Terms and Conditions

Key Points

The SleepFit Platform and Programs assist in the awareness, education, assessment, identification, screening and in some cases, treatment of sleep issues including, poor sleep hygiene, insomnia and sleep apnoea.

The information contained in the SleepFit Platform and Programs does not constitute medical advice. SleepFit is not responsible for counselling or monitoring concerning your medical treatment, and does not provide any medical services.

The responses you provide to the sleep risk assessment may suggest that you may have sleep apnoea. If so, it is your responsibility, not SleepFit’s, to take action, which may include participating in the SleepFit home sleep study screening test. If sleep anoea is left untreated, it can have a significant impact on your quality of life, causing problems such as poor performance at work and school, and placing a strain on your relationships with others.

Sleepfit is bound by the Privacy Act 1988 (Cth) and information collected through the SleepFit Platform and Programs is kept confidential. However, in some circumstances, we may be required to provide your name and email address to your employer.

Where you are engaging with our SleepFit Platform and Programs through your employer, your employer will not access any of other information.

In strict compliance with privacy laws, your personal information may be used or disclosed for research. You will not be identifiable in any publications based on the research. In agreeing to these Terms of Use, you consent to use or disclosure of your personal information for research.

1. Introduction

These Terms of Use are an agreement between you and SleepFit Solutions Pty LtdACN 162 880 953 (SleepFit) regarding your use of the SleepFit Platform and Programs.  Access to and use of the SleepFit Platform and Programs are subject to the conditions specified in these Terms of Use.  If you do not accept these Terms of Use, you are not permitted to download, access or use the SleepFit Platform and Programs.

2. SleepFit Platform and Programs

The SleepFit Platform and Programs assist in the awareness, education, assessment, identification, screening and in some cases, treatment of sleep issues including, poor sleep hygiene, insomnia and sleep apnoea, made up of the steps in the diagram below. Your use of the SleepFit Platform and Programs will involve at least the first three of these steps and maybe more.

fff

3. Use

Subject to your compliance with these Terms of Use, SleepFit grants you a limited, non-exclusive, non-transferable and revocable licence to use the SleepFit Platform and Programs subject to the conditions set out in these Terms of Use.  The information contained in the SleepFit Platform and Programs does not constitute medical advice. SleepFit is not responsible for counselling or monitoring concerning your medical treatment, and does not provide any medical services, unless and to the extent that you have a consultation with one of the GPs we engage.  Your use of the SleepFit Platform and Programs does not give rise to a health professional-patient relationship between you and SleepFit. If, as a result of engaging with the SleepFit Platform and Programs, you have a consultation with a GP or specialist, the health professional relationship will be between that GP or specialist and you.

All aspects of the SleepFit Platform and Programs are protected by copyright or other intellectual property rights which are and remain the exclusive property of SleepFit.  You must not use any part of the SleepFit Platform and Programs to reproduce, transmit, transfer, distribute, modify, sell, publish, prepare derivative works based upon, permanently store or circulate the SleepFit Platform and Programs or its content without the written permission of SleepFit.  You must not attempt to decipher, decompile, disassemble or reverse engineer the SleepFit Platform and Programs.

4. Sleep apnoea

The responses you provide to the sleep risk assessment may suggest that you may have sleep apnoea. If so, it is your responsibility, not SleepFit’s, to take action, which may include participating in the SleepFit home sleep study screening test that you will be offered.

The most common form of sleep apnoea is obstructive sleep apnoea (OSA), a relatively common condition where the walls of the throat relax and narrow during sleep, interrupting normal breathing.

If OSA is left untreated, it can have a significant impact on your quality of life, causing problems such as poor performance at work and school, and placing a strain on your relationships with others.

SleepFit may offer an additional screening test involving an in home sleep screening test, with results delivered by a telehealth GP. It is your choice whether you wish to take up the offer. You may instead wish to seek further advice and possibly treatment through your own health professional, or you may wish to take no action at all.

5.  Security

SleepFit seeks to ensure that the SleepFit Platform and Programs is free from errors and malicious code, and will not harm or unduly interfere with the performance of any computer or device on which the SleepFit Platform and Programs is accessed.  However, SleepFit is not liable for any direct or indirect damage caused by viruses or from the content of, or by use of, the SleepFit Platform and Programs, or that of sites linked to the SleepFit Platform and Programs.

You must not attempt to probe, scan or test the vulnerability of the SleepFit Platform and Programs or any related system or network, or breach security of any authentication measures.  You must not interfere with, or attempt to interfere with, the access of any user, host or network to the SleepFit Platform and Programs, including by sending a virus, overloading, flooding, spamming, or mail-bombing the SleepFit Platform and Programs, or plant malware on SleepFit’s computer systems or the systems of its providers.  You must not use the SleepFit Platform and Programs to impersonate or misrepresent your identity with any person or entity.

6. Liability

Although SleepFit has taken the greatest care in preparing the content of the SleepFit Platform and Programs, SleepFit cannot accept responsibility for the accuracy, completeness or reliability of the SleepFit Platform and Programs.

To the full extent permitted by law, the SleepFit Platform and Programs is provided on an “as is” basis only, and SleepFit provides no express or implied warranty or guarantee of any kind.  To the extent that SleepFit is permitted by law to limit the remedies available to you for breach of any guarantee under the Australian Consumer Law, it expressly limits its liability to the replacement, repair, or cost of replacement or repair of the SleepFit Platform and Programs.  Additionally, SleepFit will not be liable to you for any indirect, special, incidental, punitive or consequential loss or damage arising out of, or in connection with, the SleepFit Platform and Programs, your access to and use of the SleepFit Platform and Programs, these Terms of Use, or a breach or wrongful act by us in connection with these Terms of Use.  Our sole liability to you for any direct loss or damage in connection with such matters will be limited to the amount of any fees paid by you to SleepFit for the SleepFit Platform and Programs.

7. Privacy

Sleepfit is bound by the Privacy Act 1988 (Cth).

SleepFit collects your personal information, including health information to interact with you, provide you with our services and products, including our SleepFit Platform and Programs, to maintain our business records, to provide you with information about products and services that may be of interest to you, any purpose required or permitted by law, any purpose disclosed to you and to which you have consented, any purpose that you would otherwise reasonably expect, and otherwise to run our business.

In most cases, SleepFit will collect your personal information directly from you.  However, where it would be unreasonable or impracticable to do so, SleepFit may obtain it from a third party, such as general practitioners with whom SleepFit works.  If you do not give SleepFit the information that we request, SleepFit may be unable to provide you with its products or services, or not provide them to an appropriate standard.

SleepFit will not sell or rent any of your personal information. SleepFit may disclose your personal information to third parties, such as your agents or representatives, including your general practitioner; SleepFit’s service providers, including IT services, insurers, mailing houses; SleepFit’s professional advisers, including lawyers, accountants and auditors, and government, regulatory and law enforcement authorities.

Where you are engaging with our SleepFit Platform and Programs through your employer, the information you provide to SleepFit will be confidential. Your employer will not access any of that information, although SleepFitwill report aggregated, anonymised information about employees to the employer.

SleepFit ‘s Privacy Policy is available at www.sleepfit.com.au/privacy, and it sets out how you can seek to access and correct the personal information that SleepFit holds about you, as well as how to make a complaint about the handling of your personal information, and how SleepFit handles complaints.  If you have any questions, queries or complaints, you may contact SleepFit at hello@sleepfit.com.au.

8. Third party websites

The SleepFit Platform and Programs may contain links to third party websites or resources.  SleepFit does not endorse, nor is it liable for, any such websites or resources, or any content, products or services available through such websites or resources.  In linking to other websites or resources, you accept sole responsibility for and assume all risk arising from access and use of them.

9. Changes to the Terms of Use

SleepFit reserves the right to change these Terms of Use at any time. SleepFit will post any new version of the Terms of Use on the SleepFit website.  You will be taken to have agreed to the Terms of Use as amended by continuing to use the SleepFit Platform and Programs.

10. Governing law

These Terms of Use, and any action related to the Terms of Use, are governed by the laws of New South Wales and you and SleepFit submit to the exclusive jurisdiction of the courts of New South Wales.