AirHealth Pty Ltd (ABN 88 662 163 448) ("AirHealth", "we", "us" or "our") specialises in the provision of air quality information and forecasts via digital applications that enables suffers from respiratory illnesses to improve their quality of life. AirHealth consists of AirHealth, Melbourne Pollen, Canberra Pollen, Perth Pollen, Sydney Pollen, Pollen Forecast and AirRater, collectively defined as the “AirHealth Service”.

You acknowledge and agree that your access to and use of the AirHealth Service is governed in accordance with these terms and conditions (Terms of Use) which shall form a legally binding agreement between you and AirHealth.

Your consent

You should review these Terms of Use carefully before using the AirHealth Service. By indicating your acceptance to these Terms of Use by clicking "I accept” on our Apps when prompted, or by continuing to access the AirHealth Service, you acknowledge and agree that you have had an opportunity to read and understand these Terms of Use, consent to AirHealth collecting any personal information provided by you and agree to be bound by their terms and conditions. You also agree to be bound by the terms and conditions set out in the AirHealth Privacy Policy available on the AirHealth website (http://www.AirHealthLab.com/).

If you do not agree with all of the terms contained in these Terms of Use or our Privacy Policy, you should stop accessing and/or using the AirHealth Service.

You acknowledge that we may amend these Terms of Use from time to time in our absolute discretion. Any changes will be published on our website. If you do not accept the changes to the Terms of Use you must discontinue use of the AirHealth Service . By using the AirHealth Service, you agree that the then current version of these Terms of Use applies to your use of the AirHealth Service.

Accessing Premium Paid Services

In order to access the Premium Paid features of the AirHealth Service you may be required to register for a user account (Account) either with AirHealth or a third-party subscription provider. If you register to create your Account, you will be required to create a User ID and password. Together, these details constitute the authentication credentials (Credentials) you will use to sign on to the AirHealth Service.

It is your responsibility to protect your Credentials. Do not share your Credentials with others. You must notify us immediately if you become aware of any unauthorised use of your Credentials or of your Account.

AirHealth Service offers you the option of an annual or monthly subscription. Your subscription to the Account will renew automatically unless the auto-renew function is turned off at least 24 hours before the end of the current subscription period. You can manage your subscription and turn off the “auto renewal” function in your account settings with the third-party provider at any time after purchase. Further details on how to cancel your subscription are available on the websites of the third-party subscription providers, for instance, Apple and Google. Reminders and communications about the subscription are managed by the third-party platform. In addition to AirHealth’s Terms and Conditions, the third-party subscription provider will have its own Terms of Service and Privacy Policies that you will be required to comply with.

Payment will be charged to your Account upon confirmation of your purchase. In some instances, the AirHealth Service may offer you a “free trial period”. Cancelling the trial period will immediately disable your subscription. Any unused portion of a free trial period (if offered) is forfeited by you if you purchase any subscription to the AirHealth Service. All subscription purchases are NON REFUNDABLE to the fullest extent permitted by law. By subscribing you confirm that you have read the Terms of Service and the Privacy Policy and agree to be bound by their terms.

The AirHealth Service is designed for persons over 14 years of age only. Children under the age of 14 years should only access their Account while under the supervision of a parent, legal guardian, or other responsible adult.

Your use of AirHealth Services

The AirHealth Service is provided for informational purposes only and is not intended to be used as a medical device or to diagnose, prevent, treat, mitigate, compensate or alleviate hay fever, asthma or any other respiratory ailment. The AirHealth Service may be of assistance in the treatment of certain conditions; however the AirHealth Service does not provide any form of or medical or psychological advice or prognosis. The AirHealth Service is NOT a medical service. If you have any concerns regarding the use of the AirHealth Service, please talk with your GP or other relevant health care provider. By using the AirHealth Service you:

• warrant that you are using the AirHealth Service from within Australia;
• acknowledge that you will in no way whatsoever rely on any of its information, data, text, software, music, sound, photographs, graphics, video messages or other material (“Content”); and
• acknowledge that all Content displayed or generated by the AirHealth Service is only of a general and informational nature; and
• use of the AirHealth Service is entirely at your own risk.

The AirHealth Service is provided on an “as is” and “as available” basis and AirHealth, its affiliates, business partners and their respective employees, officers, agents and contractors make no representation nor warranty that all Content or information is complete, accurate, up-to-date or appropriate.

As a condition of your use of the AirHealth Service, you agree that you will not use the AirHealth Service for any purpose that is prohibited by these Terms of Use. In particular, you agree not to, unless expressly agreed by AirHealth in writing to:

• share your Account with any other person;
• expressly or impliedly impersonate any other person or entity or use the Account or password of another member at any time;
• use the AirHealth Service to defame, abuse, harass, stalk, threaten or otherwise offend any person;
• publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
• use any automated scripting tools or software;
• engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the AirHealth Service;
• upload, post, email, transmit or otherwise make available using the AirHealth Service 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;
• use the AirHealth Service for any commercial purpose whatsoever, including, without limitation, raising money, advertising or promoting a product, service or company;
• use the AirHealth Service for any government related purpose whatsoever, including, without limitation, emergency management or planning;
• use the AirHealth Service for any research related purpose whatsoever, including, without limitation, in research papers, publications, or reports.
• breach any laws or regulations which are applicable to your use of the AirHealth Service in your jurisdiction.

Appropriate legal action will be taken by AirHealth in respect of any use of the AirHealth Service that breaches the above terms.

Your content and data

In order to obtain the full benefit of the AirHealth Service you may be asked to provide certain information about yourself including, but not limited to, information related your location, personal medical history, current health issues, health goals, medications, allergies, immunisations, risk factors, areas of interest, and lifestyle patterns (collectively Your Content). By submitting any information, data, materials or other content to us, or otherwise permitting its collection from you, you are granting to us a licence to store, use, modify, display, manipulate and create derivative works using Your Content including providing information to you through the AirHealth Service.

You are solely responsible for ensuring that Your Content is accurate, complete and up to date and AirHealth is not responsible for the consequences of any inaccuracy in Your Content whether or not that inaccuracy was caused or contributed to by AirHealth.

Requests to remove non-anonymised data provided to AirHealth can be made by emailing privacy@airhealthlab.com. In certain circumstances, it may not be possible to completely remove some of Your Content and copies of Your Content may continue to exist on the AirHealth Service and/or elsewhere. We are not responsible or liable for the removal or deletion (or the failure to remove or delete) any of Your Content from the AirHealth Service.

Privacy

Any personal information collected by us, or otherwise collected by or on behalf of us, (including personal information forming part of Your Content) will be dealt with in accordance with our Privacy Policy. By agreeing to these Terms of Use, you also agree to our Privacy Policy, incorporated here by reference.

Exclusion of Warranties and Disclaimer

AirHealth and any information contained in the AirHealth Service are provided to you "as is" and on an "as available" basis. To the maximum extent permitted by law, AirHealth expressly excludes all representations, warranties, guarantees and endorsements, whether express or implied, in relation to the AirHealth Service, including, without limitation any warrant that:

• the AirHealth Service will meet your requirements or expectations;
• you will receive continuous, uninterrupted or secure access to the AirHealth Service or that its servers are free of computer viruses, bugs or other harmful components or that any defects with the AirHealth Service will be corrected within a reasonable time; or
• any information obtained from the AirHealth Service will be accurate, complete, reliable, up to date and suitable for your own individual purposes,

and accordingly, you use the AirHealth Service at you own discretion and risk and will be solely responsible for any loss or damage of any kind that you suffer as a result of or in connection with any disruption or other difficulties you experience in using the AirHealth Service or arising from your reliance on any information obtained from the AirHealth Service.

All information made available on the AirHealth Service is for information purposes only and is not a substitute for the advice of a qualified healthcare professional. In case of a health emergency, or if you have or suspect that you have a serious medical problem or condition, DO NOT contact Us. Please contact a qualified healthcare professional and/or call your emergency service immediately. You should never disregard medical advice or delay in seeking it because of information you provided by the AirHealth Service.

Limitation of Liability

To the maximum extent permitted by law and except where the relevant liability arises as a result of fraud or wilful misconduct on the part of AirHealth, AirHealth hereby expressly excludes all liability to you for any loss or damage (including, without limitation, direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit or loss of corruption or data) arising out of:

• your access to, use of, or inability to access or use the AirHealth Service ;
• your use of, or reliance on, any information made available via the AirHealth Service;
• any errors or omission in the information made available via the AirHealth Service, whether or not we are aware of such errors and omissions,

howsoever caused and whether arising in contract, tort, under statute or otherwise.

We acknowledge that some countries, states, or jurisdictions do not allow the exclusion or limitation of liability for loss or damage caused by gross negligence, personal injury or death, or of incidental or consequential damages, so the above limitations and exclusions may not apply to you, in which case AirHealth’s liability shall be limited to the fullest extent such exclusion or limitation is allowable under the applicable law.

Indemnity

You agree to indemnify AirHealth, our employees, commercial partners, licensors, contractors, officers, agents, related bodies corporate, and suppliers (Protected Parties) from all reasonable costs and expenses, losses and liabilities, claims, fines, penalties, demands, proceedings (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

• any use or misuse of the AirHealth Service by you or by any other person accessing the AirHealth Service using your user Account or password;
• any breach of these Terms of Use or any intellectual property or other right by you or any other person accessing the AirHealth Service using your user account or password; and
• any breach of an applicable law, regulation or licence arising from your use of the AirHealth Service or from the use of the AirHealth Service by any other person accessing the AirHealth Service using you user Account or password.

Changes to the Service

We may, from time to time, change or add to the AirHealth Service without notice. In the event we make changes to the AirHealth Service, your access to the AirHealth Service and any information contained on it may be limited or unavailable on a temporary or permanent basis. We will not be liable to you or any third party for any loss such suspension, termination, change or discontinuance may cause. We do not undertake to keep the AirHealth Service up to date and we will not be liable to you or anyone else if errors occur in the information in the AirHealth Service or if that information is not up to date. We reserve the right to cease operating the AirHealth Service at any time and for any reason.

Account Suspension or Cancellation

We may suspend or cancel your account and/or your access to the AirHealth Service with or without notice to you if:

• you do not comply with these Terms of Use;
• we are investigating a suspected breach by you of these Terms of Use;
• we form the view, acting reasonably, that it is necessary to do so in order to protect the security and integrity of the AirHealth Service, the interests of other members, AirHealth, the Protected Parties or any third party; or
• for any other reason.

Copyright and Intellectual Property

Unless otherwise indicated, we own, or licence from third parties, any and all right, title and interest (including as the case may be any copyright, designs, patents, trademarks and other intellectual property rights) in the AirHealth Service and in all of the material (including but not limited to information, text, graphics, logos, button icons, video images, audio clips, application, code, scripts, design elements and interactive features) made available via the AirHealth Service (Content).

Your use of the AirHealth Service, and use of and access to any Content, is for your personal, non-commercial use only. Use of the App does not grant or transfer any right, title or interest to you in relation to the AirHealth Service or the Content. We grant you a licence to access the AirHealth Service and view the Content only in accordance with these Terms of Use, and, where applicable, as expressly authorised by us and/or our third party licensors.

You may not, without the prior written permission of AirHealth and the written permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, communicate, post, distribute, show or play in public, adapt, change in any way or reverse engineer the Content, the AirHealth Service or any third party content displayed via the AirHealth Service for any purpose, unless otherwise expressly provided by these Terms.

Linked Websites

The AirHealth Service may contain links to websites operated by third parties (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any Linked Website. Unless specifically stated, the inclusion of a Linked Website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Linked Website, or for any information, product or service referred to on the Linked Website.

Your use of any Linked Website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Website and not by these Terms of Use.

We are not responsible for the privacy practices of any third party social media or other service providers that you can access through this App.

Governing Law

These Terms of Use are governed by the laws in force in Victoria Australia, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.

Entire Agreement

These Terms of Use embody the entire agreement and understanding between the parties concerning its subject matter and succeeds and cancels all other agreements and understandings concerning the subject matter of these Terms and any warranty, representation, guarantee or other term and condition of any nature not contained in these Terms of Use is of no force and effect.

Severability

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Invalid or unenforceable provisions

The provisions in this agreement relating to Limitation of Liability and Indemnity are for the benefit of AirHealth and their Protected Parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Waiver

AirHealths failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Any cause of action or claim you may have with respect to your use of the AirHealth Service must be commenced within one (1) year after the claim or cause of action arises.

Survival

The provisions in this agreement relating to Limitation of Liability and Indemnity will survive the termination of this Agreement.

Assignment

AirHealth and the Protected Parties may assign their rights and duties under this Agreement to any party at any time without notice to you.

Notice

AirHealth may deliver notice to you under these Terms and Conditions by a general notice through the AirHealth Service.

Contact us

Please contact us at TheTeam@AirHealthLab.com.

Effective Date: 27 September 2023