01 Jul 2021
Welcome to the Innowell platform!
These Terms and Conditions apply to users who use and access the Innowell platform in Canada through Alberta Health Service. If you are accessing our platform from Australia or any other location, please refer to the terms available here.
These Terms and Conditions outline your rights and responsibilities as a user of the Innowell platform, so it is important that you read and understand them before using and accessing the platform.
Our Platform is made available in Canada through the Alberta Health Services (AHS).
We have many different users who can use the Platform to receive or provide care services. For ease, we have identified each type of user below, and we have indicated throughout these Terms and Conditions where information applies to only a particular type of user.
Our users are:
By creating an account and using the Platform, you acknowledge that you have read, understand and agree to comply with:
If you have any questions about the Terms, please contact us at privacy@innowell.org. Otherwise, our Terms form a binding contractual agreement between the user of the Platform (you) and us. If you do not agree to the Terms, as amended from time to time, you must not access or use the Platform.
DO NOT USE THE PLATFORM IF YOU EXPERIENCING A MEDICAL EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911
We, Innowell Pty Limited ACN 617 239 166 (Innowell, us, our, we) own and operate the Innowell platform (Platform) and the website located at www.innowell.org (Site). We are an Australian-based technology company based in Sydney, Australia.
If you are an Individual, you may only access the Platform if extended an invitation to do so by AHS, your use of the Platform is provided to you free of charge. AHS will extend invitations at the request of your Health Services Provider.
If you are a Support Person, then you must be invited to access the Platform by an Individual. Your use of the Platform is provided to you free of charge.
If you are a Health Services Provider, you must be invited to use the Platform by AHS. Your use of the Platform is provided to you free of charge as part of AHS’s licence from us.
If you are a Service Manager, you must be invited to use the Platform by AHS. Your use of the Platform is provided to you free of charge as part of AHS’s licence from us.
You are responsible for maintaining the confidentiality of your account, including your password, and for all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
You must notify us immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of, or visitor to, the Platform attributable to using your password or account as a result of your failing to keep your account information secure and confidential.
You must not use anyone else’s password or account at any time without our express, prior, written permission. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
You must:
You must not:
You may cancel your account at any time through the functionality provided on the Platform.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (content), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of content, embodied in the Platform is owned, controlled or licensed by or to us, and is protected by intellectual property rights and laws.
Your use and access of the Platform does not grant or transfer any rights, title or interest to in relation to the content on or in the Platform.
Except as expressly provided in the Terms, no part of the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
You may use information published in the Platform (such as the personal information you and/or we collect or produce) and any similar information we make available for you to access or download from the Site, provided that you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media through any means not purposely made available by us; make no modifications to any such information; that such use complies with applicable laws; and that you do not make any additional representations or warranties relating to such information.
We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the Platform from unauthorised access or use by a third party or misuse, damage or destruction by any person.
However, given the nature of the internet, we do not guarantee and cannot ensure the security of the Platform and we expressly exclude liability for any loss, however caused. By using the Platform, you acknowledge that Internet communications are never completely private or secure. You understand that any message or information you send to the Platform or that the Platform sends to you may be read or intercepted by others, even if there is a special notice that a particular communication is encrypted.
We recommend that you take proactive measure to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security measures.
The Platform may contain links to other websites owned and operated by third parties which are not under our control. Such third party links are provided as a convenience to you and the existence of such links on the Platform is not an endorsement of those third party links.
We are not responsible for the content or material contained on any third party link. You will need to make your own independent assessment of any third party links.
Not Applicable to you.
We use cookies (small data files that are stored on your computer) to collect anonymous traffic data and to improve your user experience. You can remove or block cookies using the settings in your web browser, but this may impact your ability to use the Platform.
We may also collect and store information about your visit to the Platform, including:
All of the information we collect is aggregated and is not used to identify you. This information is used to measure visitor numbers and to assess how the Platform was used in order to maintain its effectiveness.
We do not collect this information for any type of advertising.
We reserve the right, but are not required, to provide updates to the Platform to alter, improve or add to the functionality of the Platform or to overcome defects in the Platform.
If we choose to provide an update the Update is a “Major Update”, that is, an update that will or is like to materially affect your ability to access and use the Platform, then we will provide you with notice of the proposed update. The notice will identify the nature of the update and its anticipated effect on your ability to access and use the Platform. For the avoidance of doubt:
W e will not exercise its rights under this clause 10 in a manner which would materially decrease the utility of the Platform to you.
We will collect, use and disclose any personal information you provide us when using the Platform in accordance with our Privacy Policy for Canadian Users, which you can view here. For more information on our information collection and handling practices, please view our Privacy Policy or contact privacy@innowell.org.
While every effort is taken to ensure that the information on the Platform is accurate, we make no representations and give no warranties that this information is correct, current and complete.
We take reasonable steps to ensure that the Platform remains available. However, we take no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control, or for maintenance or other technical reasons. We do not warrant that the functions of the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the servers that make it available are free of viruses or other harmful components.
In no event will we be liable for any loss or damage including without limitation, any direct, indirect, incidental, consequential, special or exemplary loss or damage, for:
If you are dissatisfied with the Platform, your sole and exclusive remedy is to discontinue using it.
You are responsible for considering the appropriateness of the Platform for your intended application and use and we give no warranty, guarantee or representation that the Platform is suitable for or meets your requirements.
We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.
To the fullest extent permitted by law, in no circumstances are we or our affiliates or any of our or their respective directors, officers, employees, contractors, or agents liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Platform.
To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
You will indemnify and save harmless Innowell and its affiliates (as such term is defined in the Canada Business Corporations Act) and each of our and their respective directors, officers, employees, contractors, and agents [Note: Please see note below.](together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any one or more of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose directly or indirectly out of or in connection with:
except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons.
The parties must use their reasonable endeavours to resolve through negotiation all disputes, conflicts (including, without limitation, conflicts of interest) differences or questions between them arising out of or in connection with these Terms.
If within 10 business days, the dispute cannot be resolved following negotiation between the parties, either party may refer the dispute for arbitration. Any such dispute shall be referred to and finally resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (the Rules), but subject to the agreement of both parties, the ICC is not required to administer the arbitration (the Arbitration). Unless otherwise agreed to by the parties:
If a party fails to adhere to the terms of this clause titled “Dispute Resolution” and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to any proceedings so issued.
We reserve the right to cease operating the Platform, without notice and for any reason.
On expiry or termination of these Terms:
We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Platform.
If you wish to contact us or make a complaint, please contact us at support@innowell.org.
We may vary, amend or otherwise modify the Terms at any time.
We will publish the new terms on the Platform, at which time they will be effective.
Your continued use of the Platform following posting of the new terms constitutes your acceptance of the new terms.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
The Terms are governed by the laws in force in New South Wales, Australia without regard to conflict of laws principles.
You and we submit to the exclusive jurisdiction of the courts of New South Wales.
Last update of these Terms and Conditions: July 2021
You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Innowell, such harm would not be quantifiable in monetary damages, and Innowell would not have an adequate remedy at law. You agree that Innowell shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Innowell post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Innowell to enforce any provision of these Terms.