Terms & Conditions

Health Literacy Solutions Pty Ltd (ACN: 653 409 931) (we, us our) owns and operates the website hosted at https://www.healthliteracysolutions.com.au (Website). From the Website you may access a platform which enables you to assess text for health literacy principles (Editor).

 

 

  • Acceptance

 

      1. By accessing the Website and/or using the Editor, you agree to be bound by these Terms & Conditions and our Privacy Policy.
      2. If you do not agree with these Terms & Conditions, you must immediately cease to access the Website and/or use of the Editor.
      3. If you hold a Corporate Subscription:
        1. you must not allow a User to access your Account unless and until they have agreed to be bound by these Terms & Conditions.
        2. you acknowledge and agree that you are responsible for the acts and omissions of all Users as if they were acts of your own.

 

  • Use of the Website and Editor
  • You must only use the Website and/or the Editor for its intended purpose, and not for any purposes that are unlawful or prohibited by the Terms & Conditions.
  • In using the Website, you must not:
  • engage in any conduct that is or which could be considered:

 

          1. unlawful;
          2. fraudulent;
          3. misleading or deceptive; or
          4. otherwise improper or offensive, including but not limited to any conduct which could be considered discrimination or bullying or harassment of a person;
        1. damage our credibility, goodwill or reputation;
        2. do or attempt to do anything which may compromise the security or integrity of the Website, including but not limited to any breach of our security protocols or denial of service attack;
        3. create any liability for us or engage in any conduct which may cause us to lose the custom of our internet service provider, other users or prospective users; or
        4. copy or store any information, except as expressly permitted by these Terms & Conditions.
      1. In using the Editor, you must not:
        1. engage in conduct set out at clause 2.2(a) or 2.2(b);
        2. use the Editor for any purpose other than those permitted under clause 5.1;
        3. allow any third party to use the Editor unless an Authorised Person on Corporate Subscription or otherwise approved by us in writing;
        4. copy, modify, create derivative works of, distribute, sell, transfer, or otherwise exploit the Editor or any part of the Editor (including recommended edits generated by the Editor), except as expressly permitted by these Terms & Conditions or authorised by us in writing; 
        5. reverse engineer, decompile, disassemble, or attempt to discover the source code of the Editor or cause or permit a third party to do so; 
        6. attempt to gain unauthorized access to the Editor or any of its content or materials, or to any systems or networks connected to the Editor, including but not limited to through hacking, password mining, or any similar means;
        7. use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any person’s use or enjoyment of the Editor; or
        8. input or transmit any information or material into the Editor that is unlawful, defamatory, sexually explicit, obscene, threatening, otherwise improper or offensive, including but not limited to any conduct which could be considered discrimination or bullying or harassment of a person.
      2. You agree to indemnify and hold us harmless against any Claims or Loss that arises out of or in connection with, directly or indirectly, any breach by you or a User of this clause 2. 

 

  • Account Registration

 

      1. To use the Editor, you must register for an Account. 
      2. To register for an Account: you must provide us with all information we reasonably require, including but not limited to:
        1. your name (including ACN and ABN where applicable);
        2. your age; 
        3. your email address;
        4. your postal address; and
        5. if you intend to use the Editor in connection with your work for an organization (including a medical practice), the name of that organization (including its ACN and ABN where applicable).
      3. In the case of a Paid Subscription, you will also be required to provide us with billing information via Stripe or other agreed method for purposes of invoicing the Subscription Fees applicable to your Subscription Plan.
      4. In the case of a Corporate Subscription, you must also provide us with the names of all Authorised Persons who will have access and be entitled to use the Editor on your behalf.
      5. You must provide us with true, accurate and complete information when registering for an Account. 
      6. You must ensure that all information associated with your Account remains up-to-date at all times after registration and promptly notify us of any changes to such information (either by updating your Account or, in the case of a change to the email addressed associated with your Account, by notifying us in writing).
      7. You cannot assign ownership of your Account without our written consent (which we may withhold in our absolute discretion).
      8. You must keep the log-in details for your Account secure.
      9. You must immediately notify us in writing if:
        1. become aware of any authorised use of your Account; or
        2. have grounds to suspect that the security of your Account has been comprised.
      10. By registering for an Account, you affirm that you are bound by the Terms & Conditions and our Privacy Policy.

 

  • Subscription Plans

 

      1. To use the Editor, you will also be required to choose a Subscription Plan, which determines your level of access to the various features and functions available as part of the Editor, as well as the Subscriptions Fees payable by you.
      2. We offer the following Subscription Plans:

 

  • Basic – our free subscription;
  • Advanced – includes additional features;
  • Professional – includes AI integration in addition to all features included in Advanced; and
  • Corporate – our enterprise subscription,

 

each of which is more particularly described on our Website.

 

  • For Corporate Subscriptions:
  • you will be required to nominate all persons who will be Authorised Persons and entitled to access and use the Editor in connection the Account associated with that Subscription Plan; and
  • the Subscription Fees will be as set out in the Order Form.
  • For all other Subscription Plans:
  • you will be the only person authorised to access and use the Editor in connection with the Account associated with that Subscription Plan;
  • the Subscription Fees applicable to the Subscription Plan are as set out on our Website; and
  • we reserve the right to make reasonable increases to the Subscription Fees applicable to a Subscription Plan from time to time by updating the stated amount of those Subscription Fees on our Website.

 

  1. Subscription Fees are exclusive of GST unless expressly stated otherwise.
  2. You agree to pay us all Subscription Fees application to your Subscription Plan in accordance with the Payment Terms.

 

  • License to Use of the Editor

 

    1. Subject to:
      1. registering for an Account in accordance with clause 2;
      2. compliance with these Terms & Conditions; 
      3. Adherence to restrictions set out in clause 6; and
      4. payment of any Subscription Fees applicable to your Subscription Plan,

we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Editor (including recommended edits generated by the Editor) for any lawful purpose to the extent that the various features and functions of the Editor are available through your chosen Subscription Plan.

 

  • Restrictions

 

      1. The Editor is designed to assess text for health literacy principles and is not designed or intended to collect or store Personal Information.
      2. You must not input or transmit any Personal Information including Sensitive Information into the Editor.
      3. You warrant to us that, with respect to any information or materials that you input or transmit into the Editor, you have obtained all necessary consents to input or transmit such information into the Editor, including but not limited to consents required by law and in relation to copyright and moral rights.
      4. You agree to indemnify and hold us harmless from and against all Claims or Loss that arises out of or in connection, directly or indirectly, any breach by a User of clause 6.1.

 

  • Disclaimers & Acknowledgements

 

Not Medical Advice

  1. The Editor is not (including any recommended edits generated by the Editor) is not a substitute for professional medical advice, diagnosis or treatment.
  2. The Editor is not suitable for use in life-threatening or emergency situations. In such situations, you should call Police, Fire or Ambulance – if within Australia, call Triple Zero (0-0-0).

‘As Is’

  1. Whilst we have taken all reasonable care and skill in developing and providing the Editor, the Editor is provided on an 'as is' basis.
  2. We do not warrant or represent that the Editor is complete, current or free from errors or omissions.

Availability

  1. Whilst we use all reasonable endeavors to ensure availability of the Editor, the availability of the Editor may be unavailable from time to time, including but not limited to due to planned maintenance, malfunction of equipment or software, difficulties with internet access or other technological problems outside of our control.
  2. We do not warrant or represent that your access to and use of the Editor will be continuous, uninterrupted, and timely.

Security

  1. Whilst we use best endeavors to maintain the security of the Website and Editor, we do not guarantee the security of the Website, the Editor of your Account (including your Account and any other information supplied to us in connection with your use of the Website or Editor). 
  2. To the maximum extent permitted by law, we disclaim all liability for any Loss that you suffer that arises out of or in connection with your use of the Website or Editor, including but not limited to due to any computer virus, data breach or other technological problems.

New Features

  1. We may, at our discretion and own timetable, build and release New Features.
  2. You acknowledge that:
    1. on their release, New Features may not be fully functional and may require acceptance testing or beta testing; and
    2. until such time that we confirm that a New Feature is fully functional and has passed any required testing (either by notice published on our Website or to you in writing) if you choose to access or use a New Feature:
      1. you do so at your own risk; and
      2. we will not be liable for any Loss suffered by you resulting from the New Feature not operating as intended or in an otherwise fully functional manner or at all.

Verification of Recommended Edits 

  1. You are solely responsible for verifying the accuracy and completeness of all recommended edits generated by the Editor and for ensuring that they are appropriate for your intended use.
  2. You should seek the advice from qualified professionals as needed.
  3. We make no warranties or representations as to the accuracy, reliability, completeness, or suitability of such recommended edits, and will not be liable for any errors or omissions.

Analytics

  1. You acknowledge that we may store and use any information or materials inputted or uploaded into the Editor by Users for our internal business purposes, including but not limited to:
    1. research and product development; and
    2. statistical analysis and identifying trends to enhance User experience.
  2. You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use any information or materials that Users input or transmit into the Editor for the purposes contemplated by clause 7.14.
  3. You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use and incorporate into the Website and the Editor any proposals, recommendations, suggestions or other feedback provided by you with respect to the Website or Editor.
  4. You warrant to us that, with respect to all licenses granted under clauses 7.15 and 7.16, you have obtained all necessary consents to grant us the licenses granted under clauses, including  but not limited to consents required by law and in relation to copyright and moral rights.

Third Party Terms

  1. You acknowledge and agree that third party applications may apply to any part of the Website or Editor, including Stripe (a Stripe, Inc. application) for payment processing, and any use of such third party applications is subject to their terms and conditions.
  2. We will use reasonable endeavors to notify you of any aspects of the Website or Editor which are subject to any such terms and conditions. 
  3. By accessing or using a third party application, you agree to be bound by their terms and conditions. 

Artificial Intelligence

  1. If you purchase a Professional Subscription (or a Corporate Subscription which includes features or functions that are otherwise only available as part of a Professional Subscription), you acknowledge and consent to the fact that the Editor may include features or functions that are integrated with artificial intelligence or large language models, and that such technologies may be used to process information or materials that you input, upload or otherwise transit into the Editor.
  2. If you do not consent to this, do not purchase a Professional Subscription.

 

  • Intellectual Property Rights

 

      1. The Website, the Editor and all content, works, data, materials and other information provided therein is owned by us or our respective licensors (Our Materials).
      2. You agree that we own and will continue to own all Intellectual Property Rights that subsist or are capable of subsisting in Our Materials, including with respect to any Intellectual Property Rights that we create or develop after the date you agree to these Terms & Conditions, including all recommended edits generated by the Editor.
      3. We note that clause 5.1 sets out how and on what terms and conditions you can obtain a license to use recommended edits generated by the Editor.
      4. You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use any information or other materials you input, upload or transmit into the Editor to the extent necessary for us to provide services to you.
      5. For the avoidance of doubt, we make no claim of copyright of the text, information or other materials which you input, upload or transmit into the Editor.
      6. You warrant to us that us all any information or materials that you input or transmit into the Editor does not infringe the Intellectual Property Rights of any third party.
      7. You agree to indemnify and hold us harmless from and against all Claims or Loss that arises out of or in connection, directly or indirectly, any breach by a User of clause 8.7.

 

  • Termination and Suspension

 

      1. You may terminate a Subscription Plan by giving notice in writing to us.
      2. If you do not give notice to us in accordance with clause 9.1 prior to the start of the next billing period for Subscription Fees, you will remain liable for the next billing period’s Subscription Fees.
      3. We reserve the right to terminate or suspend your rights to access and use of the Website and the Editor immediately at any time, without the need to give notice, where:
        1. a User breaches these Terms & Conditions; or
        2. we suspect on reasonable grounds that a User has or may breach these Terms & Conditions.
      4. In the event of termination or suspension under clause 9.3: 
        1. we will not be liable to the you or to any third party for any Claims or Loss that arises out of or in connection, directly or indirectly, such termination or suspension or any other actions taken by us in connection with such termination or suspension; and
        2. no refund will be provided on account of any unused Subscription Fees.
      5. On termination, your rights to access the Editor will immediately cease.

 

  • Limitation on Liability

 

      1. To the maximum extent permitted by law, we will not be liable to you for any Claim or Loss whatsoever or howsoever caused, including consequential loss, in connection with your use of the Website and Editor, other than:
        1. Loss which it is unlawful to exclude;
        2. Loss caused by an act by us which constitutes fraud, willful default or gross negligence.
      2. To the extent that the Australian Consumer Law applies to a supply of services by us in connection with these Terms & Conditions, we limit our liability to the re-supply of those services.
      3. Our maximum aggregate liability, with respect to any Claim in relation to a User’s use of the Editor, howsoever arising shall not exceed the total amount of Subscription Fees actually paid to us by you in the 12 months immediately preceding the first incident which gave rise to that Claim.
      4. Our liability under these Terms & Conditions will be reduced to the extent that the relevant Loss was caused or contributed to by you.

 

  • General

 

      1. These Terms & Conditions are governed by the law applying in New South Wales, Australia. 
      2. You irrevocably submit to the exclusive jurisdiction of the courts exercising jurisdiction there with respect of any Claim arising out of or in connection with, directly or indirectly, these Terms & Conditions.
      3. We reserve the right to amend these Terms & Conditions at any time.
      4. You agree that us publishing a notice on the Website of any amendments to these Terms & Conditions will constitute sufficient notice to you of those amendments.
      5. By continuing to access and use the Website or Editor after any such amendments, you signify that you have read, understood and agree to be bound by the amended Terms & Conditions. 
      6. Any notice given under these Terms & Conditions must be given in writing and may be sent by email. Our email address for purposes of notices is [email protected].
      7. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the other provisions of these Terms will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

  • Definitions
  • In these Terms & Conditions, unless the context requires otherwise:

 

Account means an account for use the Editor.

Authorised Person, means, in relation to a Corporate Subscription, a person who is designated by you and agreed to by us as authorised to use the Editor in connection with your Account, as set out in the Order Form or otherwise agree in writing.

Claim means any debt, liability, claim action, proceeding, costs (whether or not the subject of a court order), cause of action, suit or demand (including by way of contribution or indemnity) however it arises (including under contract, at law in equity or by statute), and whether it is present or future, fixed or unascertained, actual or contingent arising in any jurisdiction.

Editor means the online platform hosted at on the Website that allows you to assess text for health literacy principles.

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

Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any formula, recipe, copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

Loss means all liabilities, losses, damages, costs and expenses (including all reasonable legal costs determined on a solicitor and own client basis) whether incurred or awarded against a party, together with disbursements and costs of investigation, litigation, settlement, judgment, interest, fines and penalties, regardless of the action or omission, event, claim, direction or proceeding under which any of them arise.

New Features means new attributes for or functionality of the Editor made available as part of your Subscription Plan that were not listed on the Website or the Order Form (as the case may be) at the date on which you first subscribed for a Subscription Plan.

Order Form means, in relation to a Corporate Subscription, the document which sets out the Subscription Fees payable, names and number of Authorised Users and any other additional terms application to that Corporate Subscription.

Paid Subscription means an Advanced, Professional or Corporate Subscription.

Personal Information has the meaning given in section 6 of the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means our Privacy Policy (as amended from time to time) which can be found at https://www.healthliteracysolutions.com.au/privacy.

Subscription Fees means the fees applicable to your chosen Subscription Plan as set out on our Website, any Order Form or otherwise agreed in writing between us from time to time.

Subscription Plan means a subscription to access and use the Editor, which is required to be linked to your Account, can be paid or unpaid, and is otherwise as more particularly described in clause 4.2 and on the Website.

Payment Terms means the payment terms for payment of the Subscription Fees applicable to your chosen Subscription Plan, as set out on our Website, any Order Form or otherwise agreed in writing between us from time to time.

Terms & Conditions means the terms and conditions contained in this document.

Sensitive Information has the meaning given in the Privacy Act.

User means, in relation to the Editor, you and any person who you allow to access or use the Editor via your Account (whether or not an Authorised Person).

Website means the website hosted at https://www.healthliteracysolutions.com.au.