TERMS - Rapid Test & Track Pty Limited (ABN: 29 645 445 183)

Welcome to Rapid Test & Track. Please read these Terms of Business carefully before using the products and services offered by Rapid Test & Track Pty Ltd (RTT, us, we).

These Terms of Business (Agreement) set out the terms and conditions of our relationship with you and govern your use of our website and the products, services, features, content, and applications offered by RTT and any other services provided by RTT (together, Services). By accessing or using the Services you agree to be bound by the terms of this Agreement, which also incorporates RTT’s Privacy Policy, which can be found on our website.

The Relationship between you and RTT

In this Agreement, Client means you or another third party that has an agreement with RTT to provide the Services and has requested you be provided access to, or to use, the Services through the Client’s account with RTT. Client Contract means the agreement between RTT and the Client.

The Client Contract sets out the terms applicable to RTT’s delivery of the Services to the Client, which allows the Client to invite authorised users to join its account on the Services. When you or another authorised user invited by the Client submits content or information to the Services, or authorises content or information to be submitted to the Services by a Third Party Service (defined below), including but not limited to your name, mobile phone number, potential symptoms of COVID-19 or other virus (Virus), whether you have taken a Virus test, and whether you have been vaccinated against a Virus (Client Data), you acknowledge and agree that the Client Data is owned by the Client and the Client Contract provides the Client with choices and control over that Client Data, including whether such Client Data is retained or permanently deleted, and these choices and instructions may result in the access, use, or deletion of some or all Client Data.

This Agreement will remain in effect until the Client terminates its subscription for you, the Client Contract is terminated or expires, or your access to the Services has been terminated by us, for any reason.

RTT will notify you of any changes to this Agreement by updating this Agreement on our website. If you continue to use the Services after being notified of any changes, your continued use will mean that you have accepted those changes to this Agreement. If you do not accept updated versions of this Agreement or the Services, RTT shall have no responsibility or liability to you for choosing not to accept the changes.

As between RTT and the Client, you agree that it is solely the Client’s responsibility to: (a) inform you and any other authorised users of any relevant Client policies and practices and any settings that may impact the processing of Client Data or your use of the Services; (b) obtain any rights, permissions or consents from you and any authorised users that are necessary for the lawful use of Client Data and the operation of the Services; and (c) respond to and resolve any dispute with you relating to or based on the Client Data, the Services, your employment or engagement with the Client (if applicable), or the Client’s failure to fulfill these obligations.

Property of RTT

The Services are the property of RTT and are protected under applicable laws and other proprietary rights. You may not copy, redistribute, use, or publish any part of the Services, except as allowed by this Agreement and the Client Contract.

RTT grants you a limited licence to access and use the Services. RTT does not grant you the right to download or modify the Services, or any part of the Services.

You agree that our website, logos, graphics, logos, page layouts, scripts and service names are the intellectual property of RTT or its related entities, and you will have no ownership rights in the same.

Third Party Services

You acknowledge that the Services operate in conjunction with third-party websites and services (Third Party Services), and that some of the Services provided are dependent on the availability of such Third Party Services. If at any time any Third Party Services cease to provide availability to RTT, RTT may cease to provide such features to you without entitling you any compensation.

In order to use the features of the Services related to the Third Party Services, you may be required to register for an account with such Third Party Services, provide certain personal information to such Third Party Services, or connect another third party service account to such Third Party Services.

You acknowledge and agree that such Third Party Services will share certain information with RTT for the purpose of providing the Services to you, including but not limited to for the purpose of verifying your identity and whether you have had a Virus test recently and if so, whether the result was positive or negative. You further understand and agree that RTT will share some of this information with the Client for the purposes of authorising you to work, go to school, enjoy an event, or for other purposes communicated to you by the Client.

You acknowledge and agree that RTT is not responsible for, and does not control, Third Party Services. You also understand and agree that RTT is not responsible for the availability of such Third Party Services, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Services.

You acknowledge and agree that RTT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Services, including but not limited to in connection any Third Party Services security breach.

Optional communications

If the Client provides your mobile phone number to us, you will receive an SMS text message with a hyperlink to access the Services on a periodic basis. To opt out from receiving our SMS text messages, you can reply to the text with STOP and you will no longer receive SMS text messages from us until you opt back in. Text message and data rates may apply.

If the Client has not provided us with your mobile phone number or you have opted out of SMS text messages, you agree that we may send you an email to the email address provided by you or the Client with a hyperlink to access the SMS instead. You may opt out of these email communications. However, if you do so, we may not be able to provide the Services to you.

Your responsibilities

You are responsible for all of your activity in connection with the Services and agree not to use the Services for any purpose that is prohibited by law or by this Agreement.

By creating a RTT user account, you represent and warrant that: (a) you are eligible for an account as set out in this Agreement; and (b) the information you include as part of the registration process and thereafter is accurate and not misleading. User accounts may be obtained and used only by persons who are at least 18 years old. The Services are not intended for use by children, especially those under age 13. Any use of or access of the Services by anyone under age 18 is unauthorised, as is any account registration by anyone under age 18.

You understand and agree that: (a) that you are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account; (b) you will be fully responsible for all activities that occur under your account, username and/or password; (c) you will not allow someone who is not you to use your account, username and/or password at any time; and (d) you will immediately notify RTT of any unauthorised use of your username and/or password.

You further acknowledge and agree that: (a) you are responsible for your own medical diagnosis, care, treatment, and oversight; (b) all of the content provided as part of the Services is for informational purposes only, does not constitute the provision of medical advice, and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment; (c) you should always seek the advice of your physician or other qualified health professional with any questions or concerns you may have regarding your health; (d) you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through the Services; and (e) medical information changes constantly, and therefore the information provided as part of the Services should not be considered current, complete or exhaustive, nor should you rely on such information to diagnose yourself or any other individual.

Restrictions on use

We do our best to keep the Services safe and operational, but we do not guarantee the same.

You acknowledge and agree that you will not: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Services; (b) modify, adapt, or translate the Services; (c) reproduce, resell, distribute, or sublicense the Services; (d) make the any application or the Services for a third party, or otherwise allow any third party to use or access the Services other than as authorised by this Agreement or the Client Contract; (e) remove or modify any proprietary markings or restrictive legends placed on the Services; (f) introduce into the Services any software, virus, worm, “back door,” Trojan Horse, or similar harmful code; (g) use manual or automated software, devices, or other processes to “crawl” or “spider” any portion of the Services; (h) harvest or scrape any content or materials from the Services, other than the authorised exportation of Client Data; (i) frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of RTT or our related entities without express written consent; or (j) knowingly transmit false or misleading information through the Services.

You further acknowledge and agree that you will not use the Services in any manner that: (a) infringes (or results in the infringement of) RTT’s or any third party’s intellectual property or other rights; (b) is (or you reasonably believe to be) illegal, fraudulent, or unauthorised, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorised material; or (c) does not comply with all applicable laws, rules or regulations, including obtaining all necessary permits, licenses, registrations, etc.

Limitation of liability and disclaimers

RTT is not responsible to you for any Client Data, Third Party Services, or any other content within the Services, whether caused by RTT, Third Party Services, other third parties or by any of the equipment or programming associated with or utilised in the Services.

RTT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of communications.

RTT is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of communications on account of technical problems or congestion on the Services, including injury or damage to any other person’s computer and/or mobile device.

Neither RTT nor any of its related entities, service providers, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from any person’s use howsoever of the Services.

You use the Services at your own risk. Except for the express warranties set out in this Agreement, the Services are provided on an “as is” and “as available” basis and RTT makes no representation, warranty or guarantee as to the reliability, compatibility, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services or any information or content contained in the Services and RTT further does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system, or data; (b) the Services will meet your requirements or expectations; (c) any data will be accurate or reliable; (d) errors or defects will be corrected; or (e) the servers, networks, and other systems that make the Services available are free of viruses or other harmful components or features. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet, electronic communications, and other services. RTT is not responsible for any delays, delivery failures, or other damage resulting from such problems. All conditions, representations and warranties, whether express, implied, statutory, or otherwise including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed by RTT to the fullest extent permitted by applicable law.

You acknowledge and agree that you and all other users of the Services are responsible for their own medical care, treatment, and oversight. All of the content provided as part of the Services, including any text, treatments, dosages, outcomes, charts, profiles, graphics, photographs, images, advice, messages, and forum postings, is provided for informational purposes only and does not constitute the providing of medical advice and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis or treatment. The content provided as part of the Services is not intended to establish a standard of care to be followed by a user of the Services. You acknowledge and agree that you should always seek the advice of your physician or other qualified health professional with any questions or concerns you may have regarding your health. You also acknowledge and agree that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through the Services. Medical information changes constantly. Therefore, the information provided as part of the Services should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided as part of the Services is solely at your own risk. RTT does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be provided as part of the Services.

Under no circumstances will RTT or its related entities, officers, employees, contractors, licensees, suppliers or agents have any liability whatsoever for your use of any information, content, Client Data or the Services. We are not liable for any indirect, special, incidental or consequential loss or damage (including but not limited to damages for loss of business, loss of profits, loss of goodwill, loss of opportunity or similar), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise even if advised of the possibility of such loss or damage. No advice or information obtained by you from us through the Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. RTT’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $100 in aggregate.

Disputes and dispute resolution

You and RTT agree that any cause of action arising out of or related to the Services must commence within 1 year after the cause of action arose. Otherwise, such cause of action is permanently barred.

Any claim by you against RTT or its related entities must be brought by you in your personal capacity, and not as a plaintiff or class member in any purported class or representative proceeding and, unless we agree otherwise, may not be consolidated with any other person’s claims.

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. The Courts of that State, and the Courts of appeal from them, shall have exclusive jurisdiction in relation to any dispute concerning this Agreement or the Services.

General terms

If any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from this Agreement, and such determination shall not affect the validity and enforceability of any other remaining provisions.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may not assign any of your rights or delegate your obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent. RTT may assign its rights or obligations under this Agreement without your consent.

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to its subject matter. To the extent there is any conflict or inconsistency between the provisions in this Agreement and the Client Contract, the terms of the Client Contract will prevail.

This Agreement will be binding upon and will ensure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect its construction.

Version date: 31 October 2021