Terms Of Service
Terms of Service (version: 1.1)
Publish Date: Mon Jun 20 2022 14:58:40 GMT+1000 (Australian Eastern Standard Time)
These Terms of Use apply to the InflaMed application (App), InflaMed website, InflaMed Widgets (i.e., software applications and user interface components which are used to access and search the App) and any interactive facilities or services used or accessed through the App, Website, or Widgets, (e.g., Scan Menu, Recipes, Community, etc.) collectively referred to in these Terms of Use as the ‘Online Services’.
The Online Services are published by InflaMed.
These Terms of Use also apply to:
a. the use of the Online Services
b. access to the Online Services from third party websites installing
c. the content or material contained in the Online Services, accessed via links from the Online Services or that we provide to you via email or mobile, including health information, publications, fact sheets, news and alerts (Information).
In these Terms of Use, use of the terms ‘InflaMed’, ‘we’, ‘us’ and ‘our’ refers to InflaMed Pty Ltd (ABN 16 660 044 548) as the licensed owner of the Online Services, and the terms ‘you’ and ‘your’ refer to the user or viewer of the Online Services or the user of Information.
To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Terms of Use to be void (Non-excludable Obligations).
Deemed acceptance
It is intended that these Terms of Use are legally binding on you and us. By accessing or using the Online Services (including Information), you are deemed to accept these Terms of Use which together with our Privacy Statement govern InflaMed’s relationship with you in relation to the Online Services.
InflaMed may change the content of the Online Services, Information, these Terms of Use or our Privacy Statement at our discretion and without notice. By continuing to use the Online Services you accept the Terms of Use as they apply from time to time.
Your use of the Online Services and any dispute arising out of such use of the Online Services is subject to the laws of Victoria.
In using some services available through (or linked from) the Online Services you will be required to agree to additional terms and conditions. Such terms and conditions apply together with, or in addition to, these Terms of Use.
Online Services outside of Australia
The Online Services may be accessed from outside Australia. We make no representation that the Information or Online Services comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Online Services from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
Important information
THE ONLINE SERVICES ARE NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE SUFFERING AN ACUTE ILLNESS OR EMERGENCY CONDITION, CALL TRIPLE ZERO (000) AND ASK FOR AN AMBULANCE.
The Information contained in, or accessed through, the Online Services (e.g., Chemical Trends, Stress Trends, Food Trends, Air Quality Trends, educational resources) is for your general information. should not be considered complete and is not intended to be used as medical advice.
Information provided as part of the Review Functions, Food Trends and Menu Scanner may be used to assist you to manage a healthy lifestyle. However, this information and any other Information is not a substitute for independent professional advice and should not be used as an alternative to professional health care. If you have a particular medical problem, please consult a healthcare professional. Trends, Scan Menu, and Avoids are not diagnostic tools.
You should also not disregard professional advice, or delay seeking it, because of any Information contained on the Online Services, including any results provided (e.g., Chemical Trends, Stress Trends, Food Trends, Air Quality Trends) or as a result of any advice received through the Community facility. Our Online Services are designed only for people who are located within Australia.
Disclaimer of warranties
While the Information is subject to InflaMed’s quality assurances processes, the Information is also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing the Information. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and / or availability of the Information. In addition, no representation or warranty (express or implied) is made that the Information will meet your health or medical requirements.
Whilst we provide information to manage a healthy life cycle, the circumstance of each individual will differ. You should exercise your own judgment with respect to your use of our Online Services and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability and relevance of the available information.
Disclaimer of liability
You acknowledge that your use of any Information or materials on the Online Services is entirely at your own risk and that the Information may contain inaccuracies or errors.
To the maximum extent permitted by law, InflaMed expressly disclaims all liability (including for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, using or relying on any of the Information or the Online Services including, but not limited to, in circumstances where:
● the Review platform provides incorrect or inappropriate analysis
● the Online Services or Information are used for a purpose for which they were not intended
● the Online Services or Information contain errors, omissions or inaccuracies
● you are unable to obtain consistent, reliable and uninterrupted access to our Online Services
● there is damage or interference to your mobile device, or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device, or your mobile data that arises in connection to your download or use of the App, its content or any linked website
● you rely on an interpretation or opinion stated in, or which may be inferred from, the Online Services or the Information
● there is delay or failure to receive Information from us that you may have subscribed to, or inaccurate information is available from any websites accessed via a link on the Online Services.
To the extent permitted by law, our liability for failure to comply with consumer guarantees required by Part 3-2 of the Australian Consumer Law, is limited to the supply of services again or the payment of the cost of having the services supplied again.
Copyright and trademarks
All intellectual property rights in content on the Online Services, including (without limitation) text, graphics, Information, architecture and coding (including any copyright subsisting in them), is owned by InflaMed or licensed to us.
You may access and download the material on the Online Services where available, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Online Services content in whole or in part without the prior written permission of the owner of the material.
The Online Services may contain trademarks owned by InflaMed and third parties. You may not display or use in any manner any trademarks featured on the Online Services without the prior written permission of the trade mark owner.
Links to other websites
The Online Services contain links to other websites. These links are provided for your convenience only.
InflaMed does not specifically endorse any organisation, association or entity referred to in, or linked to, the Online Services. Views or recommendations provided in linked websites do not necessarily reflect those of InflaMed and InflaMed has no responsibility for the content of the linked website(s). It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in linked websites.
You may link to the Online Services, but permission is restricted to making a link without any alteration of the relevant Online Services contents. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this application on any other website unless express prior written permission has been obtained from InflaMed.
In no event are you permitted to use the Online Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. InflaMed reserves the right to prevent linking to the Online Services at any time.
Using our App
If you wish to use our App, then you need to download the App and ensure that you download and install all relevant updates.
We grant to you a revocable, non-exclusive, non-transferrable, limited right to install and use the App on a device owned and controlled by you in accordance with these Terms of Use.
The App includes software code, scripts, interfaces, graphics, displays, text, documentation and other components.
The App may prompt you to select certain information, such as your body condition, mood, stress or chemicals. You acknowledge that the information you select must be correct in order to provide you with suitable information. We will not be responsible if you select incorrect variables.
We do not promise that you will have continuous and uninterrupted access to the App or that the App will be free of any harmful code, virus or other malware. We do not accept responsibility for any interference or damage to your device.
If you choose to use location services on the App via Global Positioning System (GPS), then we may access and use your location to provide services to you. GPS locators can be inaccurate, particularly in areas with high rise buildings. You should verify your location (independently from the App) before calling for emergency services. You can turn off location services by deactivating this option on your device.
Personal profile
As part of your access to and use of the Online Services, you may be able to create a personal profile. Creating a personal profile will allow you to login and be recognised as a user across some of our Online Services (for example, when you access the Survey and Journal services. This will mean that you can store information within your profile regarding your use of certain Online Services and you can also subscribe to receiving Information or notifications from us based on the information you provide to us.
To create a profile, you will be required to provide information, including an email address and password. Depending on the Online Services you use, you may also be required to provide other information relevant to your circumstances and the services you are using, such as your inflammation, stress level, chemical interactions or GPS location.
If InflaMed receives any user content through the Online Services, this gives InflaMed the right to use the user content. Where you provide us with information in relation to your child or children, you warrant that you are the legal guardian of your child and have authority to provide this information to us.
You may subscribe to receive general Information or notifications based on the information you have provided (for example, Pollen alerts). You acknowledge that this is provided to you as general Information and use only. This information is not intended to be used as medical advice and should not be used as an alternative to professional health care. You should also not disregard professional advice, or delay seeking it, because of any failure to or delay in receiving Information or notifications from us.
You can unsubscribe from receiving Information and notifications from us at any time. Further information on how we handle your personal information provided in your personal profile is available on our Privacy Statement. System requirements
Some services available through the Online Services will require your computer, telephone, internet access, device and associated equipment to meet certain technical levels (System Requirements) in order to receive the services. InflaMed takes no responsibility for problems associated with or arising from your inability to access or receive the services due to your equipment or internet speed not meeting the System Requirements.
Security, viruses, errors & availability
The internet is an insecure public network which means there are risks that information sent to or from the Online Services may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through the Online Services may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks, and InflaMed accepts no liability to the maximum extent covered by law for any interference with, or damage to, your computer system, device, software or data occurring in connection with the Online Services.
InflaMed may modify, suspend or discontinue the services available via the Online Services from time to time in InflaMed’s absolute discretion.
Feedback facility
The Online Services may contain a facility allowing you to give feedback and make suggestions (Feedback Facility). You agree that your use of the Feedback Facility is subject to the following additional terms:
● any feedback, suggestion or material you may provide (Feedback) will not be treated by InflaMed as confidential
● Feedback must conform to the InflaMed Social Media Acceptable Use Policy and
● InflaMed will own any intellectual property rights in or arising from any Feedback.
If you have any questions about these Terms (including your privacy rights), you can contact us at: support@34.83.19.170
Last reviewed: June 2022