• Explain your legal rights on HelpMe Feed
• Explain the rights you give to us when you use HelpMe Feed
• Describe the rules everyone needs to follow when using HelpMeFeed
1.1. HelpMe Feed Foundation Ltd ACN 626 589 179 s a registered charity in Australia established as a company limited by guarantee established and existing under the laws of Australia. Its registered office at Level 1, 12 O’Connell Street, Sydney NSW, 2000 Australia (“HelpMe Feed”).
1.3. HelpMe Feed has developed a platform, called HelpMe Feed (“the App”), which enables health professionals (‘health professionals”) to support and guide their patients (“parents”) on breastfeeding and other feeding options for babies and children. At the discretion of the health professional they can provide access to a pool of volunteer coaches (“coaches”) to support parents when the health professional is unavailable.
1.4. The App is made accessible by HelpMe Feed through the website www.helpmefeed.org (“Website”).
3 Important information
THE SERVICE IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU OR A BABY OR CHILD ARE SUFFERING AN ACUTE ILLNESS OR EMERGENCY CONDITION CALL YOUR RELEVANT EMERGENCY SERVICE NUMBER IMMEDIATELY.
3.1 The Information contained in, or accessed through, the Service is for your general information and use only and is not intended to be used as medical advice and is not a substitute for independent professional advice and should not be used as an alternative to professional health care. If you have a particular medical problem, please consult a health professional promptly.
3.2 You should not disregard professional advice, or delay seeking it, because of any information contained on the Service.
3.3 Not all users who may identify themselves as professional healthcare providers are licensed in all applicable jurisdictions. HelpMe Feed has no and assumes no obligation to verify that users who identify themselves as licensed health professionals are actually licensed. If you represent yourself as a licensed health professional, you implicitly warrant that you are actually licensed for the services you provide in the jurisdiction in which you offer your services. Users should also bear in mind that even if a user is a licensed health professional in one jurisdiction that does not mean the health professional user is licensed in the jurisdiction from which other users access the health professional user's advice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will HelpMe Feed be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of the Service.
4.2 To use or access the App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device.
4.3 HelpMe Feed will make reasonable efforts to provide the Service with due care. You accept that the Service, including the App, only contains the functionalities and other characteristics as described in the current documentation as set out at the moment of your use (“as is” and “as available”). Each and every use of the Service is at your own risk and responsibility.
4.4 HelpMe Feed does not warrant that the provision of the Service will be uninterrupted or error-free and HelpMe Feed does not accept responsibility for any part of the service provision infrastructure (including without limitation the internet)which is outside its reasonable control. We do not promise that you will have continuous and uninterrupted access to the App or that the App will be free of any harmful code, virus or other malware. We do not accept responsibility for any interference or damage to your device.
4.5 HelpMe Feed is at all times entitled, without in any way becoming liable to you to:
i. make procedural and technical alterations and/or improvements to the Service and any part of it including the App; and
ii. temporarily discontinue or limit the Service or your Account if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. HelpMe Feed will notify you of the temporary unavailability or restricted use of the Service as soon as reasonably possible.
5.1 To obtain access to the Service, you must have a registered account (“Account”).
5.2 To use the Service, you must create or activate your Account by following the registration process on the Website. In some cases HelpMe Feed may create an Account for you and provide you access to the Service.
5.3 Upon registration of the Account you will set your user name and unique password (together “identifiers”) to obtain access to the Account. You are responsible for keeping the identifiers secret. As soon as you know or have reason to suspect that the identifiers are no longer secret, or that the Account is being abused, you must notify HelpMe Feed immediately and take all necessary steps to prevent unauthorized access including changing relevant identifiers and taking other security measures as recommended by your infrastructure provider.
5.4 You are not permitted to:
i. provide information during registration that is not accurate, complete and up-to-date;
ii. create an Account for another natural person; or
iii. share an Account or in any other way provide access to the Account to another natural person or legal entity.
5.5 You are not permitted to download from the Service any Resources and Account details other than for viewing offline and then strictly for your personal, noncommercial use only.
5.6 In the case of the health professional you can not download any Resources, you may download from the Service your parent’s program(s) and interaction history strictly for the purpose of maintaining your parent’s records and must not sell, redistribute or use it for any other purpose. You may not use any means for the export and/or download of your parent’s program(s) and interaction history, other than the means expressly provided for this purpose by HelpMe Feed.
6 Your obligations
6.1 In using the Service, you are not permitted to perform any acts as listed below:
i. make resources (including all information, data or material such as programs uploaded by you or another user available which, at the discretion of HelpMe Feed, is discriminatory or is otherwise deemed hurtful, offensive or inappropriate;
ii. deal with Personal Data, other than in compliance with applicable law;
iii. make resources or information available which contains viruses, Trojan horses, worms, bots or other software which can cause any interference, loss or damage to the App or any data or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent technical protection measures of the Service, the App and/or the computer systems of HelpMe Feed;
iv. upload resources or information which breaches the intellectual property or other rights of a third party;
v. make or transmit any unwanted or unsolicited material or resources (spam);
vi. make resources and information available which could prejudice the interests and reputation of HelpMe Feed.
6.2 HelpMe Feed reserves the right, without prior notice, to abridge, alter, refuse and/or remove any resources and information including the Resources, in its absolute discretion and liability.
6.3 Breaches of this clause 6 may lead to suspension or termination of the right to use the Service and HelpMe Feed will in any case be able to claim full damages for any breach of this Clause 6.
7.1 Health Professional
7.1.1 As a health professional you will be providing information as part of the creation your Account, for the use of the Service. Creating a personal profile for your Account will allow you to login and be recognized as a user of the App. This will allow you to use the functionality of the App including uploading parent’s information and programs, additional documentation and to communicate via instant message and video call with your parents.
7.1.2 To create an Account you will be required to provide information, including an email address and password and other information relevant to your circumstances and your place of practice.
7.1.3 In creating your Account and completing your personal profile you warrant that you are an appropriately registered and accredited health professional under the laws that apply in the country of you practice, that any and all claims you make regarding your qualifications, affiliations and experience are true and correct.
7.1.4 You will also be able to provide personal and health data about your parents including their name, email address, mobile phone and other information relevant to their circumstances in the App. You warrant that in providing this information, including the information required for the creation of the invitation to access the App, you have the consent of each and every parent you enter information on the App to provide such information. Some of this information will be used to generate an invitation for the parent to download the App. Other information you may choose to provide on your parents may assist you in using the Service as intended.
7.2.1 As a parent, you will receive an invite to use the App generated at the request of your health professional, in order to access and use of the Service you will be required to create an Account and personal profile. Creating an Account and personal profile will allow you to login and be recognised as a user on the App and access the programs created by your health professional, directly communicate with your health professional and coaches via video calls and instant messaging.
7.2.2 To create your Account you will be required to provide information, including an email address and password. You may also be asked to provide other information to create your personal profile which is relevant to your circumstances and the services you are using, such as your name, date of birth, contact details, your child’s name and birthdate or information relating to your pregnancy, post partum care, and breastfeeding and other feeding practices. Some of the information is required to enable the Service to work effectively for you and to assist your health professional in providing you with support. Where information requested is required for the effective use of the Service we will let you know.
7.2.3 Where you provide us with information in relation to your baby or child(ren), you warrant that you are the legal guardian of your baby or child(ren) and have authority to provide this information to us.
8 Video Calls
8.1 If you use our video call feature through the Service, you must not:
i. attempt to record the video or audio of your video call or take screenshots or copies of images of your video call;
ii. abuse, intimidate, threaten or otherwise violate those using or delivering the video call service; and/or
iii. engage in behaviour that is pornographic, violent, discriminatory or otherwise offensive.
8.2 We reserve the right, at our discretion, to terminate your access to the video call feature and/or terminate your Account and access to the Service including the App, if you fail to comply with this clause 8.
9.2 HelpMe Feed shall use its best efforts to keep the Personal Data received from the health professional, coaches and parents strictly confidential and to implement appropriate technical and organisational measures to protect personal data against any form of unlawful and/or unauthorised personal data processing. While we work hard to protect the security of your Personal Data, data and resources generated by you as a user, and your Account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures.
9.3 You are responsible for maintaining the confidentiality of any and all actions that take place while using your Account, and must notify us at firstname.lastname@example.org right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.
9.4 At the health professional’s request and with the consent of the parent, we will transfer a parent’s records to the parent’s new health professional if the health professional is using the Service. Once a transfer occurs no further access to the parent’s records will be available to the transferring health professional. It is the responsibility of the transferring health professional to ensure that it maintains its records relating to the parent in accordance with law.
10.1 If you are a parent, there are no fees payable to HelpMe Feed for using the App, other than any fees charged by your mobile service provider for downloading from any app store. However your phone company's normal data, and other rates and fees will still apply when you use the App and features within it including video calls, instant messaging and viewing of Resources including resources uploaded by a health professional.
10.2 If you are a health professional your assigned health professional clinic (“Clinic”) will pay to HelpMe Feed the agreed fees set out in your payment terms with HelpMe Feed (“health professional fees”). In addition your phone company's normal data, and other rates and fees will still apply when you use the App and features within it including video calls, instant messaging and viewing of Resources including those you upload yourself.
10.3 All health professional fees are in the currency as shown on the subscription page and exclusive of all taxes, levies, or duties imposed by taxing authorities in the country in which you reside and downloaded the App.
10.4 HelpMe Feed is entitled to change its health professional fees at any time by email notice to you. The changed fees will become applicable to you from commencement of your next payment subscription period.
10.5 All health professional fees are due in advance for the entire subscription period as set out in your payment terms with HelpMe Fee and shall be payable in advance by the method set out in your payment terms with HelpMe Feed.
HelpMe Feed will charge the amounts due through your preferred method as indicated in your payment terms with HelpMe Feed during your registration, and reserves the right to automatically charge the next and any subsequent period’s health professional fees without notice to you unless written cancellation of your Account is received from you not less than 1 day prior to the end of the current subscription period. In any event, payments must be made in accordance with your payment terms.
10.6 In the case of a Clinic, if you fail to provide full and timely payments, you will immediately be in default without any advance demand or notice of default being required. From the time of default:
i. HelpMe Feed may immediately terminate or suspend your access to, and use of, the Service, in whole or in part, including access to the App by your parents and any health professionals registered to the Clinic;
ii. you owe HelpMe Feed interest equal to the maximum rate permitted by law from (and including) the due date of payment up to the date of
payment in full with interest; and
iii. HelpMe Feed may decide to refer the debt for collection, in which case all costs incurred by HelpMe Feed in connection with the late
payments will be charged to you. These costs are estimated to come to at least 10% of the amount of the invoice with a minimum of
$AU100, excluding taxes.
10.7 Complaints regarding (parts of) the Service or the invoice do not suspend your payment obligation.
10.8 To the maximum extent permitted by law, the Service is provided on a nonrefundable basis. There will be no refunds or credits for partial months of Service, refunds for months of Service unused with an activated Account or for unauthorized use of an Account. None of the foregoing restricts your rights under any Statutory Warranties.
11 Intellectual Property Rights
11.2 You retain all IP rights on any resources and information you upload to the App. By making available or uploading resources to the App you automatically grant HelpMe Feed a cost-free, worldwide, irrevocable, sub-licensable and transferrable right to use these resources insofar as is related to the provision of the Service.
11.3 Save to the extent that it is allowed by mandatory law, you may not reproduce or decompile the App or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of the Service and/or the App is not allowed.
12 Term and Termination
12.2 You can terminate your Account and access to the Service at any time within your Account settings. If you are a health professional and there are programs that extend beyond the current subscription period, you must manually edit the programs of these parents to end within the current subscription period before you can terminate your Account and access to use the Service. Notwithstanding the foregoing, if you are a parent, your access to the App will cease upon your health professional’s access to the Service ceasing unless the Clinic transfers you to another health professional in the Clinic.
12.3 If you are a Clinic and you terminate 1 day or more before the end of the current subscription period, your cancellation will take effect at the end of the current subscription period and you will not be charged for the following subscription period. If you terminate less than 1 day before the end of the current subscription period, your cancellation will take effect at the end of the next subscription period and fees will continue to be due and payable for the next subscription period.
12.4 If a Clinic terminates their Agreement all health professionals and parents registered to the Clinic Account will no longer have access to the App from the date of termination. It is the responsibility of the Clinic to advise you of your registration removal or the termination of their Account. To the maximum extent permitted by law, HelpMe Feed will have no liability to you regarding any such termination and/or your loss of access to the Service.
12.5 If you are a health professional or a parent you can terminate your Account at any time.
12.6 We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Service.
12.7 HelpMe Feed has the right to immediately discontinue or to (temporarily) suspend its Service or to terminate the Agreement, notwithstanding HelpMeFeed’s other rights and remedies, including its right to claim damages:
ii. in the event you go bankrupt or are granted a suspension of payments, as well as in the event your business is closed down or liquidated.
12.8 In the event your Account is terminated by HelpMe Feed, you will not receive any refunds as a result of termination.
12.10 After termination, for any reason, if you are a health professional, HelpMe Feed will still have the right to use any resources you uploaded to the App that you shared with other health professionals in your assigned Clinic(s). Accordingly, note that the license to your resources set out in clause 11.2 continues in relation to these resources even if you stop using the Service.
12.11 Following termination of your Account, or if you remove any resources you have uploaded to the App from the Service, we may retain these resources for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law.
12.12 After termination of a health professional Account, for whatever reason, the parents will not be able to access any programs or Resources assigned by that health professional.
13.1 You acknowledge that your use of the App, any Information or materials on the Service is entirely at your own risk.
13.2 While the Information provided by HelpMe Feed in the Service is subject to HelpMe Feed’s quality assurances processes, the Information is also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing the Information. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and/or availability of the Information. In addition, no representation or warranty (express or implied) is made that the Information will meet your specific health or medical requirements.
13.3 All video resources available on the Service are demonstrations only. You acknowledge that health professionals are responsible to ensure that any tips, advice, programs or resources you create or upload for a parent are appropriate for that parent.
13.4 Whilst we provide general health information, the circumstance of each individual will differ. You should exercise your own judgment with respect to your use of our Service and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability and relevance of the available information.
13.5 We do not warrant or represent the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any Resources) on the Service. You are responsible for the use of any such information and you should make your own enquiries to check if the information is accurate, complete and suitable for your intended use.
13.6 HelpMe Feed does not endorse or recommend any information on the App or made available through the Service. All information contained on the App and through the Service, including the Resources, is for personal use only and may not be sold, redistributed or used for any commercial purpose.
13.7 The Service may from time to time contain links to internet sites maintained by third parties. Such links shall be provided for your convenience and are not under HelpMe Feed’s control. HelpMe Feed is not responsible for the contents (including the accuracy, completeness or suitability for your intended use) of any linked site or any link contained in a linked site. HelpMe Feed does not endorse any information on linked sites or any associated organisation, product or services.
13.8 To the maximum extent permitted by law, HelpMe Feed expressly disclaims all liability (including for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, using or relying on any of the Resources or the Service including, but not limited to, in circumstances where:
i. the Service provides incorrect or inappropriate advice or information;
ii. the Service is used for a purpose for which they were not intended;
iii. the Service contains errors, omissions or inaccuracies;
iv. you are unable to obtain consistent, reliable and uninterrupted access to our Service;
v. there is damage or interference to your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device, or your mobile data that arises in connection to your download or use of the App, its Resources or any linked website; vi. you rely on an interpretation or opinion stated in, or which may be inferred from, the Service; or
vii. inaccurate information is available from any resources or information uploaded by a health professional or any websites accessed via a link on the Service.
i. if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and
ii. if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by HelpMe Feed on this limitation of liability in clause 13.9 is fair and reasonable in all the circumstances.
13.10 To the maximum extent permitted by law, HelpMe Feed shall not be liable for any loss (including direct and indirect loss and damage), howsoever caused (including through our negligence), suffered or incurred by you arising from or in connection with:
i. your access to, or use of, the Service, any Resources, user posted or uploaded resources and programs or any linked site;
ii. any decision or action taken by you in reliance on any Resources or user uploaded or posted resources;
iii. any error or defect in the Service; or
iv. any contravention by any other user of any applicable laws.
13.11 Notwithstanding this Clause 13, if HelpMe Feed is liable for damage to you whether in contract, tort or on any legal theory whatsoever, HelpMe Feed shall be liable solely for direct damage suffered by you up to an amount not exceeding that of your payments to HelpMe Feed for 125% of last 12 months preceding the event that caused the damage or [$AU5000] whichever shall be higher.
13.12 Direct damage shall solely mean:
- Direct damage to physical property
13.13 Your right to claim damages against HelpMe Feed whether in contract, tort or on any legal theory whatsoever is dependent upon your informing HelpMe Feed promptly as soon as you become aware of any facts or matters giving rise to such claim and in any event within three weeks of becoming aware of such facts and matters.
13.14 Nothing in this clause shall operate to exclude or limit the liability of either party:
i. for death or personal injury caused by that party’s negligence;
ii. for fraud or fraudulent misrepresentation; or
iii. for any other loss or damage which may not be validly excluded or limited by law.
13.16 If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says "a general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
14 Warranties and Indemnification
14.1 HelpMe Feed does not guarantee:
i. that the Service shall be available to you at all times and without interruptions, faults or disturbances;
ii. that the Service shall be effective or the use of the Service shall lead to certain results; or
iii. that the information provided through the Service shall be accurate, up to date and complete.
14.2 HelpMe Feed is not responsible for (and expressly disclaims all liability to you):
i. the purchase and/or the proper operation of your infrastructure;
ii. loss, damage, inaccuracy and/or incompleteness of any Resources;
iii. transmission errors, malfunctions or non-availability of any computer, data or telecom facilities, including the internet;
iv. any unauthorized use or attempted use of the Service;
v. making backup copies of any Resources; or
vi. the management, including checking the settings, the use of the Service and the manner in which the results of the Service are used.
14.3 HelpMe Feed may provide application programming interfaces to allow integration of the Service with other services and platforms. HelpMe Feed is not responsible for (and expressly disclaims all liability to you) for such other services and platforms which the Service integrates with or which integrate with the Service.
14.4 You guarantee that you will not use the Service and/or the App in a way that:
i. infringes the rights of HelpMe Feed or third parties, including but not limited to IP Rights or rights in relation to the protection of privacy;
ii. is contrary to any current legislation or regulations; or
14.5 You agree to indemnify HelpMe Feed against all costs, claims, damages and expenses which HelpMe Feed incurs as a result of :
i. any claim by any third party based on any infringement or alleged infringement of such party’s IP-rights;
ii. any claim by any third party based on breach of privacy or wrongful use or disclosure of personal data or breach of any law relating to data or records including but not limited to your obligations in respect of the privacy of your parents as set out in clause 9 above; and
iii. any claim by any third party in respect of any personal injury or damage to physical property suffered by them, to the extent that the same arises out of any wrongful or negligent act or omission by you in the course of your use of the App or receiving the Service or making use of the Service to provide services to others.
14.6 If you are a resident of the United States or any country other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold HelpMe Feed, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of:
i. any resources uploaded by a user you access or share through the Service;
ii. your use of the Service;
iii. your connection to the Service;
v. your use or misuse of any user's Personal Data;
vi. any violation of the rights of any other person or entity by you; or
vii. your employment of the Service to meet another user in person or to locate and attend any offline place or event.
14.7 If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold HelpMe Feed, its subsidiaries, suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of:
i. any content uploaded by a user you access through the Service;
iii. your use or misuse of any user's Personal Data;
iv. any violation of the rights of any other person or entity by you; or
v. your employment of the Service to meet another user in person or to locate and attend any offline place or event.
15 Reporting Objectionable Resources
16 International Terms
16.1 We provide our Service for a global community of users. Our operations are, however, located primarily in Australia, and our policies and procedures are based primarily on Australian law. Because of this, the following provisions apply specifically to users located outside of Australia:
(i) you consent to the transfer, storage, and processing of your information, including but not limited to user generated resources and any Personal Data, to any country outside of your country of residence; and
(ii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Service. The Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject HelpMe Feed or its affiliates to any registration requirement within such jurisdiction or country.
18.1 The Service may contain a facility allowing you to give feedback and make suggestions (Feedback Facility). You agree that your use of the Feedback Facility is subject to the following additional terms:
• any feedback, suggestion or material you may provide (Feedback) will not be treated by HelpMe Feed as confidential; and
• HelpMe Feed will own any intellectual property rights in or arising from any Feedback.
THANKS FOR READING ALL OF THIS AND WELCOME TO HELPME FEED!
Last updated in April 2019.