Terms of Use

The Apello application (Apello) provides a secure messaging service, referral service and directory of health professionals. Use of Apello is subject to these Terms of Use.

1 Legal agreement

  1. These Terms of Use form a legally binding contract between you and Forwrd Pty Ltd (“Forwrd”/“us”/”we”) in relation to your use of Apello. Your use of Apello means that you accept these Terms of Use. Please read them carefully. If you do not wish to accept these Terms of Use, you must not open or use Apello and you should uninstall it from your device.
  2. You must be 18 years of age or over to accept these Terms of Use and to download, install, access or use Apello.

2 Definitions

  1. Accountmeans the account that you set up to use Apello.
  2. Contentmeans all material created, submitted, sent and stored by any user of Apello. This includes all text, data, images and sound files and includes all messages sent and received using Apello. It does not include content that we make available with the app
  3. Apello Platform means the Apello application made available to you. The Apello Platform excludes all Content.
  4. Submitted Content means all Content that you upload to Apello or create using Apello, such as messages.

3 About Apello

  1. We are the owner and authorised distributor of Apello.

  2. Apello is available for download from the Apple App Store and Google Play Store to compatible devices, subject to these Terms of Use. Apello may not be available on operating systems and through browsers which are not up-to-date.
  3. You are responsible for all access to Apello through your device.
  4. To use Apello, you will require internet connectivity and appropriate telecommunication links. We will not have any responsibility or liability for any data usage, connection or other costs you may incur.
  5. You acknowledge that Apello is a software provider and is not a healthcare provider. You are responsible for all aspects of all professional and any other services provided by you.

4 Eligible users

  1. Apello is designed to be used by Australian-registered health professionals. Anyone can create a Apello account, however you will only have limited functionality until we verify that you are an Australian-registered health professional.
  2. Our determination as to whether a user is an Australian-registered health professional is in our sole discretion.
  3. We reserve the right to delete the accounts of individuals we determine are not Australian-registered health professionals.

5 Premium features

  1. The base Apello application (“Essentials”) is free to download and access. Users with Essentials (free version) access have restricted features.
  2. Additional functionality and features are available through purchase of a “Premium” subscription to Apello or through an enterprise arrangement.
  3. If you want to access premium features and you do not have an account through an enterprise arrangement, you may pay the monthly Premium subscription fee through the iTunes or App Store (for iOS), or in the Google Play Store (for Android). You can manage that recurring subscription in the relevant app store.
  4. If your account is de-activated or deleted during a month for which you have already paid the subscription fee, you are not entitled to any refund.
  5. The Pro subscription and any subscription under an enterprise arrangement is subject to these Terms of Use, including clauses9.5 and 10.1.

6 Your use of Apello

  1. You must sign up for an Account to use Apello. To set up an Account, you must use your email address and select a password. You must then submit information about yourself, including your name and gender, work email, position, the hospital/clinic at which you work, AHPRA number, Medicare provider number and a profile picture. You must ensure that the information you submit about your identity and about yourself is accurate.
  2. You are responsible for your use of Apello and your Account, including your password. You must keep your password secure and not allow anyone else to use your password to access Apello through your Account.
  3. We are not liable for any loss that results from any unauthorised use of your Account.
  4. You must only use Apello for clinical communication and in accordance with all applicable laws.
  5. When using Apello:
    1. you are responsible for ensuring that each person with whom you connect (and from whom you receive messages) is the person you think they are (i.e. check for false identities);
    2. you are responsible for checking that the person or people to whom you send a message is/are correct;
    3. personal information must only be sent in the course of arranging or providing healthcare services;
    4. your use of Apello must comply with your employer’s policies and guidelines (including in relation to the content of messages);
    5. you should ensure that a patient’s medical record is updated with any pertinent information communicated using Apello;
    6. except to update a patient’s medical record, you must not attempt to transfer, take a copy of or use Content for a purpose other than arranging or providing healthcare services to patients, and for professional networking.
  6. You must not:
    1. commercially exploit Apello;
    2. rent, lease, sublicense, loan, provide, or otherwise make available, Apello in any form, in whole or in part to any person (except by recommending that they download it themselves);
    3. copy, reproduce or distribute Apello in any manner or medium, in whole or in part, or decompile, disassemble, reverse engineer Apello;
    4. connect or combine Apello with, or incorporate or merge Apello in, any other programs or software;
    5. remove, alter, or obscure any product identification, copyright, intellectual property, author attributions, legal notices or other labels of origin or source in Apello; or
    6. alter, modify, enhance, or create a derivative work of Apello;
    7. use Apello in any unlawful or unauthorised manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
    8. act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Apello, any service or any operating system;
    9. infringe our intellectual property rights or those of any third party in relation to your use of Apello, including through your submission of Submitted Content;
    10. use Apello to transmit any material that is defamatory, offensive or otherwise objectionable or that breaches the confidence or privacy of any individual;
    11. use Apello in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
    12. attempt to collect or harvest any information or data from Apello or our systems or attempt to decipher any transmissions to or from the servers running Apello.
  7. You agree and warrant that:
    1. your use of Apello, and your Submitted Content, will not infringe any rights of third parties, including but not limited to intellectual property rights, moral rights and privacy rights; and
    2. you will use Apello in accordance with all applicable laws and regulations and will comply with all applicable professional standards; and
    3. if you cease to be an Australian-registered health professional, you will delete your Apello account and cease using Apello.
  8. You must notify us immediately if you become aware of any possible breach in security.

7 Content and Submitted Content

  1. While your Account is active, you are responsible for managing and retaining your Submitted Content and Content made available to you.
  2. You retain ownership of your Submitted Content. You grant us a non-exclusive, worldwide, royalty-free, fully-paid, irrevocable, transferable licence to host, cache, store, display, record and copy your Submitted Content solely for the purpose of providing Apello to you.
  3. We are not responsible for retaining Content. You should have procedures in place to back up Content in case it is no longer available to you through Apello.
  4. We may monitor, collect, use and store usage data, metadata and other anonymous aggregate data regarding your use of Apello.
  5. When your account is de-activated or deleted, your Submitted Content will be retained to continue to provide Apello to other users.

8 Privacy

  1. Any personal information that we collect from you through your use of Apello will be treated in accordance with our Privacy Policy, which you can locate at forwrd.com.au/privacy. We may update our Privacy Policy from time to time, and those changes become effective upon posting. It is your responsibility to review the Privacy Policy for any revisions.
  2. By downloading, installing, accessing or using Apello you consent to us collecting and handling any such personal information obtained from or about you in accordance with our Privacy Policy.
  3. You must comply with all applicable privacy laws when using Apello and, in particular, when submitting Submitted Content. You indemnify us for any loss suffered by us caused by your failure to comply with applicable privacy laws when using Apello and submitting Submitted Content.
  4. When your account is de-activated or deleted, we may continue to use your personal information to continue providing Apello to other users. Your personal information will be de-identified or deleted when required by, and in accordance with, applicable laws.

9 Suspending or terminating your Account

  1. Your access to Apello may be suspended temporarily or de-activated permanently:

    1. at any time, for any reason and without notice;
    2. if you are in breach of these Terms of Use; or
    3. if Apello, in its sole discretion, considers that you are not an Australian-registered health professional.
  2. If we suspend or de-activate your account because you breached these Terms of Use, you must not attempt to use Apello under any other name or user or on any other device.
  3. You may deactivate or delete your account by visiting your profile from within Apello or contacting admin@forwrd.com.au.

10 Availability and functionality

  1. Whilst we endeavour to ensure that Apello is available 24/7, we exclude (to the fullest extent permitted by law) all warranties, guarantees, representations (whether express or implied) as to the unavailability, currency, accuracy, suitability, functionality or reliability of Apello or any content we provide in relation to it.
  2. Due to the nature of the internet, we make no warranty, representation or guarantee that your access to Apello will be uninterrupted, timely or error-free. We may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, which may result in Apello being unavailable.
  3. You must ensure that you can meet your professional obligations if Apello is unavailable. Apello is a secure messaging platform and should not be used to exclusively to store patient information which should be in a patient file. We are not liable if, for any reason, Apello is unavailable at any time or for any period.
  4. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Apello may be read or intercepted by others, even though all transmissions are encrypted.
  5. Subject to any agreement made with us to the contrary:
    1. if the need arises, we may suspend access to Apello, or stop offering it indefinitely, without prior notice, and without liability; and
    2. we may also suspend or discontinue components of Apello functionality at any time, including the availability of any feature, database, or content, without prior notice, and without liability.

11 Changes to Apello and these Terms of Use

  1. We may change or update the functionality of Apello at any time and without notice to you. To continue using Apello, you may need to download and install the new version. By doing, so you agree to be bound by these Terms of Use, as they exist at that time.
  2. We reserve the right to amend these Terms of Use, from time to time. If we do so, we will notify you when you next access Apello. If you do not accept the changes to these Terms of Use, you must stop using Apello and uninstall it from your device. The most up-to-date version of these Terms of Use will be available through Apello.

12 Links to third party websites

  1. Links to other websites within Apello are provided for your convenience. We do not control these other websites and we cannot be responsible for the content or accuracy of the information or other material on these websites.
  2. The provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. We are not liable for any loss arising from your access to such sites or content. If you choose to click on a link within Apello and go to other unaffiliated sites, we are not responsible for the privacy practices of those sites.

13 Independence from platforms

  1. Apello is independent of any platform on which it is located. Apello is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an Operator).
  2. You and we acknowledge that these Terms of Use are concluded between us only, and not between you and an Operator or any of its subsidiaries. We, and not the Operators, are solely responsible for Apello and its content to the extent specified in these Terms of Use.
  3. You acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use and may have third party rights to enforce these Terms of Use against you.

14 Intellectual Property

  1. All intellectual property rights relating to the Apello Platform are owned by us or our related entities. You acquire no rights or licences in or to Apello other than the limited right to use Apello in accordance with these Terms of Use. We reserve all rights not expressly granted under these Terms of Use.
  2. Subject to your compliance with these Terms of Use, we grant to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use Apello on your device, solely for use by you in accordance with these Terms of Use.
  3. You must not do anything with Apello that is not expressly authorised by these Terms of Use.

15 Liability

  1. Australian consumer law implies certain consumer protection terms into these Terms of Use. In respect of any such implied conditions, warranties or guarantees which we cannot at law exclude, to the extent permitted by law, our liability is limited, at our option, to the replacement, repair or resupply of Apello, or a refund of the price you pay for Apello (if any) to you.
  2. To the maximum extent permitted by law, we exclude all liability for any loss or damage you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of your use of Apello, or any content, information, products or services available on or from Apello.
  3. You must comply with all laws applicable to your use of Apello and the applicable Operator terms and conditions of use.
  4. You indemnify us and the parties involved in providing Apello to you from and against all damage, claims, costs, charges and expenses arising out of your use of Apello.

16 Disputes

  1. Before escalating any disputes in relation to these Terms of Use, please provide us written notice of your concerns. We will use all reasonable endeavours to resolve any dispute arising in connection with the Terms of Use as soon as reasonably possible.
  2. If the dispute is not resolved within 20 business days of us receiving your written notice, the parties may agree to refer the dispute to mediation.
  3. Unless otherwise agreed, the mediation will be conducted in accordance with the Australian Dispute Centre’s Guidelines for Commercial Mediation by a mediator agreed by the parties or appointed by the Australian Dispute Centre.
  4. Unless the appointed mediator determines otherwise, the costs of the mediation will be shared equally between us and you.

17 Survival

  1. This agreement ends when your Account is de-activated. Indemnities and terms regarding liability and intellectual property rights survive the termination of this agreement.

18 General

  1. These Terms of Use are governed by the laws of Queensland. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and courts with jurisdiction to hear appeals.
  2. If you have any questions, complaints or claims in relation to Apello, you should contact us at info@forwrd.com.au.
  3. If we need to contact you we will do so by email or message through Apello.
  4. This version of the Terms of Use is dated September 2018.