Terms and Conditions 

These terms apply to your access to, and use of, the entire contents of https://www.austinassessment.org (the "Website"), the Austin Assessment iOS application, Android and the Austin Assessment Hub (the "Application"), and any services made available through them. The Website, Application, and all products, offerings, content and materials (including vision screening, educational resources, and support services) are collectively referred to as the "Services" in these terms and conditions.

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The Services are provided by or on behalf of The Austin McDowell Foundation (also referred to as "Austin Assessment", "we", "us" and "our" in these terms).

 

If you do not agree to these terms, you are not permitted to use or 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.

 

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 Application for your own purposes or research without our prior written consent.

 

Note: Access to the Services requires use of modern web browsers 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. The Austin Assessment Content

 

As part of the Services, you may complete the Austin Assessment (the "Austin Assessment Content"). 

 

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 right to share your Report survives termination of this agreement.

 

Important: You acknowledge that the Austin Assessment is a screening tool, not a diagnostic instrument. 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.

 

3. Intellectual Property

 

3.1 Our Intellectual Property

 

We alone 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. 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.

 

3.2 Trademarks

 

The Austin McDowell Foundation name, logo, and the Austin Assessment are trademarks of the Austin McDowell Foundation. Our trademarks, copyright, logos and business, product and domain names are owned by us alone and you are not granted any rights or interests in any of them.

 

3.3 Third Party Rights

 

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.

 

3.4 Feedback

 

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.

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4. Use of Austin Assessment Data for Ongoing Development

 

By using the Services, you consent to your assessment data being used for the ongoing development and improvement of the Austin Assessment. This use is essential to the Services and cannot be opted out of. Data will be de-identified where possible. If you have concerns about this or do not consent, please contact us at info@austinassessment.org before using the Services.

 

The assessment must be carried out correctly and in line with the instructions outlined on the Website.

 

4.1 Using the App for Academic Research

 

If you are using the Austin Assessment for a specific research purpose -  for example, to better understand the prevalence of cerebral visual impairment in different populations - the following additional requirements apply:

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• Ethics approval must be obtained from an appropriate organisation before the research begins

• Participants must be provided with clear information about the research process and the data being collected to allow them to give informed consent

• All local protocols, regulations, and consent procedures must be followed and approved

 

It is the responsibility of the organisation or researcher to ensure these requirements are met before using the Services for research purposes.

 

5. Your Responsibilities

 

You (and not us) are responsible for your use of the Services and any activity that occurs under your account. Such use and activity is collectively called "Your Activity" in these terms.

You are responsible for ensuring that:

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• Your use of the Services complies with all applicable laws and regulations and does not infringe the rights of any third party

• Information you provide is accurate, current and complete

• Your use of the Services does not impair the Services or their use by others

• Your account credentials are kept confidential and secure, and you notify us immediately of any suspected breach

• You do not attempt to undermine the security or integrity of the Services or gain unauthorised access to any part of the Services

• You do not use the Services for any fraudulent, unlawful or inappropriate purpose

• You do not reproduce, modify, reverse engineer, resell, sublicense or otherwise exploit any part of the Services without our prior written consent

 

Violation of any of the above may result in immediate termination of this agreement and may subject you to legal consequences.

 

6. Privacy and Personal Information

 

See our Privacy Policy for the way we collect and use your personal information. Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

 

6.1 Children's Privacy and Parental Consent 

 

The Austin Assessment is designed to screen children for cerebral visual impairment. If you are using the Services to assess a child under the age of 18, you confirm that:

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• You are the child's parent or legal guardian, OR - You have obtained explicit written consent from the child's parent or legal guardian to conduct the assessment 

• You have authority to provide the child's personal information to us 

• You have explained the nature of the assessment to the child in an age-appropriate manner where the child is able to understand (obtained child ascent or consent) 

 

We do not knowingly collect personal information directly from children under 18 without verified parental or guardian consent.

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If you believe we have collected information from a child without proper consent, please contact us immediately at info@austinassessment.org and we will delete such information promptly.

 

6.2 Data Breach Notification

 

If a data breach occurs that affects your personal information, we will:

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• Notify you within 72 hours of becoming aware of the breach, where we hold your email address

• Notify the New Zealand Privacy Commissioner where required by law

• Let you know what happened and what steps we are taking to address it

• Advise you on steps you can take to protect yourself

 

Notifications will be sent to the email address associated with your account.

 

7. Payments and Donations

 

7.1 Payment Processing

 

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 are not liable for any losses, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

 

7.2 Donations

 

The Austin McDowell Foundation is a registered charity in New Zealand. Donations may be tax-deductible. Donors should consult with their tax advisors regarding eligibility for tax benefits.

Donations support:

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• Development and distribution of the Austin Assessment

• Educational webinars and resources

• CVI awareness campaigns

• Research and development initiatives

• Administrative costs necessary for foundation operations

 

7.3 Refund Policy

 

Donations are generally non-refundable. However, if you believe a donation was made in error, please contact us within 7 days at info@austinassessment.org.

 

8. Changes to These Terms

 

From time to time, we may update these terms. We will let you know before any changes take effect, either by emailing you at the address you provided when you signed up, or by displaying a notice on the Website or Application.

 

If you do not agree to the updated terms, you must stop using the Services and may close your account by contacting us at info@austinassessment.org. Continuing to use the Services after changes take effect means you accept the updated terms.

 

9. Disclaimers and Exclusions of Warranties

 

The Services are provided to you on an "as is" and "as available" basis without warranties of any kind. Neither the Austin Assessment, any of our affiliates, nor any of our or our respective licensors, licensees, service providers or suppliers warrant that the Services will be uninterrupted or error-free.

 

9.1 Medical Disclaimer

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The Austin Assessment is a screening tool only and is NOT a medical diagnostic instrument. Results should not be used as a substitute for professional medical advice, diagnosis, or treatment. Any concerns about cerebral visual impairment (CVI) or vision problems must be evaluated by qualified medical professionals, including ophthalmologists, optometrists, or other appropriate healthcare providers. 

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information obtained through the Austin Assessment. 

 

If you think you or a child may have a medical emergency, call your doctor or emergency services immediately.

 

9.2 No Warranties

 

We do not warrant that: 

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• The Services will be uninterrupted or error-free

• Assessment results will be accurate in all cases

• The Services will meet your specific requirements

• Any defects will be corrected

Neither we, our affiliates, nor any of our respective licensors, service providers, or suppliers make any warranties, express or implied, regarding the medical accuracy, reliability, or completeness of screening results.

 

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:

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• 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 Provisions

 

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.

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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.

 

16. Contact Information

 

Austin McDowell Foundation
Email: info@austinassessment.org
Website: www.austinassessment.org