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Terms of Service

Application

The DoseMe App is a dose-individualisation software application. It is intended as an aid for suitably-qualified medical staff in making dosing recommendations. The DoseMe App itself does not provide medical advice. By accessing the DoseMe App you acknowledge and agree to be bound by these terms and conditions. If using the DoseMe App on behalf of a corporation you warrant that you are authorised to agree to these terms on behalf of that corporation. By accessing the DoseMe App you warrant that you are a suitably-qualified healthcare professional, and that both your and any use of DoseMe for its intended purposes is legal in your local jurisdiction.

Intellectual Property

DoseMe Pty Ltd grants you a non-exclusive licence to use the DoseMe App for the limited purposes of evaluation only, and any other purposes previously granted by written contract with DoseMe Pty Ltd.

DoseMe Pty Ltd retains ownership of all intellectual property rights in the DoseMe App, including any future development or modifications to the App, including any modifications incorporating data or user feedback.

You must not copy, disclose, distribute, reverse-engineer or sub-license any part of the DoseMe App, nor use it for any purpose other than evaluation.

Confidentiality

Confidential Information means all confidential information belonging to DoseMe Pty Ltd, including the content and methodology of the DoseMe App, but excluding information independently known to you or in the public domain other than in breach of an obligation of confidentiality.

You must not use or disclose any confidential information.

You must keep your user id and password confidential. You are responsible for the actions of anyone who accesses the DoseMe App using your user id and password.

You acknowledge and agree that DoseMe Pty Ltd may use de-identified data gathered via the DoseMe App and your user feedback, to make changes to future versions of the DoseMe App.

Other Rights

DoseMe electronically provides the instructions for use (IFU), which includes manufacturer details and user documentation. The IFU may be accessed in-app and via the DoseMe web site in electronic form by accessing the “Help” menu item. In accordance with EU Directive No. 207/2012, a paper version will be provided upon request in writing to:

Attn: IFU Request,
DoseMe Pty Ltd,
Level 2, 4 Frederick St,
Taringa, QLD 4068,
AUSTRALIA

Indemnification and Limitation of Liability

Release and Indemnity

To the maximum extent permissible at law, you release and indemnify DoseMe Pty Ltd and our employees, officers, agents, contractors and directors against any and all losses, costs, expenses and damages, including but not limited to reasonable legal fees, arising from or in connection with:

  • your negligence, reckless or intentional misconduct;
  • any recommendations or advice you provide to others, whether or not you have relied on the DoseMe App;
  • any disruption, loss of data or any other loss or damage of any kind whether directly or indirectly arising in connection with your usage of the DoseMe App;
  • any loss or damage to persons or property belonging to us or anyone else, caused by your usage of the DoseMe App.

Limitation of Liability

You expressly acknowledge and agree that to the maximum extent permissible at law, we are not liable for any losses, costs, expenses or damages however caused.

You expressly acknowledge and agree that we are not liable for any indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities you suffer in any way, even if we knew or should have known about the possibility of such loss.

You agree that under no circumstances will our total liability to you exceed $1000.

General

Jurisdiction

The laws of the State of Queensland, Australia apply to this Agreement and the parties submit exclusively to the courts of that jurisdiction.

Severability

If any provision of this agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.

Waiver

Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.

Copyrights and Trademarks

DoseMe® is a registered trademark of DoseMe Pty Ltd. Any other trademarks are the property of their respective owners.

 

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DoseMe® is a registered trademark of DoseMe Pty Ltd. DoseMeRx℠ and DoseMe℞℠ are service marks of DoseMe LLC.