TERMS OF USE
Last reviewed July 2021
These Terms of Use (‘Terms’) contain important information about your participation in health and wellness surveys (‘Surveys’) and access to health score calculations, personal health dashboard (all collectively referred to as the ‘Website’), health action plan (‘Report’) and other services such as referrals ('Services’) provided by In2health Solutions Pty Ltd, which can be accessed by:
a. Individuals wanting to complete a health and wellness Survey and access the Website and Services and
b. Employers who want to provide health and wellness programs to their employees can offer their employees access to the Website to complete the health and wellness Survey, with the employer only having access to de-identified and aggregated data provided in a report and/or access to the employer dashboard as a summary of the health and wellness of their employees; and
c. Health professionals, who provide health and wellness services, including as part of workplace health and wellness programs, can also access de-identified and aggregated reports that will provide insights to inform their medical services delivery and/or present aggregated data of a cohort/group of employees participating in workplace health and wellness programs.
Participation in a health and wellness survey
In order to participate in a health and wellness Survey, you will receive a request via email, which can be sent out by your employer, health professional or by us. The email or URL request will provide you with a unique link to the Survey.
If you receive an anonymous link no one will be able to identify you or your answers to the Survey questions, and no one will know whether or not you participated in the Survey.
If you receive a unique user login \and/or receive an anonymous survey and you provide your email or anything else which may identify you, your identified data will not be accessible to your employer or health professional subscribing to this service unless requested by you.
Terms of use of the Website
You may only access and use the website if you accept these Terms and all linked information. We strongly recommend that you read all of these Terms and all linked information (including our Privacy Policy) before using the website.
We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services you agree to be bound by these Terms as well as any and all modified and updated Terms posted on our website from time to time.
Personal privacy
We, at all times, use our best endeavours to protect the privacy of individuals who participate in health and wellness Surveys and health score calculations.
If you are using an anonymous Survey, you may be able to request a personalised health report and action plan based on the information that you have provided to us, if you provide us with a name and valid email address when you complete the Survey. If you provide your details and opt to receive the report, we can also inform you of any further progress with the In2health developments and reports from time to time. You will be provided with the option to unsubscribe from this information if you so wish.
If you are using a unique identifier login Survey, you will have automatic access to a personalised health dashboard which you will be able to access with your unique login and identifier supplied and you may be able to request a personalised health report and action plan based on the information that you have provided to us.
We can also provide you with updates, reminders, notifications, information & reports. At any time you may unsubscribe from any information that will not impact our legal obligations including duty of care.
How we use the Survey results
With the results of the Surveys, we produce de-identified and aggregated level report data by combining the answers of multiple people doing the Survey across various demographic characteristics, perspectives, and criteria, such as a group of people who have the same employer. The results of the de-identified and aggregated level report data will be anonymous, with no information identifying those taking the Survey. In preparing the de-identified and aggregated level report data we will only provide this when the anonymity of participants can be assured.
Within 30 days of your completion of an anonymous Survey, we will remove your data from the secure database of our survey provider and de-identify any data we have used to produce aggregated reports and charts. This includes deleting:
o your name or the pseudonym that you have used
o the internet protocol (IP) address of the computer that you use to access the website will be deleted from our database; and
If you complete a Survey with a user-specific login and/or you use an anonymous survey and provide your email or any information that may identify you. Your data will be deleted from the secure database of our survey provider within 30 days and saved in an In2health secure database within the ServiceNow cloud platform on an Australian server.
Your individual responses to Survey questions will not be given to any third party whatsoever, except if you request a referral to a pathology, radiology provider or specialist service or with your explicit written consent, except in an emergency situation. This would only occur where we have significant concerns for your wellbeing and where we have made all attempts to contact you and been unable to, where we may need to contact emergency or acute medical or psychiatric services to protect your safety.
Refer to our Privacy Policy for a further explanation of our data collection, storage and use policy. We at all times abide by The Privacy Act 1988 (Cth), the Australian Privacy Principles and The Health Records Act 2001 (Vic) with respect to the collection, storage, use and destruction of your personal information.
You will be responsible for maintaining the confidentiality of any lifestyle and/or medical recommendation report or other results of your participation in the health and wellness Survey. You will not publish, share, or communicate to the public or any individual the lifestyle and or medical recommendation report or other results you receive from us, including but not limited to uploading the lifestyle and or medical recommendation report or other material from a survey to any social media platform or unsecured internet storage facility. This is a private report for your own personal use and is not to be shared, on-sold, or otherwise made public at any time. You may, however, and we would typically encourage you to share it with your own healthcare professional.
De-identified and aggregated data
We retain the consolidated (de-identified and aggregated) reports that include graphs and commentary, which is our proprietary information, and which we will use for purposes related to the Services, including but not limited to the following purposes:
· Identifying effectiveness of engagement of our platform to enable us to optimise it. This information will include data on how many of the individuals who were sent the link to the Survey and the number who actually completed it as well as how many individuals, as a consequence of completing the Survey, were motivated to change some aspect of their lifestyle to improve their health.
· Utilising the reports for the purpose of demonstrating the effectiveness of the medical and lifestyle digital platform delivered through the website, including providing points of comparison to identify ability to engage individuals over time to inspire behaviour change.
· Identifying improvements to be made to the medical and lifestyle digital platform; and
· Providing to government health departments or agencies, hospitals, medical research institutes, medical practitioners, healthcare service providers or academic researchers for the purpose of improving population health.
DEFINITIONS
“Content” means any and all links, words, images, and other material on the website.
“Services” means the health and wellbeing Survey and other services provided and delivered through the Website or 3rd party provider including access to health calculations, health reports and other services such as referrals.
“Subscriber” means a subscriber to the Services on this Website.
“The Website” means https://in2health.com as well as the collective digital platform provided by In2health including the online survey, user dashboard and facilitation of access to other Services.
“We”, “our” and “us” means In2health Solutions Pty Ltd, and includes all directors, employees, and contractors from time to time.
“You” means the Subscriber to our services and by doing so, agree to these Terms.
BETA TESTING
As we are offering a testing model of our Services, you do not need to and we do not charge any payment for this period however by using our testing model and Services, you are subject to and agree to these Terms which govern our Services.
We will advise you prior to going live with any formal Subscription charges and we will provide a minimum of 30 days' notice before any charges commence. If you decide to continue with our Services, you will be charged in accordance with our Subscription service options as advised on our website from time to time.
As an employer or 3rd party using these services, should you decide to not continue the Services after the free testing period has ended, you will no longer have access to any information or Content including any Surveys or reports that you or your employees, patients or other individuals may have filled in. We are at no time responsible for any loss of information, reports, Surveys or Content you may have input or saved.
As an individual using an identifiable survey should you decide not to continue you will be sent a copy of your health report or ‘action plan’ which includes a summary of your health scores and recommendations at which time your data will be archived securely. Additional requests for this data will require a nominal fee to retrieve your data. We are at no time responsible for any loss of information, reports, Surveys or Content you may have input or saved.
If you become an employee of a subscriber, your data and services will be re-activated, as part of the employer’s subscription.
SUBSCRIPTIONS
There are a number of different types of subscriptions:
Individual Employees as part of an Employer subscription Registration as a Subscriber by individuals is free and individuals do not pay a fee to complete Surveys or access the In2health Website. Fees may be payable by individual Subscribers if they wish to access referrals for further tests and/or to access specialists. Individual subscribers will be informed in advance of any fees and will be provided alternative options to access recommended referrals if they choose not to access referrals provided by In2health.
Individual Subscribers: Registration as an individual Subscriber where subscription is not provided by their employer, will include payment of the annual subscription fee in advance or alternatively provide payment details for the monthly plan. Additional fees may be payable by individual Subscribers if they wish to access referrals for further tests and/or to access specialists and other health and wellness services.
Employers: Registration as a Subscriber by any employers will include payment of the annual subscription fee in advance or alternatively provide payment details for the monthly plan calculated on a per-employee basis.
Health professionals: Registration as a Subscriber by any medical practitioners or healthcare service providers will include payment of the annual subscription fee in advance or alternatively provide payment details for the monthly plan.
AGREEMENT FOR SUBSCRIPTION SERVICES
To be eligible to subscribe to our Website and Services, you acknowledge and agree to the following:
· We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store, and use your personal information.
· You will not share your password or login details with any other person, and you will keep your contact, payment and other information updated.
· You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details and
· You will not transfer, sublicense, or grant access to any of our Services to any other person, company, business except as agreed in these Terms.
If you are an Employer requesting or offering our Services and Surveys to your employees and staff, you are responsible for obtaining agreement to our Terms and/or for any required written consent to obtain or access the results of any employees who may agree to provide identifiable results or information.
GENERAL
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We will use our best endeavors to ensure the Website and our Services are always available and virus-free but from time to time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the Website uses third-party vendors and hosting partners to provide the necessary software, hardware, service, and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.
CANCELLATION, REFUND AND TERMINATION
TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for canceling your subscription through our website. You must cancel in writing by notifying us at contact@in2health.com
WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension. Any refund of subscription fees will be determined by us at our sole discretion.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter, or amend any Content, Services, or the Website. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
LIABILITY
You understand and agree that the Reports or information you receive as a consequence of your participating in any Survey, accessing In2health Services and/or published on the Website is for informational and educational purposes only and should not be understood or relied on as a substitute for the professional assessment of a qualified healthcare professional or for the diagnosis and treatment of any medical or psychiatric conditions.
Our surveys are not designed for any persons under 18. All medical data supporting the assessment questions and calculations are based on adults aged 18 years and above. Our surveys are not created for use by persons aged under 18 years of age and thus are not directed to persons under 16 and we do not knowingly collect Personal Data from anyone under 16 unless authorised by a parent or guardian. If we become aware that a child under 16 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.
Your health is our priority. The information provided to you is based on the data that you input into the Survey. We make every effort to ensure that the information provided to you is accurate and evidence-based. If inaccurate data is entered by you into the Survey, then the health scores and information provided to you will also not be accurate
In the unforeseen event that an error occurs. On becoming aware we will endeavor to notify you and to provide the revised information. The Website is not designed to diagnose health issues, its purpose is to identify risk and to provide information based on the risk information provided to reduce the risk of the most common chronic diseases. In the event that a condition is diagnosed through further investigation, we will make every reasonable effort to fulfill our duty of care to ensure that you are notified and encouraged to access appropriate medical care. If you are identified to be at moderate or high risk of a specific condition and require access to further investigation and/or management, we endeavor to provide appropriate recommendations to facilitate access to appropriate care.
We do not endorse or recommend any specific diagnostic tests, medical procedures, drugs, pharmaceutical products, medical or healthcare practitioners or any other information that may be referred to in any Content on the Website aside from screening tests appropriate to risk status in line with best practice Australian guidelines. In providing referrals for these pathology or radiology investigations or for a specialist, we may recommend that you attend a specific service, based on its convenient proximity to your location of choice if this is your preference and considering your preference for public hospital or privately billed consultations. We do not receive monetary or other benefits from providing these recommendations.
We cannot and do not assume any responsibility for your use, misuse or reliance on any reports, Surveys, or information you received while using the Website or our Services. You agree and acknowledge that we are not liable for any direct, indirect, consequential, or incidental loss or damage which may result from your direct or indirect use of our website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental, or special damages of any kind including any damages for personal injury, psychiatric injury, and any form of economic loss including, but not limited to, loss of income, loss of revenue, loss of profits, losses due to interruption of business, loss or corruption of data even if the possibility of such loss was made known to us.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted, or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law, or statute except for your Statutory Rights.
Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
If you are a medical practitioner, healthcare service provider or employer of people who participate in any Survey, you will indemnify us in respect of any losses we incur in connection with any claims, legal actions and/or complaints made by any person where the claim, legal action or complaint is caused directly or indirectly by:
a. your use or misuse of any reports or information you receive from us that is derived from answers of people participating in any Survey on the website.
b. the use or misuse of any reports or information by your medical collaborators, medical assistants, employees, and other personnel to whom you provide any reports or information that is derived from answers of people participating in any Survey on the website.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos, and service names are registered trademarks, copyright, trade, or service marks of In2health Solutions Pty Ltd.
All other trademarks or service marks within this Website are the property of their respective owners. You own and retain ownership of all of your Content. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.
You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services including the calculations and algorithms.
You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
GOVERNING LAW
These Terms of Use are governed by the laws of the State of Victoria, Australia, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria for determining any dispute concerning these Terms.