile device settings may change and You acknowledge that by installing the Mobile App You approve any such changes to Your mobile device settings;

(i)    You may be required to download the latest version of the Mobile App from time to time including but not limited to any updates. It is Your responsibility to ensure that You are using the most up to date version of the Mobile App at any given time; and

(j)    By downloading and using the most up to date version of the Mobile App You acknowledge and agree to be bound by the then-current terms and conditions of this EULA.

(k)    You agree that you download, install, operate and use this Mobile App and the Content at Your own risk

7.    Notices

(a)    We authorise Google Inc and Apple a non-exclusive, worldwide, and royalty-free basis to: reproduce, perform, display, analyse, and use Our Mobile App in connection with (a) the operation and marketing the Apple App Store® or the Google Play® Store (App Platform); (b) the marketing of devices and services that support the use and the marketing of the Mobile App on the App Platform and Devices; (c) the provision of hosting services to Us and on Our behalf to allow for the storage of and App Platform access to the Mobile App and to enable third -party hosting of such Products; (d) making improvements to the App Platform; and (e) checking for compliance with this EULA and the Developer Program Policies. The authorisation in clause (e) is sublicensable to application security partners. You also authorise such application security partners to use the results of their review in their products and research that may be publicly available.

(b)    We authorise the App Platform to perform the acts described in this section subject to Our control and direction in the manner indicated.

(c)    Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Mobile App (unless otherwise prohibited, as for in-app and subscription products) and share it with other family members in their family group. If, in the Play Console, We opt in to allowing patients, where relevant to share any previously purchased Mobile Apps, We authorise the sharing of those purchases by users subject to the Google Play Developer Distribution Agreement (Google Agreement). To the extent that EULA conflicts with the Google Agreement, the Google Agreement will supersede this EULA. You acknowledge that the EULA for our Mobile App is solely between Us and the Patient. Google will not be responsible for, and will not have any liability whatsoever under, this EULA.

8.    Warranty Disclaimer

(a)    This Mobile App is provided to You on an “as is” and “as available” basis.

(b)    To the maximum extent permitted by law, We expressly disclaim all representations and warranties, whether express or implied, with respect to the Mobile App, the Content and Your access to and operation and/or use thereof, including but not limited to all implied warranties of merchantability or fitness for a particular purpose or any warranties of title, non-infringement and/or arising from a course of dealing or usage of trade.

(c)    We expressly disclaim all guarantees, representations and warranties, whether express or implied, that the Mobile App will meet Your requirements or that Your operation and/or use, or the results of the operation and use of the Mobile App will be uninterrupted, complete, reliable, accurate, current, error-free, free of viruses or otherwise secure.

(d)    Nothing in this EULA excludes, restricts or modifies any condition, warranty, right or remedy conferred on You by applicable consumer law that cannot be excluded, restricted or modified by agreement (non-excludable condition). To the fullest extent permitted by law, Our liability for a breach of a non-excludable condition is limited to the minimum remedy that may be available in respect of any such breach.

9.    Restrictions

You must not and You must not permit any other person to:

(a)    access the Mobile App from outside of Australia; and

(b)     transfer any data outside of Australia (or allow it to be accessed from outside Australia); and

(c)    Use the Mobile App or the functions and the information the Mobile App provides if you are under the age of 18 (The Mobile App must be used by an Authorised Carer on the patient’s behalf); and

(d)    upload, email, post, publish, distribute or otherwise transmit any information about any person that may identify them or that may compromise their privacy or breach their confidentiality without their prior written consent.

10.    Third-party Content

The Mobile App may include Content or services from third parties. We are not responsible for any third-party Content or services.

11.    Data Privacy and Security

(a)    Your use of the Mobile App is subject to our Privacy Policy, which outlines how We collect, use, and protect Your Patient Information. Our Privacy Policy can be found at https://canview.com.au/privacy-policy/. By using the Mobile App, You consent to the processing of personal data as described in the Privacy Policy;

(b)    We may use your Personal Information and Health Information for the purpose of effecting the functionality of the Mobile App and providing customer support to You; and

(c)    You must notify Us immediately if You become aware of any suspected breach of security.

12.    Term, Termination and Suspension

(a)    The EULA will commence when You apply for the registration of a Patient Account and will remain in effect until terminated by You or Us. You may terminate this EULA at Your sole and absolute discretion at any time by uninstalling and discontinuing Your use of the Mobile App;

(b)    We reserve the right to immediately terminate, suspend or disable the Patient Account or the Mobile App; suspend or terminate the EULA; suspend or terminate or limit the Licence and/or Your rights thereunder at any time, with or without cause, for such period or periods as We determine in our absolute discretion. We will make a reasonable effort to notify You of any action We take under this clause, but are not obliged to do so;

(c)    The Licence under clause 1 will terminate immediately and without any further notice if You fail to comply with any provisions of this EULA;

(d)    Upon termination, You must discontinue use of the Mobile App.

13.    Intellectual Property

The Mobile App and all related intellectual property, including but not limited to software, trademarks, and proprietary Content, are owned by Us or Our third-party licensors. You do not acquire any ownership rights in the Mobile App by using it.

14.    Warranties

You warrant and represent that you will only provide access to your account for Authorised Carers. You are responsible for ensuring that all Authorised Carers comply with these Terms.

15.    Limitation of Liability  

(a)    To the extent permitted by law, neither party is liable for any Consequential Loss suffered or incurred whether in contract, tort (including negligence) or otherwise in connection with this EULA;

(b)    Our total liability for any loss or damage suffered or incurred by You will not exceed the Charges (if any) paid by You to Us;

(c)    Neither party will be liable under this EULA to the extent the relevant loss has been caused or contributed to by the other party.  Each party will use all reasonable efforts to mitigate its loss caused by the other party, including loss that is the subject of an indemnity under this EULA.

16.    Indemnification

Each party (Indemnifier) will defend and indemnify the other (Indemnified) against any claim, loss, demand, charge, expense or liability (including reasonable legal costs) made against or incurred by the Indemnified as the result of:

(a)    any unlawful or wilfully wrong act or omission by the Indemnifier or its personnel;

(b)    any personal injury, death or property damage, or breach of confidentiality or privacy, arising from or caused by the Indemnifier or such personnel, or for any fraudulent act or omission of a party or its personnel; or

(c)    the provision of any materials (including in Our case as Indemnifier, the Mobile App) to the Indemnified (in accordance with this EULA), infringing the rights (including intellectual property rights) of any third party.

17.    Governing Law

This EULA is governed by and is to be construed in accordance with the laws applicable in Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

18.    Entire Agreement

This EULA contains the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings regarding the use of the Mobile App.

19.    Amendments

We reserve the right to update, revise (including by deletion), supplement or otherwise modify this EULA at any time, with or without notice to You. We recommend that You visit our website regularly to keep up to date with any changes. Your continued use of the Mobile App will constitute Your acknowledgement and agreement to be bound by the Updated EULA.

20.    Complaints

20.1    How to Make a Complaint

We are committed to addressing any complaints or feedback promptly and professionally. If you wish to provide feedback or lodge a complaint, you can do so via the following methods:

email: enquiries@canview.com.au

Your complaint will be acknowledged within 24 hours of receipt by Canview Customer Support.

21.    Definitions

21.1    In this EULA:

Authorised Carer means a parent, guardian or carer authorised by the patient to use the Patient’s Account on their behalf for the purpose of receiving, tracking and managing prescriptions on the Mobile App.

Content means any information that is available contained on the Mobile App, which may include including pages, images, audio, as well as reference materials.

Health Information has the same meaning as defined in the Our Privacy Policy.

Intellectual Property Right means the rights in respect of Intellectual Property held by or licensed to Us, and/or held by any party or entity, in relation to any part of the Mobile App or any Content contained on the Mobile App.

Patient Information means the Patient’s Personal Information and Health Information.

Patient Account means and account registered by an eligible patient and you have a prescription from a Canview prescribing doctor.

Personal Information has the same meaning as defined in Our Privacy Policy.

White Labelled means any versions of the Platform that have been rebranded for third-party use.

Canview Pty Ltd EULA was last updated on [16/01/2025]