LOOP PLUS PTY LTD TERMS OF USE
Please read the following terms of use (‘Agreement’) carefully before using the Services (as defined below) offered by Loop Plus Pty Ltd (‘us’, ‘we’, ‘our’ or ‘loop+').
This Agreement sets out the legally binding terms and conditions for your use of the Service(s), comprising the following main elements (each as defined further below):
the loop+ Device;
the loop+ Firmware (software embedded within the loop+ Device);
the loop+ App;
the loop+ Website;
the loop+ Content;
the loop+ Data Reports; and
any associated services offered from time to time, such as Reports.
These terms cover important information about the Services provided to you.
‘You’ refers to the person accessing or using the Services, or if you create an account on behalf of an employer, company, organisation, or other entity, then: (i) all references to ‘you’ includes you and that entity; (ii) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement; and (iii) you agree to this Agreement on the entity’s behalf.
By accessing and using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the loop+ Privacy Policy
If you do not accept this Agreement, you are not authorised to use the Services.
Use of Service
Use of Service
The Service allows Users (defined below) to track, manage and share visibility and movement activity-related information (together, ‘User Data’)
User Data is collected by the loop+ Sensor Pad hardware device (‘loop+ Sensor Pad’) controlled by the loop+ battery operated control unit (‘loop+ Control Unit’), (together, ‘loop+ Device’). This User Data is uploaded from the loop+ control unit, via Wi-Fi with internet access, to cloud based servers and is stored and handled in accordance with our Privacy Policy.
User Data is able to be presented to and analysed by the User by using the loop+ ioS mobile application (and/or other similar applications offered from time to time, such as on the Android platform) (‘loop+ App’).
loop+ Data Reports
You may also choose to receive data reporting with respect to the User Data on a paid ad hoc (‘Baseline Reports’ and ‘Progress Reports’), a regular subscription basis (‘Reporting Subscription Service’) or as part of a ‘bundled’ basis included as part of another purchase e.g., included at the time of purchasing a loop+ Device.
Types of Users
At the date of this Agreement, there are two types of users of the Service (‘Users’):
Individual Users who acquire the loop+ Device for their own use or for use by a family member or person under their care; and
Clinic Users who acquire the loop+ Device for use with clients, and which may include training session and additional customer support.
From time to time, further terms of use for both Individual Users and Clinic Users may be available at loopplus.com.au (‘loop+ Website’).
The Services are provided to you by loop+, and, as relevant, our partners, service providers, sponsors, or other affiliates.
So that we may safely and responsibly manage the loop+ Website and loop+ App for all of our users, your use of the Services is subject to this Agreement and the Privacy Policy. loop+ may modify this Agreement, the Privacy Policy, loop+ Content (defined below) and/or the Services at any time and such modification will be effective upon posting such modifications to the Services. By continuing to access or use the Services after such modification, you are agreeing to be bound by the modified Agreement, Privacy Policy, loop+ Content and/or the Services, as applicable.
Accounts and registration
In order to use the Services, Users must create a user account (‘Account’) via the loop+ App
You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use a name, or email address of another person with the intent to impersonate that person or use a name or email address subject to any rights of a person other than you without appropriate authorisation. You are solely responsible for any and all activities that occur under your Account or password and for keeping your Account password confidential and secure. You may never use another person’s Account or registration information for the Services without permission. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorised use of your Account or password. You should never publish, distribute or post login information for your Account. Should you wish to delete your Account, without prejudice to any other right you may have under privacy or other laws, you can initiate deletion of your Account via the technological measures within the loop+ App. By deleting your Account, all of your personal information will be deleted from the loop+ system, other than data which we are required to retain by law. The deletion of your Account and its associated data will not include data that has been aggregated with other data on a de-identified basis in accordance with the terms of our privacy policy, and which is not personal information within the meaning of relevant law. loop+ will not be liable for any loss or damage arising from your failure to comply with this Section.
Eligibility
If you are under the legal age to form a binding contract in the relevant jurisdiction, your use of the Services is subject to requirements of parental consent, in which case (i) your supervising parent or legal guardian is considered the user under this Agreement and is responsible for any and all activity; and (ii) you represent that your parent or legal guardian has reviewed and agreed to the Agreement and the Privacy Policy. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The right to access the Services is revoked where this Agreement or use of the Services is legally prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
loop+ devices
In order to use the Services, you must have valid, legal access to a loop+ Device.
You can acquire a loop+ Device either by:
purchasing it through the App or Website, or otherwise via a loop+ Sales representative; or
leasing it from loop+ in accordance with Schedule 1 of these Terms.
Schedule 2 sets out terms and conditions that apply generally to Loop+ Devices.
Use of the Services
loop+ Content
loop+ software, text, graphics, images, video, audio, data and other material are made available to you through the Services (collectively referred to as the ‘loop+ Content’). Subject to this Agreement, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to: (i) access and use (i.e., to download and display locally) the loop+ Content and our software and applications made available through the Services; and (ii) use the loop+ firmware (software embedded within the loop+ Device), in each case solely for the purpose of using the Services. Use, reproduction, modification, distribution or storage of any loop+ Content other than for the purpose of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any loop+ Content for commercial use or in any way that violates any third party right. The loop+ Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The loop+ Content is protected by intellectual property rights, including copyright. Unauthorised use of the loop+ Content may violate copyright, trade mark, and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the loop+ Content, and you may not use the loop+ Content except as permitted under this Agreement. No other use is permitted without prior written consent from us or the owner of the loop+ Content, as relevant. You must retain all copyright and other proprietary notices contained in the original loop+ Content on any copy you make of the loop+ Content. You may not sell, transfer, assign, license, sublicense, or modify the loop+ Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the loop+ Content in any way for any public or commercial purpose without our express written consent. If you violate any part of this Agreement, your permission to access and/or use the loop+ Content and Services automatically terminates, and you must immediately destroy any copies you have made of the loop+ Content.
Various company, product, and service names displayed on the Services may be trade marks or service marks owned by others (the ‘Third-Party Trade Marks’). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trade mark displayed on this Services. The Third-Party Trade Marks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trade Marks.
The Services include access to links to, and content and data from, third-party websites (‘External Services’). These links, content, and data are provided solely as a convenience to you, are not an endorsement by us of the content on such External Services and may be subject to separate legal terms and conditions between you and third parties. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
The Services are for non-commercial use only, except for Clinic Users as authorised by this Agreement, and may not be used in connection with any commercial endeavours except those that are specifically and explicitly approved by loop+. The following activities are expressly prohibited: (i) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof; (ii) use of web scraping, web harvesting, or web data extraction methods from loop+ even if the Account owner gives permission; and (iii) any use of the Services which is unlawful or in violation of this Agreement.
Full use of the loop+ Services is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the loop+ Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
Termination
Unless otherwise prohibited by law, and without prejudice to loop+’s other rights or remedies, loop+ shall have the right to immediately terminate: (i) your Account if you breach any of the terms of this Agreement; and (ii) any of the Services, in our sole discretion at any time.
You must maintain an active Account to continue using the Services. loop+ reserves the right at any time to modify or discontinue, temporarily or permanently, your Account and your access to the Services with or without notice.
If your Account goes into an inactive state, you will be unable to upload data from your Loop+ Device, and you may be unable to access certain historical data, that is, data which is uploaded prior to your Account entering into an inactive state, including where you have previously updated the loop+ App software.
Upon cancellation or termination of your Account, all licenses granted to you hereunder shall terminate automatically, your right to use the Services and the loop+ Content shall immediately cease and your User Content, as defined below, will no longer be available to you through the Services.
Support
You shall receive the support and maintenance, if any, as set forth in loop+’s FAQs.
User Content
The Services may include functionality to permit the submission of user profile information you submit, share or otherwise make publicly available, any information collected by the loop+ Device including, without limitation, statistics and measurements, logged events, other wellness information and assessments and scores generated through the use of the Services, and any information submitted by you in relation to any activities recorded through the Services (‘User Content’), whether manually at the direction of users of the Services or automatically in accordance with your Account settings and the hosting, sharing, and/or publishing of such User Content. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You understand that loop+ does not guarantee any confidentiality with respect to User Content that you submit and make available to others.
You shall be solely responsible for User Content you submit or allow to be collected and the consequences of sharing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to edit, modify, truncate, aggregate, use, reproduce, distribute, prepare derivative works of, modify, display, perform, publish and otherwise commercially exploit all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels and sharing the User Content with social media platforms (e.g., posting User Content to Twitter or Facebook if enabled in your Account’s sharing settings) with our business partners and licensees for informational and analytical purposes.
If your use of the Services is on behalf of or managed by a clinician, carer or other entity you are affiliated with (‘Managing Entity’), your User Content may also be shared with that Managed Entity as more fully described in our Privacy Policy. You consent to that sharing and acknowledge and agree that we are not responsible for any use or disclosure of your information by that Managing Entity. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all loop+ Content and User Content if properly notified that such loop+ Content or User Content infringes on another’s intellectual property rights. We may remove any loop+ Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
NO MEDICAL ADVICE
loop+ provides the Services for you to track, manage, and share your wellness-related information. THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES, WHETHER PROVIDED BY LOOP+ OR THIRD PARTIES, DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR (I) ADVICE FROM YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS, OR ANY DIAGNOSIS OR TREATMENT OR (II) A VISIT, CALL OR CONSULTATION WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS. THE SERVICES DO NOT AND ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES, OR COMMUNICATION WITH US VIA THE INTERNET, E-MAIL OR OTHER MEANS, DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP. If you have any health-related questions, please call or see your doctor or other healthcare provider. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the Services, and you should not use the Services or any content on the Services for diagnosing or treating a health problem. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise or program. You agree that your activities may carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with these activities.
Payment of Fees
You must pay the following fees (‘loop+ Fees’) in connection with the Services:
The applicable fees for purchase or leasing of a loop+ Device depending on the type of User you are, as set out on the loop+ Website or App, or as otherwise advised to you by loop+ from time to time;
Applicable fees for reports ordered through your Account, the loop+ Website, or any other method, from loop+, either on an ad hoc (Baseline / Progress Reports) or Subscription Service basis;
Fit-out, delivery and such other fees and charges as are levied from time to time, including without limitation for the purchase of the App or features within the App.
The current rate card for loop+ Fees is set out on the loop+ Website. Any payment terms presented to you in the process of obtaining the loop+ Device, reports or other paid loop+ products or services are deemed part of this Agreement and are incorporated herein by reference.
b. Billing. We may collect payments from you directly or we may use a third-party payment processor (‘Payment Processor’) to bill you through a payment account linked to your Account on the Services (your ‘Billing Account’). The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Subscription Service, you agree to pay us, either directly or through a Payment Processor, all Subscription Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorise us, through a Payment Processor, to charge your chosen payment provider (your ‘Payment Method’). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Indemnity
You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your User Content; (ii) your breach of this Agreement; (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services; or (iv) your violation of law. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defence and control of any matter which is subject to this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
Disclaimer of Warranty
THE SERVICES AND LOOP+ CONTENT ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE LOOP+ CONTENT (INCLUDING THE USER CONTENT) OR SERVICES, INCLUDING BUT NOT LIMITED TO ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT YOUR USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE LOOP+ DEVICE, THE SERVICES AND/OR THE LOOP+ CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE BASIS, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some territories do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, in which case the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF ANY PROVISION OF THESE SECTIONS IS HELD TO BE INVALID UNDER RELEVANT LAWS, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THE APPLICABLE SECTIONS.
FEEDBACK AND CHANGES TO SERVICES
The Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services, but this is not always practical. Similarly, we reserve the right to remove any loop+ Content or User Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed loop+ Content or User Content in violation of this Agreement), in our sole discretion, and without notice.
Any feedback, ideas, modifications, improvements or other suggestions (‘Feedback’) with respect to the Services made by you will be the property of loop+ and considered Confidential Information of loop+. You agree to assign, and hereby assigns, all right, title, and interest worldwide in the Feedback and the related intellectual property rights to loop+ and agrees to assist loop+ in perfecting and enforcing such rights. (By way of example, loop+ may incorporate any such feedback, suggestion or idea into subsequent versions of the device or into a new loop+ product offering without any obligation or compensation to you).
GENERAL
15.1 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. This Agreement will inure to the benefit of our successors and permitted assigns.
15.2 Governing Law; Venue. This Agreement is governed by the laws of the New South Wales, Australia, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive jurisdiction of the state and federal courts of New South Wales, Australia.
15.3 Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
15.4 Non-Waiver. Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
15.5 Entire Agreement. Except as expressly agreed by us and you, this Agreement, the Privacy Policy and any other terms presented to you on or before you create your Account and pay Fees constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
15.6 Headings. The section headings are provided merely for convenience and shall not be given any legal import.
15.7 Survival. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General.
15.8 Third Party Distribution Channels. loop+ offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (‘Distribution Channels’). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilise any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, ‘Apple-Enabled Software’), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
loop+ and you acknowledge that this Agreement is concluded between loop+ and you only, and not with Apple Inc. (‘Apple’), and that as between loop+ and Apple, loop+, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-exclusive, revocable, non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be loop+’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
loop+ and you acknowledge that loop+, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between loop+ and Apple, loop+, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to loop+ at the e-mail address, phone number or mailing address set forth in Section 15 of this Agreement.
loop+ and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
CONTACT
If you have any questions regarding the Services, please contact loop+ via e-mail at info@loopplus.com.au
Schedule 1
LOOP+ DEVICE LEASE TERMS
General
Users who choose not to purchase the loop+ Device are able to lease it (‘Leased Device’) on the terms and conditions of this Schedule 1.
Leasing transactions may occur where, for example, a therapist or case manager has recommended the use of the Leased Device for a patient on a short-term basis. Users who lease a Leased Device and then later decide to purchase a device, will typically be provided with a replacement device and would enter into a new contract.
With respect to all Leased Devices:
A minimum lease period of 3 weeks applies;
A fitout (installation and setup) cost as well as a delivery and retrieval cost; and
The current rate card for leasing Leased Devices is set out on the loop+ Website
Receipt and return of the Leased Device
We will deliver the Leased Device to you at the delivery address nominated by you (Delivery Address), and you agree to accept the delivery of the Leased Device. You agree to reimburse us for the cost of delivering the Leased Device to you, which will be payable in accordance with the Payment Terms.
On or before the return date notified to you by loop+ (Return Date) (or as otherwise provided under this Agreement), you agree to deliver the Leased Device to us at the return address nominated by us (Return Address) or be available for us to collect the Leased Device, from the original Delivery Address, on or after the Return Date at a time convenient to us, in accordance with the Return Process.
Title and Risk in the Leased Device
Risk in the Leased Device will pass to you when the Leased Device is delivered to the Delivery Address and you agree that from this time until the time that the Leased Device is returned to us at the Return Address or collected by us from the Delivery Address, you will be solely responsible for it.
Title in the Leased Device will at all times remain with us and you take the Leased Device as a bare bailee only.
Condition of the loop+ Device
As part of accepting the loop+ Device, you agree that, at the time of delivery, the loop+ Sensor Pad and loop+ control unit and any loop+ accessories were in good condition, clean, free from damage or defect, fit for the purposes expressed in this Agreement and provided in accordance with this Agreement (Original Condition).
While risk in the Leased Device is with you, in addition to and without limiting any other obligation under this Agreement, you agree to:
operate and maintain the loop+ Device in accordance with, this Agreement, the Training, the Manual and our reasonable instructions and directions;
protect and keep the loop+ Device in the Original Condition (including being in good working order and condition), subject to any reasonable fair wear and tear; and
use reasonable endeavours to prevent the loop+ Device from being subject to any loss, theft, damage, vandalism or destruction and notify us immediately if the loop+ Device, or any part of the loop+ Device, is stolen, lost, destroyed or damaged. No such loss, theft, damage or destruction of, or to, the loop+ Device will impair or frustrate any of your obligations under this Agreement (including, without limitation, payment of the Fees).
Support, Servicing and Repairs
You must contact us immediately if there are any technical or mechanical issues with the Leased Device.
To the extent any support, replacement, service or repairs are required in relation to the loop+ Device, you must ensure that this work is done by us and our authorised personnel, unless otherwise instructed or permitted by us.
Subject to the following paragraph, we will use reasonable endeavours to provide any support, replacement, service or repairs required in relation to the Leased Device in a timely manner and in our discretion, if requested, we may provide a replacement Leased Device to use in substitute while the service or repairs are being undertaken.
To the extent permitted by law and subject to your statutory rights, you agree that you are responsible for the costs associated with any repair or replacement to, or of, any loop+ Device (or part of any Leased Device) where this is required and is not as a result of any latent defect or our default of this Agreement (including, without limitation, as a result of loss, theft, damage, vandalism, misuse or neglect while the Leased Device is in your possession or control).
Repossession
If we suspect that you have breached a term of this Agreement (including the Manual), we may request that the Leased Device be immediately returned to us. If such a request is made, you must immediately deliver the Leased Device to us at the Return Address.
If you do not return the Leased Device on our request, we may report the Leased Device as stolen and take steps to access and repossess the Leased Device.
Security Interest
You agree to not create an encumbrance, lien, charge or other interest on or over the Leased Device.
You agree that we hold a general lien over the Leased Device, for the satisfactory performance of your obligations under this Agreement.
You acknowledge and agree our interest in the Equipment and all proceeds is a Security Interest and this Agreement is a Security Agreement;
that you consent to us registering our Security Interest on the Personal Property Securities Register (including as a purchase money security interest) and you agree to provide all assistance reasonably required by us to facilitate Registration; and
that you waive your right to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by the PPSA and cannot be excluded.
You acknowledge and agree that this Agreement is intended to create a Security Interest in the Equipment in the names of the respective title holders of loop+ Device.
In this Agreement, PPSA means Personal Property Securities Act 2009 (Cth). Unless otherwise defined in this Agreement, capitalised terms have the meanings given to them in the PPSA.
This Schedule 1 will survive termination or expiry of this Agreement.
Schedule 2
LOOP+ DEVICE TERMS – GENERAL
Risks
As with any new product, there may be some risks associated with the loop+ Device.
Muscle injury or fatigue
During use of the Services, you may be asked to perform several physical actions. These actions include certain leans while seated in your wheelchair, as well as transfers in and out of your wheelchair. Any of these actions pose the risk of muscle fatigue or injury.
If you have any existing physical issues, such as a muscle injury, or are experiencing pain or discomfort that you feel may prevent you from undertaking the actions described by loop+, please consult a medical professional before using the Device.
If at any time during usage of the Device you experience any physical issues, such as pain or discomfort, please discontinue usage of the Device and contact a medical professional.
Relying on information provided as medical advice
While the loop+ service tracks and records information about your activity, it is not intended to diagnose, treat, cure, or prevent any disease or condition. Information provided by the loop+ system must not be used as a substitute for seeking professional medical advice or services. Any information loop+ provides is for self-educational and informational purposes only.
DO NOT rely on the loop+ device for medical advice, diagnostic, medical or preventative health measures.
If you have a medical or health condition, including pressure injuries, ulcers or sores consult your doctor and/or health professional before using the loop+ service.
If, whilst using the loop+ Device, you experience a medical emergency or any indication you may be developing a medical issue (eg: a red area on your skin, a precursor to a pressure related injury) it is recommended that you stop using the device and consult with a medical professional immediately.
Data security
loop+ understands the importance of privacy to our customers, clients and users and are committed to safeguarding your information. As you use the device you will generate product data that will be collected and securely stored on the Device hardware, within the mobile app and uploaded to loop+ servers. As part of minimising this risk you must also take reasonable measures to ensure that third parties do not gain access to your information.
Always use a strong password when setting up your loop+ Account.
NEVER share your password with anyone.
Change your password frequently.
NEVER leave your devices unattended in public places.
NEVER connect to unsecured public or unknown WIFI networks.
Sensor pad and wheelchair cushion movement:
The loop+ Device should be positioned on top of the wheelchair base or sling and underneath the wheelchair cushion. The pad is intended to stay connected to the chair and cushion using attachments such as Velcro™. In some cases, inadequate attachment of the pad to the chair may cause the pad or cushion to move excessively. This could cause inaccuracies in data, as well as pose risks to the user.
DO NOT use the device with a cushion that is a poor fit for the chair.
Test and make sure that the device is installed properly before using wheelchair for daily use.
Regularly inspect and maintain pad and cushion securement elements.
DO NOT use the device if it is not properly attached.
If excessive movement of the wheelchair cushion is observed when using the loop+ Sensor Pad, the wheelchair user should remove the Sensor Pad and contact their loop+ supplier.
Batteries
The loop+ Device, should remain connected to the wheelchair. The loop+ control unit is powered by NiMH rechargeable batteries. Safety features have been built into the loop+ control unit batteries and charging circuits, however all batteries carry an element of risk. If misused or defective, batteries can cause damage such as leaking, fire or explosion. To avoid damage or injury it is important to follow these guidelines:
Ensure that the control unit does not get wet. If the control unit does get wet, DO NOT ATTEMPT TO RECHARGE. Remove it from the wheelchair and contact a member of the loop+ team for advice.
Never attempt to open the control unit to gain access to the batteries.
Never recharge the control unit whilst someone is seated in the wheelchair where the pad is placed.
Only use the charging cable(s) supplied with your loop+ device.
Do not recharge the control unit near flammable materials.
If the control unit appears to be unusually hot during charging, disconnect immediately and contact your loop+ supplier for advice.
In the unlikely event that you notice a burning smell during charging, disconnect immediately and contact your loop+ supplier for advice.
Handling and Disposal
Electromagnetic Radiation - Human Exposure Standards require that the loop+ Device is not to be used within 3cm of a person.
The loop+ Device contains Ni-MH rechargeable batteries. On no account should you attempt to replace the batteries or open the enclosure for any reason. Doing so may result in harm or injury.
The loop+ Sensor Device contains Ni-MH rechargeable batteries and should therefore be disposed of in accordance with State, Territory and/or Federal laws.
Product Compliance
We declare under our responsibility that the loop+ Sensor Pad, Model: Beta ver 1.00, complies with all applicable provisions of the directives and regulations listed below and are in conformity with the following standards.
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
Reorient or relocate the receiving antenna.
Increase the separation between the equipment and receiver.
Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
Consult the dealer or an experienced radio/TV technician for help.
Any changes or modifications made to the loop+ Device that have not been expressly approved by loop+ are not permitted and will void any warranty. Unauthorised changes or modifications may result in harm or injury. loop+ takes no responsibility for any damage or harm caused to the loop+ Device, person or property due to attempted modification and/or negligence and requests the immediate cessation of use of the device if such an instance occurs.
Warranty
General
The loop+ Devices come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
The loop+ Device comes with a maximum 2-year warranty (‘loop+ Warranty’), this is made up of a 12-month replacement warranty, followed by a 12 month period where the Device may be repaired or refurbished.
Where we have an obligation to repair a loop+ Device, we reserve the right to replace the loop+ Device with the same or equivalent device, rather than repair it.
Where we provide a replacement, we will determine, in our discretion, the closest device within the current range of loop+ Devices offered by us with which to replace the faulty or damaged device. The replacement loop+ Device may differ with the replaced device in size and specifications, at our reasonable election, however the size of your wheelchair will be taken into consideration and any replacement will meet those requirements. We may replace parts with refurbished parts. Replacement of the loop+ Device or a part under warranty does not extend or restart the warranty period.
Exclusions
The loop+ Warranty does not cover:
Lost loop+ Device(s)
Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by loop+
Damage or failure due to accident, acts of God, unauthorised commercial use, abuse, neglect, theft, unusual atmospheric conditions
Cosmetic damage
Any unauthorised modification to the product
Attempted repair by unauthorised persons or with any parts not originally intended for or compatible with the loop+ Device
Any alteration of the factory model name and/or serial number.
Warranty replacement procedure
To request a warranty replacement, you must contact loop+ Support at support@loopplus.com.au, at which point loop+ shall assess your claim and, if eligible under the conditions of warranty, send you a replacement loop+ Device as well as a return shipping label for the defective loop+ Device.
If you do not return the defective loop+ Device within thirty (30) days of receiving the return shipping label, loop+ shall have the right to charge you a restocking fee for the unreturned loop+ Device. loop+ reserves the right to charge you a restocking fee if you do not return the loop+ Device as described above, or remove your Payment Method.
NOTICE FOR CALIFORNIA MEMBERS
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.