mHealth Studio Pty (Ltd) Terms and Conditions

 

1. Basis of Contract

 

  1. We are mHealth Studio Limited (we, our or us), a company registered in the Republic of South Africa under registration number 2015193139.
  2. These terms and conditions (Terms) form the basis of the legal relationship between you and us under which we agree to provide you with hearing screening equipment and an online data management solution (the Services).
  3. These Terms create the contract between us for the Services. They will become binding on you and us when we issue you with [a written acceptance (including by email)] of your order for the Services.

 

2. Supply of Services

 

  1. The Services are comprised of:
    • The websites, hearscreen.com and heardata.com (Website); and
    • The hearing screening set which includes a smartphone preloaded with the hearscreen software as well as a calibrated headset
  2. The Services are provided to you as follows:
    • You subscribe to heardata.com
    • You perform hearing screenings on the provided smartphone using the hearscreen app. These results are then uploaded from the smartphone to our backend server.
    • We provide services through heardata.com which allow you to manage your uploaded data.
  3. The Services are provided solely to you. No transfer of heardata.com login details to other parties is permitted.

 

3. Disclaimer of Services

 

  1. The Services are intended to provide a hearing screening test with intention for professional follow up consultation with a hearing health service provider. The Services only flag potential hearing problems.
  2. The hearing screening set provided is calibrated to ISO standards, however, any reliance by you is at your own discretion and risk.
  3. You are responsible for ensuring hearing screenings are performed in a controlled environment with acceptable ambient noise levels and for ensuring patients are correctly informed as to how a hearing screening is performed and what feedback is required of them during a test.
  4. Where you (Or your patients) receive an email or SMS notification of a potential hearing problem, you (or your patients) are advised to visit an independent medical professional for advice. The Services are not a substitute for a visit to a medical professional, and you should not delay seeking medical advice or disregard medical advice you have received on the basis of the Services.

 

4. Charges and Payment

 

  1. The fees for the Services are stated on the Home page of our Websites (Hearscreen.com and Heardata.com) (Fees). The Fees you will pay will be those stated at the time you subscribe to the Website for the Services or at the time your subscription automatically renews.
  2. The Fees will be payable in advance.
  3. Your subscription will be automatically renewed unless you cancel your subscription for the Services within seven working days of the end of the subscription period. This can be done from within your heardata.com account.

 

5. Obligations

 

  1. We will use reasonable endeavours to perform the Services in all material respects. We reserve the right to make changes to the Services if required for technical or legal reasons, provided that such changes do not materially affect the Services.
  2. If changes are required which materially affect the Services, we will notify you promptly and you will have the ability to cancel the contract. If you so elect to cancel, we will provide you with a pro rata refund calculated on the basis of the outstanding term of the contract.
  3. You will co-operate with us in all matters relating to the Services, provide us with such information and materials as we may require to perform the Services.

 

6. Data Protection and Privacy

 

  1. We use a number of security procedures to protect your personal information and data from unauthorised access or disclosure and to ensure compliance with data protection standards.
  2. All sensitive data transferred from you to us is encrypted by HTTPS.
  3. Account passwords are stored using one-way encryption and so cannot be retrieved or decrypted
  4. All systems, both web servers and database servers, sit behind a firewall restricted to only necessary ports for running the Website and all sensitive areas of the Website and App (login and account sections) run over industry standard secure SSL-encrypted protocols to prevent interception and unwanted access to accounts.
  5. Your payment details are not shared with or held by us at any time, and we do not store them on our servers. We use a trusted third party payment provider, [Virtual Card Services], to securely store your payment information. [Virtual Card Services] has access to your payment information solely for the purposes of fulfilling this task.
  6. We also use the following third-party service providers for the purposes of storing and protecting your personal information and data:
    • Google for Google Analytics
    • Crashlytics for bug tracking
    • Amazon for data storage

 

7. Use of your data

 

  1. By uploading your screning data to the Website and/or App, you explicitly consent to the information being processed for the purposes of the provision of the Services and to be used anonymously for the purposes of research and testing of the Services software. As such, your data may be reviewed by our employees or third-party consultants engaged by us.
  2. All third-party service providers mentioned in these Terms are subject to similar privacy obligations as are contained in these Terms.
  3. You grant us an transferable, sub-licensable, royalty-free, worldwide, perpetual license to use anonymously any of the data and data that you upload to the Website and/or App for the purposes of medical, clinical and commercial research.
  4. Following termination of the contract for Services, your Heardata.com account will be suspended and remain dormant until such time as you may start using the Services again. We will retain and protect your personal information in the usual way during this period and you explicitly consent to your data continuing to be used anonymously for the purposes of medical, clinical and commercial research, and for testing of the Services software.
  5. If you elect to terminate the Services and permanently delete your account, we will retain your personal information and services indefinitely. You also consent to their continued use, in anonymous form only, for the purposes of medical, clinical and commercial research, and for testing of the Services software.

 

8. Cookies

 

  1. Our Website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
  2. We use anonymous and “analytical” cookies. These allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.

 

9. Limitation of Liability

 

  1. Nothing in these Terms shall limit or exclude our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation; or
    3. for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
  2. Should you make use of our Services for commercial or business purposes, we shall not be liable for any pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss; wasted management, operational or any other unforeseeable special, indirect or consequential losses.
  3. Our total liability under or in connection with the contract (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed the Fees actually paid by you to which the loss relates.
  4. Except as set out in these Terms, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

 

10. Termination

 

  1. Either party may terminate this contract on 30 days’ notice using the option to cancel on your ‘Account’ page within your Heardata account or in writing,

[or immediately in the event that the other party participates in or is subject to any winding up, liquidation or other analogous event]

.

  • Where you terminate the contract in accordance with clause 9.1 (1), you will be entitled to a refund of the Fees on a pro rata basis, calculated by the reference to the unexpired portion of the subscription period remaining at the end of the 30 day notice period referred to in clause 9(1).
  • If you give notice to terminate the contract within 30 days of the end of your subscription period, the contract will automatically terminate at the end of the subscription period. You will not receive a refund and no new subscription period will commence during the period of a notice to cancel.
  • When you terminate the contract, your account will be suspended. To enable you to easily return to using the Services in the future, unless you tell us otherwise your personal information will lay dormant (subject to clause 6. (4.)) until such time as you may choose to enter into a new contract with us for Services. This will allow you to return to the service at any time, continuing to use your original account and historical data.

 

11. General

 

  1. Neither party shall be liable to the other for any failure to perform its obligations under these Terms where such performance is delayed or prohibited by events that are beyond its reasonable control.
  2. Neither party may assign its obligations under these Terms without the other’s consent.
  3. Any notice given under these Terms shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post or e-mail.
  4. These Terms constitute the entire agreement between the parties. If part of these Terms is invalid, illegal or unenforceable, that provision or part-provision shall be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
  5. We have the right to revise and amend these terms and conditions from time to time.
  6. Nothing in these Terms creates a partnership or joint venture of any kind between the parties.
  7. A person who is not a party to this contract shall not have any rights under or in connection with it.
  8. These Terms are governed by South African law and subject to the exclusive jurisdiction of the courts of South Africa.
  9. Clauses 6 and 7 shall survive termination of the contract between us.