Client & Family App Terms

Sandwai Client & Family App

Terms and Conditions of Use (“Agreement”)

Last updated: October 2022

Please read these terms and conditions carefully before clicking the “I Agree” button, downloading or using this app.

1.  Interpretation and Definitions

1.1  Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2  Definitions

For the purposes of these terms and conditions:

Agreement means these terms and conditions that forms the entire agreement between You and the Company regarding the use of the Application.

Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.

Authorised User means a person who has been authorised as a user of the Services, including the Sites, by Sandwai or a customer of Sandwai.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Sandwai Pty Ltd (ABN 77 161 795 688).

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Application such as a computer, a mobile phone or a digital tablet.

Family Sharing / Family Group permits You to share Content with other family members by allowing them to view and download each other’s eligible Content to their associated Devices.

Jurisdiction refers to: Queensland, Australia.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You means the individual accessing or using the Application or the company, or any other person on behalf of whom You are accessing or using the Application, as applicable.

2.  Acknowledgement and about Sandwai

Sandwai Pty Ltd (ABN 77 161 795 688) (Sandwai) provides an online platform which enables authorised users including staff of organisations with whom have a software subscription with Sandwai, third party providers, clients and their families to access an integrated care platform and stay connected with essential information (the Services).

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

As this Agreement is between You and the Company only and not with the Application Store, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.

If you are accessing this Agreement, the Application and/or Services on behalf of a company or another legal entity, you represent and acknowledge that you have the authority to bind that person or legal entity and its affiliates (including in relation to consenting to our Privacy Policy described below), in which case references to “You” and “Your” in this Agreement shall also be a reference to such entity and its affiliates.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

3.  License

3.1  Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.

3.2  License Restrictions

Whether or not you are an Authorised User, or register as a user and open a user account, you must use the Application for lawful purposes only. You may not use our Application in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Application.

You are solely responsible for any Content and other material that you submit, upload, publish or display on the Application or that you otherwise provide to us for the purposes of the Services.

You warrant that you hold all appropriate, rights, licenses or permissions to upload and provide any information and material which contains the copyright or intellectual property belonging to a third party (including but not limited to any architectural plans, photographs, digital media or other designs).

You must not provide any person’s confidential information or personal information including phone numbers, addresses, credit card or financial information on the Application or to us without their consent.

Crawling, spidering or scraping of the Application is prohibited. You may not provide unauthorised interfaces to any of our applications.

By using our Services and the Application, you warrant and ensure:

  • that you do not breach any laws;
  • any Content is not unlawful or does not promote or encourage illegal activity;
  • any Content or your conduct when receiving the benefit of our Services does not mislead,
    deceive, embarrass, bully, victimise, harass, intimidate, threaten, impersonate, discriminate,
    defame or abuse any other person;
  • the Content is not unwanted or unsolicited or in breach of the Spam Act 2003;
  • the Content is not false, deceptive or misleading (or is likely to mislead or deceive);
  • you do not infringe any other party’s patent rights, trademark(s), copyright or other intellectual property rights.

We may delete or refuse to accept Content that we consider, in our discretion, breaches this Agreement or may cause reputational or operational harm to Sandwai.

4.  Intellectual Property

We own or are permitted to use all intellectual property in the Application and our Services.

You may not use any of our intellectual property for any purpose other than as required for the lawful use of the Application or for the sole purpose of receiving the benefit of the Services.

Subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes in your location, you may not, in any form or by any means:

4.1 – adapt, reproduce, broadcast, decompile, decrypt, disassemble, reverse engineer, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of the Application;

4.2 – remove, alter or obscure any proprietary notice (including any notice of copyright or trademark)
of the Company or its affiliates, partners, suppliers or the licensors of the Application or

4.3 – put to commercial use any information, products or services obtained from any part of the
Application; without our prior written consent (or the written permission of the author whom copyright is attributed).

All trademarks appearing on the Application are property of their respective owners, including, without limitation, Sandwai. No right, license or interest to such trademarks is granted by this Agreement.
You must obtain our prior written permission to include a text link on any website you operate linking back to the Application. If we do provide our consent, we reserve the right to revoke such consent in which case you shall immediately remove and disable any and all of your links to the Application.

5.  Content

5.1  Content Restrictions

The Company is not responsible for the entries, information or content of the Application’s users.
You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.

You may not transmit any Content that is unlawful, offensive, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful content or content promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including derogatory references or
    commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other
    targeted groups.
  • Spam, machine – or randomly – generated content, content constituting unauthorized or
    unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of
    lottery or gambling.
  • Content containing or installing any viruses, worms, malware, trojan horses, or other content
    that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Content that infringes on the proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, and to refuse or remove any Content.

The Company further reserves the right to make formatting and edits and change the manner any Content.

The Company can also limit or revoke the use of the Application if You post objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

5.2  Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

6.  Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

We aim to provide a service through our Application that is continually available and capable of use. We may however suspend access to the Application and Services at any time and for any reason, including without cause. The most likely reasons why we might suspend access to the Application includes (but shall not be limited to):

  • maintaining the Application or changing its features or functionality;
  • where there has been a breach of this Agreement;
  • faults, service outages or other technical problems;
  • a legal requirement, such as an injunction or due to an investigation by police or other law
    enforcement agency.

Unless the reason for suspension is unexpected, we will endeavour to give you reasonable notice before suspending access to the Application. We will not be liable for any suspension of the Application, regardless of the reason for suspension.

7.  Updates to the Application

We may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (Updates).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

8.  Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

9.  Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party Services.

You must comply with applicable third parties’ terms of agreement when using the Application. Third- party services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

10.  Privacy Policy

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy:

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of our Privacy Policy.

11.  Term and Termination

This Agreement shall remain in effect until terminated by You or the Company.

The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement may be terminated immediately by the Company, without prior notice, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

12.  Indemnification

To the extent permitted by law, You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable legal fees, due to or arising out of your: (a) use of the Application contrary to the terms of this Agreement; (b) breach of this Agreement or any law or regulation; or (c) violation of any right of a third party.

13.  No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application is suitable for any particular purpose, will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; or (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section 13 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

For the avoidance of doubt, the Application is NOT a lifesaving, medical or emergency app, and is not to be used for any lifesaving, medical or emergency environment or situation. Nothing we do on the
Application constitutes any form of advice or specialist advice. You must seek your own professional advice where appropriate.

14.  Limitation of Liability

Notwithstanding anything to the contrary in this Agreement and to the extent permitted by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to You will be limited in the aggregate to the license amount actually paid by You for the Application or through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of use, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

15.  Severability and Waiver

15.1  Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15.2  Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

16.  Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

17.  United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

18.  Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

19.  Governing Law

The laws of the Jurisdiction, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

20.  Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

21.  Contact Us

If you have any questions about this Agreement, You can contact Us: – By email:

22.  General

Notices to you under this Agreement will be sent to any email address you provide us. You will be treated as having received any email sent by us instantly upon its sending. You may only give notices to us (which must be in writing) by delivering them personally, or sending them by certified mail, to our registered office.

We may assign or novate any of our rights or obligations under this Agreement without your consent. You must not assign any of your rights or obligations under this Agreement.

This Agreement will continue to apply even when you are not using the Application and even if your access to the Application has been suspended or terminated.

No failure, delay, relaxation or indulgence by us in exercising any right conferred under this Agreement operates as a waiver of the right.

This Agreement constitutes the entire agreement between you and us in relation to its subject matter. Clauses 2, 3.2, 4, 5, 10-21 of this Agreement survive termination.

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