Terms & Conditions
These terms apply to your access to, and use of, the entire contents of the https://www.austinassessment.org (“Website”) and the Austin Assessment iOS application ("Application"), including any unique URL that we may provide to you via the Website or Application, and any services made available to you via or in relation to the Austin Assessment whether through the Website or Application. The Website, Application, and the products, offerings, content and materials (including but not limited to vision screening and support) offered through the Website and Application are collectively referred to as the "Services" in these terms and conditions.
The Services are provided by or on behalf of The Austin McDowell Foundation (also called the "Austin Assessment", "we", "us" and "our" in these terms).
These terms form a legal agreement between you and us. You are considered to have accepted these terms if you click to confirm your acceptance or agreement (where this option is provided to you) or if you otherwise view, access or use the Services in any way.
If you do not agree to these terms, you are not permitted to use or in any way access the Services.
1. Your right to use the Services
So long as you comply with these terms, we grant you a non-exclusive and non-transferable right to access and use the Services in the manner we make them available to you. This right is subject to these terms and is limited by any additional terms and/or notices displayed as part of the Services or that we provide to you from time to time.
Except as set out in these terms, you are not granted any other rights in relation to the Services, specifically you are not authorised to use, adopt or otherwise adapt the information contained in or on the Website or the Application for your own purposes or research without our prior written consent.
Note: Access to the Services requires use of modern web browser or iOS devices capable of running at least iOS 16 (iPhone or iPad). Browsers and applications are constantly improving and for security reasons it is important that these are kept up-to-date.
2. Your right to use the Austin Assessment Content
As a part of the Services, you will complete the Austin Assessment (“the Austin Assessment Content”). We do not claim ownership of your content in the assessment you complete, nor do we claim ownership of the report generated following the assessment you are entitled to access and use (the "Report") so long as you comply with these terms. You are entitled to share, copy or distribute your Report to anyone else that you choose. You are not granted any other rights in relation to the Austin Assessment Content and your rights to the Austin Assessment Content cease when this agreement ends for any reason whatsoever.
3. Your Content
Subject to the provisions of this terms of use, we do not own any of the information nor data that you upload to or provide to enable you to make use of the Services ("Your Content") and in order for us to provide the Austin Assessment Content. However you grant to us the right to store, use, modify, adapt, reproduce, publish, display, distribute and communicate Your Content for the purpose of providing, enhancing and supporting the Services including for the purposes of enabling us to continue to undertake research to ensure we can better provide the Services and to improve screening for cerebral visual impairment. You grant us a non-exclusive licence to use Your Content for these purposes, a licence that will continue even if you delete your account.
If this agreement ends for any reason, or your profile account is closed (in accordance with section 13 (Ending the Services and this agreement) below), you will no longer have access to Your Content. We will retain Your Content for a period, dictated by legal requirements, best practice and the terms of our Privacy Policy.
Subject to the provisions of the Privacy Act 2020, you will not be able to access Your Content once your profile account has been closed or this agreement ends.
While we endeavour to backup and keep Your Content secure from loss we do not promise that it is completely secure or recoverable or will never be lost or damaged.
We reserve the right (but have no obligation to) remove or edit any of Your Content in our sole discretion.
4. Intellectual Property
We alone (or our licensors) own and shall retain all rights, title and interest, including intellectual property rights (whether or not registered and anywhere in the world), in and to the Services and Austin Assessment Content (including in the user interface, design and look and feel of the Services and in any underlying software, ideas or know-how).
Users of the Services and Austin Assessment Content can only use our intellectual property in accordance with these terms and conditions (as may be updated from time to time). Users are prohibited from copying, distributing, modifying or developing our intellectual property including but not limited to the Austin Assessment Content without our prior written consent.
Our intellectual property rights are protected by all relevant intellectual property laws to the fullest extent possible in the relevant jurisdiction.
We make no claims to any third party intellectual property which may be incorporated into the Services and Austin Assessment Content and which belong to their respective owners.
You agree that any feedback or suggestions that you provide to us in relation to the Services and the Austin Assessment Content may or may not be kept confidential by us at our sole discretion and becomes our intellectual property.
Our trademarks, copyright, logos and business, product and domain names are also owned by us (or our licensors) alone and you are not granted any rights or interests in any of them.
5. Your personal information
See our Privacy Policy for the way we collect and use your personal information.
6. These terms may change
From time to time, we may change these terms. We will endeavour to give you notice before the new version of the terms take effect by either emailing you with notice of the changed terms (sent to the email address you gave us when you signed up to the Services), or by displaying a notice as part of the Services (for example, on the Website or Application). Any use by you of the Services after the new version of the terms has been posted will confirm your acceptance of the new version of the terms.
7. Your responsibilities
You (and not us) are responsible for your use of the Services (including the Austin Assessment Content) and any and all activity that occurs under your profile account (including Content that is posted, created, transmitted or displayed). Such use and activity is collectively called "Your Activity" in these terms.
It is your responsibility to:
- Make sure you access and use the Services in a reasonable and proper manner and in accordance with the basis upon which it has been agreed that the Services are being made available to you and never in a way that breaks any applicable local, state, national or international laws or regulations or infringes our or anyone else's rights;
- Provide accurate, current and complete identification, contact and other information as may be required as part of the registration process or whenever otherwise required as part of your use of the Services;
- Comply with all our directions and restrictions regarding the use of the Services;
- Make sure your use of the Services, and anything you do or control, never impairs the Services or their use by other users;
- Make sure you do not, do not agree to, or do not authorise or encourage any third party to: Use the Services for any fraudulent or inappropriate purpose; Resell, duplicate, reproduce or exploit any part of the Services or Austin Assessment Content without our express prior written permission; or Use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services or Austin Assessment Content;
- Never attempt to undermine the security or integrity of the Services, circumvent any restrictions we place on your use of the Services, or obtain access to any part of the Services (including any Austin Assessment Content) that you have not expressly been given permission to access;
- Make sure your username and password is kept confidential and secure and are properly used by you (and immediately tell us whenever you have reason to believe that this hasn't happened or there has been any breach of security);
- Make sure that Your Content is free of anything illegal or that may be offensive, any viruses and anything else that infringes a third party's rights or could have a detrimental effect on the Services or us (including our reputation);
- Never access (or attempt to access) the Services in an automated manner or other than through the interface that we make available to you for access; and
- Never reproduce, duplicate, modify, reverse engineer, copy, resell, sub-license, create derivative works from or exploit any portion of the Services or Austin Assessment Content.
The Austin Assessment Content, your Report and Your Content can be used in research, so long as the assessment referred to in clause 2 is carried out correctly, in line with the instructions of use as outlined on the Website and explained in this research article: Validation of the Austin Assessment: A screening tool for cerebral visual impairment related visual issues.
Where the Application is being used for both professional use and for research purposes, it is the organisation’s/researcher’s responsibility to ensure all local protocols, rules and regulations are followed and approved, including in relation to ethics and participant’s consent.
You understand that violation of any of the foregoing may result in the immediate termination of this agreement and may subject you to penalties and other legal consequences as may be imposed by governing authorities within your country of residence.
8. Payments and donations
If you choose to pay for a Service offered by us, you will be directed to a payment gateway for processing of payment. This facility is managed by a third-party payment gateway provider and is subject to their terms and conditions. It is your responsibility to ensure that the transaction, credit or debit card information, and all other details you provide in relation to your payments made through the payment process are correct. You agree and acknowledge that we whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
9. Disclaimers and exclusions of warranties
Please note the following important disclaimers and exclusions of warranties, each of which applies to the extent permitted by law.
The Services are provided to you on an "as is" and "as available" basis and without warranties of any kind. Any product, offering, content and material downloaded or otherwise obtained through the use of the Website and Application is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Neither the Austin Assessment, any of our affiliates, nor any of our or our respective licensors, licensees, service providers or suppliers warrant that the Website and Application, or any function contained within, will be uninterrupted or error-free (including at a certain speed), that defects will be corrected and the Website and Application (or the servers that make them available) are free of viruses or other harmful components.
The nature of the Services means we disclaim all warranties (whether express or implied), including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement, that they will be reliable or always available, that they will meet your requirements, that any Austin Assessment Content or Content is accurate, current, complete or reliable, or that all problems can or will be corrected.
Neither the Austin Assessment, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content, and materials obtained or used through the Services, in terms of their correctness, accuracy, reliability or otherwise.
No advice or information obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these terms and conditions.
You acknowledge that the Austin Assessment is a screening test, not a diagnostic tool. Whether or not you, or the person undergoing the assessment, has CVI will need to be subject to detailed medical assessments by registered medical practitioners. The Austin Assessment makes no representations that the screening tool provides guaranteed or accurate results.
Sometimes the Services will be unavailable or your use will be limited because of maintenance or other work that is being undertaken.
10. Third party sites and services
The Services may reference and/or permit you to link to other websites, services or resources ("Third PartyProducts") on the Internet, and Third Party Products may contain links to the Website. When you access Third Party Products, you do so at your own risk. These Third Party Products are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third Party Products. The Austin Assessment neither endorses the information, content, presentation, or accuracy of such Third Party Products, nor makes any warranty, express or implied, regarding these Third Party Products. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such Third Party Products.
11. Changes to the Services
We may, at our sole discretion, modify the whole, or any part of, the Services at any time without notice to you and these terms continue to apply to any modified Services.
By signing up to the Services you agree to receiving emails from us regarding changes to the Services (for example, notifications of upcoming or recent updates, enhancements and support).
We may from time to time set upper limits on the storage space and bandwidth related to your profile account. If you exceed those limits we reserve the right to immediately disable your profile account or limit your use until you can reduce your bandwidth consumption to a level that we consider reasonable.
12. Ending the services and this agreement
You may cancel your profile account and end this agreement at any time for any reason on your "edit profile" page.
We may end this agreement at anytime for any reason. However, we will endeavour to give you at least 3 days notice beforehand. We may also end this agreement, and/or end, suspend or restrict your access and use of the Services, at any time without notice to you if:
- you have breached any of these terms; or
- we (in our sole discretion) consider it necessary or desirable to do so to protect our proper interests or the interests of anyone else.
Taking any of the steps above does not limit any other rights or remedies that may be available to us.
Ending this agreement or any of the Services does not affect sections 3, 4, 5, 6, 10, 11, 13, 14, 15 and 16 (which will continue to operate) or any rights or remedies that have accrued beforehand.
13. Limitation and exclusions of liability
We, and our affiliates, suppliers, contractors, directors, employees and agents ("Our Personnel"), will not be liable to you or any third party (to the extent permissible by law) for any loss or damage to Your Content, breach of security or privacy, loss of profit, revenue, opportunity or saving, or any incidental, indirect, special or consequential loss or damage.
If we or Our Personnel are liable to you for any reason, and for any reason we have not been able to exclude that liability under these terms, then the total aggregate liability of us and Our Personnel (together) to you in relation to the Services, the Austin Assessment Content, Your Content and all things we or Our Personnel have done or not done (including any breach of these terms) will under no circumstances exceed NZ$100.
The total aggregate liability above, and any exclusions or disclaimers of liability in these terms, shall apply however liability arises, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise.
We will not be responsible or liable for any failure or delay to perform our obligations due to any cause that is beyond our reasonable control or any failure by you to perform any of your obligations.
14. Indemnity
You fully indemnify us from and against all claims, damages, losses, liabilities and costs arising from or related to Your Activity or any breach of these terms by you.
15. General
In these terms, words in the singular include the plural and vice versa; any examples in these terms, and references to "including" and similar words, are illustrative only and do not imply any limitations; and clause and other headings are for ease of reading only and do not affect the interpretation of these terms.
You are not entitled to subcontract, transfer or assign any of your rights or obligations under these terms. We may subcontract, transfer or assign all or any part of our rights or obligations under these terms without prior notice to you.
These terms constitute the entire agreement and understanding between you and us in respect to its subject matter and replaces all previous agreements, understandings and representations relating to that subject matter and any additional or different terms that you may provide to us (including on any purchase orders).
Anything we need to notify or tell you of in writing under these terms may be sent to you by email to the last address you gave us writing. We can assume that any communication from us (including those sent by email or post) has been received by you two days (or seven days if by international post) after it was sent unless we have been notified to the contrary (for example, if we receive notice of failure or delay in the delivery of an email).
Any waiver of any of these terms must be in writing and signed by one of our authorised representatives. Any delay or failure by us to exercise any right does not prevent us from exercising that right, or any other right, on that or any other occasion.
If any provision of these terms is held to be illegal, invalid or unenforceable it shall be deemed to be amended so that it accomplishes the original purpose of that provision as far as possible. The legality, validity or enforceability of the remaining provisions shall not be affected.
These terms are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the New Zealand courts.