Terms, Conditions & Privacy

Welcome to Healthy Habits!

Healthy Habits (Service) is proposed to you by the Royal Australian College of General Practitioners Ltd ABN 34 000 223 807 (RACGP or we), and is designed to support you to improve physical activity and eating habits.

These Privacy Notice and Terms and Conditions (Terms and Conditions) govern your use of the Service. Please read them carefully before using the Service.

Privacy Notice

In accessing and registering to this Service, you acknowledge the RACGP will collect or have access to your Personal Information (as defined in the Privacy Act 1988 Cth) and you consent to this collection, and to its subsequent use in connection with these Terms and Conditions or any of the activities envisaged by the Heathy Habits program, as are reasonably necessary. We may also use any data collected in de-identified aggregated form for research and benchmarking purposes (including with third parties), and publication of the results evaluations of the Healthy Habits program.

The type of personal information collected may depend on your interaction with the Service. For example, we may collect:

• Your first name
• Your date of birth
• Your GP and practice name
• Your physical activity, nutrition and/or sleep health goals
• Your progress against set goals

If you do not provide us with your Personal Information, we may not be able to provide you with access to the Service.

The RACGP may disclose your Personal Information to our third-party providers, including third-party providers for administering and evaluating use of the Service. These third-party providers may use sub-contractors to assist it in the provision of its services.

Acceptance of the Privacy Notice and Terms and Conditions

By clicking the "I Understand" button and/or otherwise accessing or using the Service you agree to follow and be bound by these Terms and Conditions. If you do not agree to all the terms in these Terms and Conditions, you must not use or access the Service.

By agreeing to these Terms and Conditions, you also understand the Service is managed by our third-party provider, Orchard, and hosted on the Google Cloud Platform whose servers are located in Australia. The RACGP believes this to be a secure platform for your information.

These Terms and Conditions may be varied by the RACGP at any time. You will be notified of any such change for your acceptance. You may accept by continuing to use the Service. You will ensure you have read, understood and agree to the most recent version of these Terms and Conditions posted on the Healthy Habits website or as otherwise notified to you.

Access

You must always use your own username and for the website, a password when accessing the Service. You are responsible for any activities occurring under your username. These login details must therefore remain confidential, and you must never transfer these to any other person or let any other person access the Service through your account.

You must use the Service for the purposes of the Healthy Habits program, that is to support you to improve physical activity and eating habits.

You also acknowledge, from time to time, the RACGP may restrict access to some parts of the Service. The RACGP may withdraw or amend any of the activities the Service provides. The RACGP may also suspend or disconnect your access to all or part of the Service during technical failure, or for maintenance purposes. These may be done without warning, however the RACGP will provide advanced notice where it can. The RACGP will not be liable for any such activity.

You will have the option to opt out of the Service at any point. At the point of opting out, you acknowledge your access to the Services will be disconnected and that your data including your personal information will be kept by the RACGP for evaluation purposes, unless you request that it be deleted.

Information on this Service

The information and materials on the Service (Information) are intended to support you to make positive lifestyle changes and improve your physical activity and eating habits.

If you do not agree or are not comfortable with the Information, please consult your doctor (or their representative). The Service is not a substitute for seeking medical advice. Always consult with your doctor for medical advice and for answers to your medical questions.

Intellectual property rights

The RACGP or its licensors own all intellectual property rights (including any copyright, trademark rights and patent rights) in the Information and the Service.

Nothing in these Terms and Conditions grants you a licence or right to use any RACGP’s intellectual property rights in the Information and the Service without the RACGP’s prior written consent.

Prohibited uses

You agree you (and any party connected with you) will not:

• use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions;
• use the Service for any purpose which could damage, disable, overburden or impair the Service or interfere with any other party’s use and enjoyment of the Service;
• copy, reproduce, alter, modify, create derivative works, distribute, transmit, publicly display, publicly perform, edit, translate or reformat any of the Information without the RACGP’s prior written consent;
• use any robot, spider, screen scraper, data aggregation tool or other automatic process to monitor, copy or extract any Information, or combine any Information with the information of a third party, without the RACGP’s prior written consent; or
• reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other formulae or processes in respect of the Site.

External Sites

The Service may contain links and frames to websites owned or operated by third parties independent of RACGP (External Sites). Such links and frames are provided for convenience only, and the RACGP does not endorse, sponsor or approve, and makes no warranties or representations in relation to:

• the operators of the External Sites;
• the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the material on the External Sites, or the people who contribute to them; or
• that the material on the External Sites does not infringe the intellectual property rights of any person.

Cookies

Cookies are pieces of information that are transferred to your phone or computer for record-keeping purposes, usage statistics or to provide enhanced functionality on the Service. Our cookies may do some or all of these depending on the particular functionality. Generally, the information obtained by cookies is de-identified, but may include your IP address. You agree that we may use this information for additional functionality or to analyse usage patterns.

Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information. If you choose to decline cookies, some parts of the Service may not work as intended or may not work at all.

By using the Service, you accept the use and installation of these cookies and other similar technologies.

Disclaimer and exclusion

The RACGP:

• does not guarantee or promise you will receive any benefits from participating in the Healthy Habits program;
• does not warrant or guarantee the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the information;
• does not guarantee your mobile device will display the colours and images within the Service accurately;
• provides the Service and Information on an ‘as is’ basis;
• does not warrant or guarantee that the Service will be always available; and
• does not guarantee the Site or External Sites will be error free, free from viruses, that defects will be corrected or that access to the Site or External Sites will function as intended or be uninterrupted.

You acknowledge that the Service involves input of information by you of your personal circumstances and accordingly, the RACGP is not responsible or liable for any reliance on the Service where the information provided by you is not accurate or complete.

The RACGP excludes, to the maximum extent permitted by law, all warranties (whether express, implied, statutory or otherwise, and specifically any implied warranties or conditions of merchantability, fitness for purpose, title and non-infringement) in relation to the Information, the Service or any material on External Sites accessed via the Site or which link or refer to the Service.

The RACGP’s liability in respect of any non-excludable warranty or condition is limited at the RACGP’s option and to the maximum extent legally permitted, to the resupply of Information and any activities from the Service, or the cost of having a third party provide the same.

The RACGP is not liable, to the maximum extent permitted by law for any expenses, losses, costs (including but not limited to legal costs), damages or liabilities (whether direct, indirect or consequential) connected with the Service or your access to any part of the Service, whether in contract, tort (including negligence), statute or otherwise.

Indemnity

You agree to indemnify, defend and hold harmless the RACGP from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings arising, resulting from or in connection with any violation by you of these Terms and Conditions.

Confidentiality

Confidential information includes the Information, and all information that is by its nature confidential or is designated confidential by the RACGP, or which you know or ought to know is confidential.

The RACGP places great importance on the protection of its confidential information. You may be given access to confidential information during your activities on the Service. Given the nature of this material, it is critically important it remains in the strictest confidence.

You must not copy or reproduce any confidential information other than as necessary for Service purposes.

Miscellaneous

If your access to the Service is suspended or disconnected in accordance with these Terms and Conditions, all restrictions on you and disclaimers, exclusions and limitations of the RACGP's liability set out in these Terms and Conditions will survive such disconnection or suspension.

Any provision in these Terms and Conditions that is illegal or unenforceable may be severed to the extent of that illegality or unenforceability, and the remaining terms or parts of the terms continue in force. No right under these Terms and Conditions is waived or deemed to be waived except by written notice signed by the party waiving the right. A party does not waive its rights by granting an extension or forbearance to the other party. A waiver by one party does not prejudice that party’s rights in respect of any subsequent breach by the other party.

These Terms and Conditions are governed by the law of the State of Victoria and each party submits to the exclusive jurisdiction of the courts of that State.