Effective: 23rd August 2024
Arthritis NSW (ABN 64 528 634 894) of 202/65 Hume Street, Crows Nest NSW 2065 (‘Arthritis NSW’, ‘we’, ‘us’ and ‘our’) owns and operates the Clara website available at clara.arthritis.org.au and the Clara iOS and Android apps (together and separately, ‘Clara’).
By continuing to access Clara, you agree to be bound by the terms outlined below. Please check these Terms of Use regularly so you are aware of any updates to the terms. If you do not agree with any of the terms, as updated or amended, you must not use Clara.
Clara is directed to users who are at least 18 years old and are residing in and using Clara within Australia. We do not represent that content available on or through Clara is appropriate for use or available in other locations or complies with the laws (including intellectual property laws) of any country outside Australia. If you access Clara from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to your accessing of Clara from your location.
Purpose of our Services
Clara is intended to provide general information about arthritis to the Australian community.
No Medical Advice Provided
The information provided through Clara is not medical advice or intended to be a substitute for professional medical advice, diagnosis or treatment, and should not be relied on as medical advice, diagnosis or treatment. Clara is not intended for use in clinical practice or by healthcare professionals in the course of providing health services.
You should not make any medical related decisions or considerations based on your use of Clara or the information provided by Clara alone. If you require medical advice, diagnosis or treatment, you must seek the advice of an appropriately qualified healthcare professional. You must not disregard professional medical advice, or delay seeking it, because of any information contained in or available through Clara.
Privacy
Arthritis NSW will handle your personal information collected from or about you as a result of your use of Clara in accordance with our Privacy Policy. You should read our Privacy Policy and ensure that you are comfortable with it before using Clara.
Accuracy Disclaimer
You may ask a question or give a prompt to Clara (‘Inputs’). Using advanced natural language processing capabilities, which is a form of artificial intelligence and machine learning (‘AI’), Clara provides a response to these Inputs (‘Outputs’). In order to generate an Output Clara is trained on a database of articles, fact sheets, educational materials and other resources about arthritis.
Given the nature of AI, Outputs may sometimes oversimplify information or contain inaccuracies or be incorrect. You should not rely on Outputs as your sole source of information or as a substitute for professional medical advice.
You acknowledge that Outputs are informed by information that is collected from various datasets including information provided by third parties and that it is not commercially or reasonably practicable for Arthritis NSW to verify the accuracy of the information presented in every Output.
Limitation of Liability
Our services are provided “as is”. To the maximum extent permitted by applicable law, we and our affiliates and licensors accept no responsibility or liability at all arising from:
a) your use or reliance on Clara or its Outputs;
b) any interruption or discontinuance of any or all functionalities of Clara (regardless of whether this is the result of actions or omissions by us or one of our affiliates or of a third party); or
c) any damage, losses or expenses related to you or any business of yours including without limitation for indirect or consequential loss, lost data, lost profits, lost revenues or business interruption.
Although we make reasonable efforts to update the information on Clara, we do not make any representations, warranties or guarantees (whether express or implied) that the content on Clara or its Outputs are error free, accurate, complete, up to date, suitable for any particular purpose, of satisfactory quality, do not infringe any third party rights (including intellectual property rights), except only for the warranties, representations or guarantees which we cannot legally exclude under applicable law.
We do not guarantee that Clara is or will be secure or free from bugs or viruses or always available or functional. To the extent permitted by applicable law, we reserve the right to interrupt or discontinue any or all of the functionalities of Clara at any time.
Nothing in these Terms of Use limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by applicable law. Nothing in these Terms of Use will affect your statutory rights which cannot be excluded under applicable law including under the Australian Consumer Law.
Ownership of Content on Clara
Unless otherwise indicated, we or our licensors are the owner or the licensee of all content on Clara and in the material published on it (including all intellectual property rights in the content and material) including the trade marks, sounds, images, text, software, software code, interfaces, website structure, videos and copyright works and materials displayed on it, its layout and design (Intellectual Property Rights).
Our Intellectual Property Rights may not be copied, imitated or used by you, in whole or in part, without the prior written permission from us and our licensors. You must not use any part of the content on Clara for commercial purposes without first obtaining a written licence to do so from us and our licensors.
You may download, display, print or make a single copy of content in unaltered form for your own personal and non-commercial use only.
Requests and enquiries concerning reproduction rights and licences should be directed to Arthritis NSW on +61 2 9857 3300.
Trademarks
All Arthritis NSW and Clara logos and brand names are owned by Arthritis NSW unless otherwise stated and are protected by copyright, trademark and applicable intellectual property laws in Australia.
The Arthritis NSW and Clara logos must not be reproduced or used in any way unless Arthritis NSW provides its prior approval in writing. Permission to use the Arthritis NSW and Clara logos must be sought in writing by contacting us on +61 2 9857 3300.
Linked Websites, Platforms and Channels
Clara may contain links to other websites, platforms and channels (together and separately ‘Third Party Platforms’) that are not produced or managed by Arthritis NSW. We have no control over, or rights in, these Third Party Platforms. Please be aware that content on these Third Party Platforms may not remain current or be maintained. If you find that a link presented to you by Clara no longer works or takes you to an unintended platform, please contact us.
Any link to a Third Party Platform that is provided by Arthritis NSW or Clara is not an endorsement, approval, recommendation or preference by us of that Third Party Platform or any information, product or service referred to on that Third Party Platform. Arthritis NSW will have no liability for any information published on such Third Party Platforms, including where you have relied on such information.
We are not responsible for the privacy practices of any Third Party Platforms. Third Party Platforms may also have their own individual terms and conditions and you may be bound by those terms and conditions (if any) when accessing or using those Third Party Platforms.
Account
You may be required to register an account with Clara if you use the Clara iOS and Android apps.
Arthritis NSW may refuse your registrations if:
- you are impersonating another person; or
- you are attempting to create multiple accounts for or on behalf of a suspended user.
You must ensure that any registration details you provide us are, and will remain, up-to-date and accurate and keep those registration details safe and secure. You must notify us as soon as possible if you become aware that any of your registration details are out-of-date or inaccurate.
You must keep your login details and password confidential. You must not disclose it to any third party.
Your Use of Clara
You must not use Clara:
- for the purpose of providing medical advice to any person or in any manner that could have material impact on any person;
- to intentionally seek to obtain an Output that breaches applicable laws or infringes the rights of another person including intellectual property rights, moral rights or privacy;
- except as permitted in these Terms of Use, to copy, modify, translate, enhance or adapt Clara or any materials we provide;
- to reverse engineer, disassemble, or decompile Clara or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in Clara;
- to attempt to create any competitive product or any service which has features or functionality the same as or similar to the features and functionality of Clara or to copy any features, functions, graphics or interfaces of Clara;
- to defame, abuse, harass, stalk, threaten or otherwise offend any person;
- to publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- in connection with any automated scripting tools or software;
- to engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
- to impersonate any other person or entity;
- to share information which reasonably identifies another person without their consent;
- to upload, post, email, transmit or otherwise make available any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
- to breach any laws or regulations which are applicable to your use of Clara in your jurisdiction or these Terms of Use.
Modification, Suspension and Cessation
You acknowledge that from time to time we may need to modify Clara (for example, by adding, modifying or removing features and functionalities, layouts, changing the user interface, etc) or suspend Clara (for example, to perform maintenance, to implement upgrades and updates, to make modifications, etc) as a result of changes to technology, our practices and procedures, applicable laws and regulations or our goals and objectives.
You acknowledge that we provide Clara to you as a free service and that we incur costs and expenses in order to continue maintaining and operating Clara, and that we have a legitimate interest in avoiding unnecessary costs and expenses. Accordingly, we may terminate or cease the provision of Clara at any time.
Where we propose to terminate or cease the provision of Clara, we will endeavour to give you prior notice. However, we are not required to give any prior notice.
Consequences of Breach
If you breach these Terms of Use of use or any laws or regulations that are applicable to your use of Clara, we may terminate or restrict your access to and/or use of Clara with or without notice to you.
Termination by You
You may stop using Clara at any time without notice to Arthritis NSW.
Updates to Terms of Use
You acknowledge that, from time to time, due to changes to Clara, applicable laws and regulations, our practices and procedures and/or our goals and objectives, we may need to update these Terms of Use and that we have a legitimate interest in doing so. Accordingly, we may update these Terms of Use without notice to you (including where we do not hold your contact information). We will endeavour to provide you notice if changes to our terms will have a material detrimental impact on you if it is reasonably practicable for us to do so.
These Terms of Use are effective as at the date specified as the ‘Effective Date’ at the top of this document.
Governing Law and Jurisdiction
These Terms of Use are governed by the law of the State of New South Wales, Australia, which shall have exclusive jurisdiction over any disputes. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
Contact Us
If you have a concern, complaint or query about any of the content that may be published on the Clara, you should contact us using the details provided below.
Privacy Officer
Arthritis NSW
Suite 201/65 Hume St
Crows Nest NSW 2065
+61 (02) 9857 3300
privacy@arthritisnsw.org.au
arthritisnsw.org.au