Platform Terms and Conditions

The Site is owned and operated by ExSitu Pty Ltd (ACN 631 066 683), who is referred to in these Terms as we, our or us. The term you or your refers to the person that created an Account.

These Terms govern your relationship with us when you use the Platform. Please refer carefully to the relevant sections of these Terms before you create an Account and start to use the Platform. By creating an Account, you (including, where applicable, the organisation you represent) will be deemed to have understood and accepted these Terms, which, together with the Privacy Policy and Website Terms and Conditions, will form a binding agreement between you and us

You acknowledge that you have read, understood and agree to be bound by these Terms

1. DefinitionsIn these Terms, unless the context clearly indicates otherwise, the following terms have the following meanings:Account means the online account you created on the Site which will be used by you to access and use the Platform and Services;
  Documents means any document generated for you by your use of the Platform or our Services.
  
  Platform means the online platform managed and operated by us, and used by you to access the Services, located on the Site;
  
  Privacy Policy means our Privacy Policy available here, or such other web address notified by us to you from time to time, which is incorporated into these Terms;
  
  Services means the services provided or to be provided by us to you under these Terms, including (1) access to the Site and Platform; and (2) the functionality on the Platform enabling you to create Documents;
  
  Site means www.myexsitu.com, including the Platform;
  
  Terms means these Platform Terms and Conditions, together with the documents referred to in them including the Privacy Policy;

1. TermThe agreement between you and us created by these Terms commences on the day you create an Account and continues until terminated in accordance with these Terms.

1. Changes to these Terms
  1. We may revise the provisions of these Terms from time to time, for example to reflect changes in the law or changes to the functionality of the Platform, the Services or the Site. If we make a change to these Terms, we will communicate this via the Site.
  2. If you do not agree to the changes to these Terms you should immediately cease to use the Site as your continued use of the Site will constitute acceptance of the changes to these Terms.

1. Accessing the Platform
  1. We will always aim to ensure that our Platform is available at all times. In certain limited cases, however, we may need to temporarily suspend availability to make certain changes. We will not be liable to you in any way if our Platform and/or Services (or any part of them) are unavailable at any time and for any period, or if the Platform does not operate as intended. The Platform is provided on an ‘as is’ and ‘as available’ basis to you.
  2. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and that they comply with them.

1. Your Account
  1. You are free to browse the Site but if you wish to use our Services you will need to access the Platform which requires you to have an Account. In order to have create an Account, you will require an email address and a password. We will hold your login details and any personal data you provide in accordance with our Privacy Policy.
  2. Accounts remain active for 28 days from the date of payment (with the exception of subscription services), at which point access to the Platform expires. It is your responsibility to ensure that you download and store any Documents you generate using the Platform prior to the Account being restricted.
  3. You are solely responsible for the activity conducted on your Account.
  4. You may not create an Account if you are under 18 years of age.
  5. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date and you generate any new Documents as necessary.
  6. We require that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account or Account information with anyone else. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.
  7. You must not use anyone else’s Account, unless for the purpose of facilitating access for an individual, in their presence and with their consent.
  8. We have the right to suspend or withdraw your Account and disable any user identification code or password, whether chosen by you or allocated by us, if in our opinion you have failed to comply with any of the provisions of these Terms.
  9. The internet is not a secure medium and privacy cannot be assured. We therefore do not accept responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the internet or if we send you such information at your request.

1. The Services
  1. Once you have created an Account, we grant you a non-exclusive, non-transferable, personal, limited revocable and non-sublicensable licence to access and use the Platform for personal and domestic use. You are not entitled to access and use the Platform and Services for any commercial, business or re-sale purpose.
  2. You will not acquire or be entitled to any rights other than those rights expressly set out in these Terms.
  3. You agree that you will comply these Terms at all times while using the Platform.
  4. You agree that failure to comply with these Terms will constitute a breach of these Terms, which may result in us terminating or suspending your access to the Site and/or Platform and/or Services.
  5. You acknowledge that from time to time we may introduce new versions of, and/or updates to, the Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of the Platform. Such upgrades may result in changes to the appearance and/or functionality of the Platform.
  6. We may suspend access to the Platform at any time in order to carry out scheduled or emergency maintenance. We shall give you advanced written notice of any scheduled maintenance.

1. Facilitating Use
  1. If you are facilitating access to the Platform and/or Services on behalf of another person, whether in a capacity as a family member, health care provider or some other professional service provider, the person must be present, and you must have the consent of the person for whom you are using the Platform and/or Services.
  2. By facilitating access to the Platform and Services on behalf of another person, you consent to the application of these Terms to you in the fullest extent permitted by law.
  3. Our Platform and Services are designed for the purpose of empowering an individual to make significant and meaningful decisions regarding their future care. By facilitating access, you agree to be responsible for ensuring the information entered into the Platform accurately reflects the individual’s instructions and you further agree you will not exert any pressure or undue influence over the individual through the process.
  4. To the fullest extent permitted by law, you agree to release and indemnify us against any claim brought against you by a person on whose behalf you accessed the Platform.

1. Documents
  1. Our Platform and Services together are a tool to assist you with helping you decide and document the Advance care directives. Information contained on our Site and Platform are for informative purposes only and is not a substitute for seeking the advice of an appropriately qualified health care professional.
  2. Any Documents created using our Platform or Services are solely your responsibility. We do not check your document or make any guarantee as to its accurateness. It is your duty to ensure the Documents accurately reflect your wishes. We will not be liable for any claims relating to any errors in, or omissions from, the Documents.
  3. If a Document needs to be signed and/or witness, it is your responsibility to ensure the Documents are executed in accordance with our recommendations.
  4. We do NOT store Documents on our Platform following the expiration of an Account. You are responsible for making all necessary arrangements to download and store any Documents you prepare using our Platform and Services.
  5. We do not share data or Documents with the Australian Government’s My Health Record service. Should you wish to upload your Documents to this service or another like it, it is solely your responsibility for doing so.
  6. We will not be held liable for any claims resulting from a health care provider, or any person responsible for your care, failing to locate your Documents, relying on an outdated version of your Documents, and/or failing to abide by your wishes outlined in the Documents.

1. Payments
  1. When making a purchasing Services via our Site or Platform, you will be directed to our third-party payment provider Stripe Payments Australia Pty Ltd A.C.N. 160 180 343. By making a payment, you agree to be bound by Stripe’s terms and conditions and agree to hold and keep us indemnified from any loss or damage you suffer as a result of using their payment service.
  2. When Purchasing Subscriptions Services you agree the Subscription Payment Terms

1. Liability and Disclaimer
  1. We are not a clinical service provider. Your use of the Site, the Platform and/or the Services does not create a clinician-patient relationship.
  2. You agree that all decisions you make on legal and health matters are your full responsibility and you agree to retain a healthcare professional in your area regarding any health issue of enough importance to reasonably require it.
  3. You agree that we do not provide any clinical advice. If you receive any communication from us, our agents, employees or any other associated entity, which is construed to be health care advice, you agree that it is NOT a communication authorised by us and you agree to immediately delete and disregard it.
  4. To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Platform and/or the Services and/or any inaccessibility of, interruption to or outage of our Platform and/or any loss or corruption of data and/or the fact that the Platform content is incorrect, incomplete or out-of-date.

1. Intellectual Property
  1. Unless we indicate otherwise, please note that we own or licence all rights, title and interest (including intellectual property rights) on our Platform and all of our Content. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our website or our Content.

1. Indemnity
  1. You agree to indemnify us and our officers, directors, employees, sublicensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Platform and/or Services, including but is not limited to:
    1. your use or misuse of the Platform or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
    2. your breach of the Terms;
    3. the use of any intellectual property created in respect of the Services not contemplated by the Terms or as a consequence of a breach of the Terms; or
    4. any activity which you engage on or through the Platform.
  2. This indemnity will survive termination of the Terms.

General
1. Any failure or delay by us in enforcing any provision in these Terms will not be construed as a waiver of any of our rights hereunder. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
2. If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The remaining Terms will continue to be valid.
3. Your use of the Platform and the Services and any dispute arising out of your use of them is subject to the laws of New South Wales and the Commonwealth of Australia and are subject to the exclusive jurisdiction of the courts operating in New South Wales.

For questions and notices, please contact us at:

Website: www.myexsitu.com

Email: admin@myexsitu.com

Last Updated: April 2021