Welcome to Trackd! We’re pleased to have you here. Before you start using Trackd, we need you to read and accept these Terms. These terms govern your use of Trackd, both as a casual visitor and a registered member when services and/or functionality becomes available. By accessing or using Trackd, you agree to be bound by the terms of this Agreement. And, if you register with Trackd as a member, then in addition to the terms that are applicable to all users of Trackd, terms applying only to members will apply to you too. These are your legal rights and obligations because if you can’t agree to our Terms, then you can’t use our services.

When we say you or your, we mean both you and the child or children in your care that you’re legally able to represent. When we say Trackd, we, our or us, we’re talking about our services. Our services consist of all the services we provide now or in the future including our online and mobile healthcare tracking products.

If you have any questions or comments about our Terms, please let us know.

Changes and amendments to this agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on Trackd. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.

Trackd does not provide medical advice

All of the material provided on Trackd, such as documents, treatments, dosages, graphs, patient profiles, photographs, images and any other material provided are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your general practitioner, paediatrician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on Trackd.

If you think you may have a medical emergency, call your doctor or emergency services immediately. Trackd does not recommend or endorse any specific tests, specialists, products, procedures and opinions.

Pricing

Use of and membership with Trackd is currently free. Trackd reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.

Privacy

We respect your privacy and take data protection seriously. In addition to these terms, our Privacy Policy sets out in detail how we process personal data that you enter into Trackd, like your name and email address. You agree that you have read, understood and accept Trackd’s Privacy Policy. When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings and to identify health care and therapy trends.

Confidentiality

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours. While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

We take security seriously and you should too. We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access and we may also restrict access to certain parts of our services until access verification was by an authorised user.

We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

Password and login identity

You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. Privileges may be suspended temporarily or terminated. If you realise there’s been any unauthorised use of your password or any breach of security to your membership you need to let us know immediately.

Membership eligibility

When you register to use our services and accept these terms, you become a member. To become a member, Trackd requires that you are either a (a) diagnosed patient or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to join, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in Trackd and who agrees to respect the privacy and preserve the dignity of all participants or (e) guest as authorised by a Trackd member or employee.

Children under the age of 18 are prohibited from registering as members. By registering as a member you represent that you are age 18 or older.

User roles and access permissions

An invited user is a person other than the member who has been invited to use our services such as a healthcare professional, therapist, parent or carer. If you’re an invited user, you must also accept these terms to use our services. Members inviting others in should understand the permissions being granted to invited users. You’ll be able to read more about user roles and levels of access, once Trackd launches.

Acceptable use

Members shall not post or upload any information or other content on Trackd that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libellous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of Trackd (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use Trackd to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All members represent and warrant that the information they provided when registering as a member, and all the information that they subsequently provide regarding their membership, is true and accurate and not misleading.

We reserve the right to restrict in our sole discretion who is eligible to use Trackd or our Services, or set up an account, and to reject a request to create a Membership account or close an account at any time without liability. We will only do this where we believe we have a reasonable concern or issue.

Intellectual property

We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Non-commercial use only

Our site content is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organisations, companies, and/or businesses may not become members and should not use Trackd without express consent from Trakd. All content shared within the site is not for external use.

Links to other websites

Trackd may contain links to other websites that are not under the control of Trackd. The inclusion of any link does not imply endorsement by Trackd of such site and Trackd is not responsible for the content of such linked sites.

Membership termination

You can easily terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately. You agree that Trackd may, with or without cause, immediately terminate your membership or limit or terminate your access to Trackd without prior notice. Without limiting the foregoing, the following may lead to a termination by Trackd of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity.

Disclaimer of warranties

The site and the content and services made available on the site are provided on an “as is” and “as available” basis. Trackd does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the site, the site content, or any advice or services provided through the site to the extent permitted by law. Trackd does not warrant that access to the site or its content or services will be uninterrupted or error-free or that defects in the site will be corrected.

The advice, recommendations, information, and conclusions posted or emailed by other members of the site are not in any way vetted, approved or endorsed by Trackd, and you use such information at your own risk.

Limitation of liability

Under no circumstances shall Trackd, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this site or due to your reliance on any of the content contained or the services provided on the site.

Indemnification

You agree to indemnify and hold harmless Trackd, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

International users

Trackd makes no claims that information on the site is appropriate or may be downloaded outside of New Zealand. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable New Zealand law and our Privacy Policy. If you are a non-New Zealand user, you acknowledge and agree that Trackd may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. By providing us with your information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

Maintenance, downtime and data loss

We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important. We strive to maintain the availability of our services. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.

Occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services. Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services. We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, or within our services when you log in).