RightMinder Android Terms and Conditions

Welcome to RightMinder!

1 Introduction
1.1 RightMinder is a software based application that operates on an Apple Watch or an Android Wear Watch (Smart Watch). RightMinder can detect physical events (such as falls) (Events) based on the sensors built into a Smart Watch. If RightMinder detects an Event, it can send a rightminderNotification from a Wearer to their nominated Carer. RightMinder also makes use of the GPS tracking and sound recording features of a Smart Watch, allowing a nominated Carer to know where the Wearer is and so that the Carer may determine what assistance is required should an Event occur.
1.2 These Terms and Conditions govern the use of RightMinder by users on an Android Wear Watch (Wearers) and nominated carers (Carers). Different terms and conditions apply to Wearers and Carers and for that reason, section 3 of these Terms and Conditions applies only to Wearers and section 4 of these Terms and Conditions applies only to Carers. All other provisions in these Terms and Conditions apply to both Wearers and Carers.
1.3 ConnectUs Life Pty Ltd (ABN 22 609 947 355) (we, us, our) is the owner of RightMinder and its content. These Terms and Conditions apply between you, as either a Wearer or a Carer, and us only, and not between you and Google or any of its subsidiaries. We and not Google are solely responsible for RightMinder and for any content provided by us.
1.4 By downloading, accessing or using RightMinder, you agree to be bound by these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you must not install or use RightMinder. Please note, we may, from time to time, update RightMinder. To continue using RightMinder, you may need to download and install the new version and your device may do this automatically. By installing the new version you agree to be bound by these Terms and Conditions as they exist at that time.
1.5 Please read these Terms and Conditions carefully. We may at any time (without prejudice to our other rights or remedies) immediately terminate your right to access and use RightMinder in the event that you fail to comply with these Terms and Conditions.
2 IMPORTANT Safety warning
2.1 RightMinder is not intended to prevent an Event from occurring, nor should it be relied upon to the exclusion of any other safety procedures you may have in place or may be able to put in place. RightMinder relies upon the technical abilities of the hardware contained in a Smart Watch for Wearers and the hardware contained in a smart phone for Carers.
2.2 RightMinder is intended to be an additional safety resource and is not intended to provide complete Event detection or protection. There are a number of situations where RightMinder may not detect an Event, such as if your Smart Watch is faulty or if your Smart Watch has not been set up correctly. We provide no guarantee that RightMinder will detect all Events or operate without fail in all situations and as such we recommend that you discuss with your healthcare professional what other safety precautions you should put in place to assist you in the event you suffer an Event.
3 Use by Wearers
3.1 The terms in this section apply only to Wearers.
3.2 As a Wearer, you are entitled to download, install and use RightMinder on a suitable Smart Watch. Please note, that RightMinder will only work on a Smart Watch which may need to be paired with another device.
3.3 When using RightMinder you will need to provide personal information including possibly sensitive information (such as health information). It is your responsibility to ensure that all information you provide to us is accurate, complete and up-to-date. If you do not do this RightMinder may not operate as intended.
3.4 You consent to the collection of GPS location information. RightMinder collects GPS location information in order to assist your Carer to locate you should an Event occur.
3.5 You consent to the collection of audio. RightMinder provides audio recording in order to provide your Carer with better information regarding your situation should an Event occur.
3.6 You consent to the collection of medical information. RightMinder makes use of various Smart Watch sensors and is able to monitor medical information such as your heart rate.
3.7 You warrant that you:

(1) have the express permission of your Carer to upload and share their contact details with us;
(2) for any other information you upload, you are the owner or authorised user of the Content (as that term is defined in section 7 below); and
(3) you have the express permission of your Carer to send communications to them by push rightminderNotification or otherwise.
4 Use by Carers
4.1 The terms in this section apply only to Carers.
4.2 In order to send out alerts, we need to record and use your contact information. You agree to us collecting and storing this information and you consent to us contacting you via push notifications, SMS or telephone calls.
4.3 As a nominated carer, you have been selected by a Wearer to look out for them should an Event occur. You are therefore expected to act responsibly and to take care with the information provided to you by RightMinder. You are not to use the information provided by RightMinder other than for the benefit of the Wearer.
5 Use of RightMinder generally
5.1 You must access and use RightMinder in accordance with these Terms and Conditions and any other instructions we provide to you from time to time.
5.2 You must not upload into RightMinder, or use RightMinder to distribute, any content that breaches any law or infringes any person’s intellectual property or other rights.
5.3 You must not use RightMinder in a manner which is reasonably likely to harm or impair any IT systems or any other person’s use of RightMinder or in a manner reasonably likely to cause loss or harm to any person or to jeopardise the health or safety of any person.
6 Intellectual Property
6.1 All intellectual property rights relating to RightMinder are owned by us or our affiliates or licensors. You acquire no rights or licences in or to RightMinder other than the limited right to use RightMinder in accordance with these Terms and Conditions. All rights not expressly granted under these Terms and Conditions are reserved by us.
6.2 You must not do anything with RightMinder that is not expressly authorised by these Terms and Conditions. Without limitation, you must not copy, distribute, modify, adapt, reverse engineer, decompile or disassemble RightMinder, or merge RightMinder with any other software. You must not use RightMinder’s database or the information that RightMinder collects for any purpose other than as set out in these Terms and Conditions.
6.3 In the event of any third party claim that RightMinder, or your possession or use of RightMinder in accordance with these Terms and Conditions, infringes that third party’s intellectual property rights (other than by reason of content you have elected to use with RightMinder), us and not Google will (subject to these Terms and Conditions) be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property claim and you must provide all reasonable co-operation to us in connection with that matter.
7 Application Licence
7.1 Subject to your compliance with these Terms and Conditions, we grant you a non-exclusive, non-transferable, non-sublicensable licence to download, install, access and use RightMinder, solely for your own personal use in accordance with these Terms and Conditions. You must not use RightMinder for any commercial or business purposes. You must abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in or associated with RightMinder.
7.2 You may upload Content using RightMinder. Content means information uploaded by you or on your behalf in connection with your use of RightMinder such as your Carer’s contact details. Content does not include the data, images, documents and other information or materials included by us with RightMinder.
7.3 You must not upload, transmit or distribute Content that breaches any law or infringes any third party rights.
8 Privacy
8.1 We will manage your personal information in accordance with our Privacy Policy and our obligations under the Privacy Act 1988 (Cth). Please see our Privacy Policy at: www.rightminder.co/privacypolicy
8.2 We have taken reasonable steps to implement security measures to protect your personal information when it is stored on our systems. You are responsible for keeping your password secure. As long as we continue to take reasonable steps to keep your personal information secure, we are not liable for any loss, interference or unauthorised access to that information.
8.3 By using or accessing RightMinder in any way, you agree to the handling of your personal information as described in our Privacy Policy. In particular, you agree to us collecting, using and storing your personal information (including your sensitive health information if you are a Wearer). If you are a Wearer, you also agree to us disclosing your personal information (including possibly your sensitive health information) to your Carer.
9 Your Liability
9.1 You indemnify and hold us and our affiliates and their respective directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your Content or your use of RightMinder.
10 Our Liability
10.1 1.1 Any information included in RightMinder must not be relied on or interpreted as medical or other advice in relation to your condition or possible treatment and you should instead seek advice from your healthcare professional.
10.2 Without limitation to the rights and remedies you may have under the Competition and Consumer Act 2010 (Cth) and to the extent permitted by law, if we are not permitted by law to exclude liability but we are permitted to limit our liability, our liability and that of our affiliates is limited, at our option, to the replacement, repair or resupply of the relevant goods, or the resupply or a refund of the cost of the relevant services. We and our affiliates and their respective directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss or loss of profits) you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing RightMinder. You release all such entities and persons from all such liability.
10.3 RightMinder is provided “as is”. To the fullest extent permitted by law, we and our affiliates exclude all express or implied warranties, representations, terms and guarantees about the currency, accuracy, suitability, functionality or reliability of RightMinder and any content or information associated with RightMinder. Without limitation, we and our affiliates do not warrant that:

(1) RightMinder is compatible with your hardware or software;
(2) functions of RightMinder (or which you access through RightMinder) will be uninterrupted or error free;
(3) defects will be corrected; or
(4) RightMinder or any server that makes it available is free of errors or viruses, worms or “Trojan horses”.
10.4 You must take reasonable steps to minimise the extent of any loss or damage you may suffer as a result of the provision of RightMinder.
11 Maintenance
11.1 You acknowledge neither we nor Google have any obligation to furnish you with maintenance and support services with respect to RightMinder or your use of RightMinder. We may change, modify or update RightMinder at any time without notice and you may be required to download a new version of RightMinder to be able to continue to use RightMinder.
12 United States Restrictions
12.1 You represent and warrant that: (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
13 Suspension or termination
13.1 We may suspend, terminate or limit your access to RightMinder at any time if:

(1) you materially breach these Terms and Conditions;
(2) the law requires us to do so;
(3) if it is necessary for the maintenance or repair of our systems; or
(4) if there are any other reasonable grounds for us to do so.
13.2 If you are a Wearer and you would like to terminate your RightMinder account you may do so by contacting us (see contact details in section 17 below) or by utilising the in-app account deletion feature. Upon receiving your request to terminate your account we will remove your Content including your Carer contact details.
13.3 RightMinder is charged as a subscription service. Subscriptions are non-refundable. Subscriptions will automatically renew unless cancelled. This means that even if you delete your account by contacting us or by utilising the in-app account deletion feature you will still be charged unless you remove the subscription service from your device. You may cancel the automatic renewal of your subscription to RightMinder by following the process provided by Google: https://support.google.com/googleplay/answer/2476088?hl=en-AU
13.4 If you are a Carer and would like to be removed as a Wearer’s Carer, you may do so by contacting us (see contact details in section 17 below) or by utilising the in-app functionality. Upon receiving your request to terminate your account we will remove your contact details from the Wearer’s account. We will contact the Wearer to inform them that this has occurred so that they may list another Carer.
14 Advertisements
14.1 We may offer a free or discounted version of RightMinder which may include advertisements from third parties that, if selected, will direct you to the advertiser’s website (Advertiser Website). The display of such advertising does not in any way imply an endorsement or recommendation by us of the relevant advertiser, its products or services or any such Advertiser Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products or services. To the extent permitted by law, we accept no responsibility for any interaction between you and the relevant third party and we are released from any liability arising out of or in any way connected with such interaction.
14.2 To the extent permitted by law, we are not responsible for, and do not control or approve, the contents of any Advertiser Website. We are not a party to any transaction between you and an Advertiser Website. Your use of an Advertiser Website is subject to the terms and conditions of the Advertiser Website. Any personal information that you provide to an Advertiser Website will be subject to the privacy policy and practices (if any) of the operator of the Advertiser Website.
15 Google requirements
15.1 You acknowledge and agree that we have obligations to Google by virtue of our agreement with Google regarding the distribution of RightMinder. We exclude all liability for any loss or damage that you may suffer, arising from or in connection to us complying with our contractual obligations with Google.
16 General
16.1 These Terms and Conditions are governed by and to be interpreted in accordance with the laws in force in Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts having jurisdiction there.
16.2 If any of these Terms and Conditions is invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
16.3 If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of any right.
17 Contact Us
17.1 If you have any questions, complaints or claims in relation to RightMinder you should contact us at:
In writing at:
RightMinder
C/O ConnectUs Life Pty Ltd
GPO Box 1976
Brisbane QLD Australia 4001

By Phone: 02 8006 5053
By Email: support@rightminder.co