Chorus Customer App – Terms and Conditions

This self-service and communication platform application (“App”) is provided by Chorus Australia Limited ABN 45 616 910 564 (“Chorus”), for the use of customers (and their circle of care) who receive services from Chorus and our associated entities.

Every person using the App, must agree to the following Terms and Conditions (“T&Cs”). If you do not accept these T&Cs, you must refrain from using the App.

Your use of the App
1. To access the App, you must either be a customer using your own login granted to you by Chorus, or be part of a customer’s approved circle of care.
2. You must not without our express prior approval provide or reveal your login details to any other person. You are responsible for protecting the security and privacy of your login details and must notify us immediately in the event they are lost or if you know of or suspect any unauthorised use.
3. You are solely responsible for all activity that occurs under your account, and you warrant the accuracy of all data provided by you and entered in the App.
4. You must not misuse this App. For example, you will not use the App to:
  1. commit an unlawful act;
  2. transmit or distribute any virus, trojan, worm or malicious or harmful computer program or code (each a “Virus”) or any other material which is malicious, in breach of confidence or in any way offensive, obscene or an annoyance;
  3. do anything technologically harmful to another party or their information and communications technology (“ICT”) infrastructure;
  4. otherwise cause any harm, loss or damage to any other party.
5. Chorus reserves the right to amend, vary, remove, withdraw or restrict access to the App. We will not be liable if for any reason this App is unavailable (in whole or in part) at any time or for any period.
6. You must only upload images to the App that you are authorised to upload. This means that you are responsible for obtaining consent from any person who is pictured in an image uploaded to the App by you.
Third Party Material
1. The App is based on a platform developed and licensed to us by Checkedin Care Pty Ltd ABN 27 608 386 054 (“App Developer”).
2. Neither we nor our affiliates are responsible for the act or omission of the App Development or any other third party.
3. The App may contain third-party website links, information and other content supplied by third parties (“Third Party Material”). You acknowledge and agree that:
  1. the inclusion of Third Party Material on the App does not imply or constitute same; and
  2. your access to and use of any Third Party Material will be subject to its own terms and conditions of use.
Privacy and your information
1. Chorus is committed to protecting your privacy. By logging into and using this App, you:
  1. acknowledge and agree to the terms of our Privacy Policy, available here; and
  2. expressly consent to our collection of your personal information via this App, and to our use and disclosure of your personal information, in accordance with the Privacy Policy.
2. Without limiting anything in our Privacy Policy, Chorus may:
  1. collect information, such as mobile unique device ID, the IP address of your device, your operating system, the type of internet browser you use, the date and time of your visit, country from which you access this App and information about the way you access and use the App; and
  2. use cookies (a small text file stored in your device’s memory or on your hard disk for a pre-defined period of time) to identify specific machines in order to collect aggregate information on how visitors are experiencing the App.
3. By registering to use the App, you are agreeing to receive regular communications from Chorus. If you would like to stop receiving communications from Chorus at any time in connection with the App or close your App account, please contact Chorus by email at hello@chorus.org.au, or else by phone or in person.
4. You will be prompted by the App to permit access to images and video from your device’s gallery or camera. Once you grant access, your selected images and videos can be shared with selected individuals who use the App. Unless we obtain your permission prior, Chorus will not share these images and videos on platforms outside of the App; however, you acknowledge that it will become possible for other users to share your images and videos externally (for example, via the screenshot function).
Intellectual property, software and content
1. The intellectual property rights in all software and content made available to you on or through the App remain the property of Chorus or its licensors. All rights are reserved.
2. You may store, print and display the content supplied in the App solely for your own personal use. You are not permitted to use any of the content in connection with any business or commercial enterprise.
Liability, release and indemnity
1. You are responsible for the functionality and security of any connection that you use to access the App.
2. You must take your own precautions to ensure that your access to the App does not expose you to the risk of Viruses or damage to ICT equipment. You must ensure that the device used to access the App is protected by up-to-date anti-virus and malware protection. We do not warrant that any information, data, or other material accessible from the App is free of Viruses.
3. The transmission and exchange of information, and access to the App, is carried out at your own risk. Although Chorus takes measures to safeguard against unauthorised access to and disclosure of information, we do not warrant, represent or guarantee the security of any information which you transmit to us or receive from us electronically.
4. To the maximum extent permitted by law, Chorus expressly excludes all warranties and other terms which might otherwise be implied; and we will not be liable for any loss or damage arising out of or related to the use, inability to use, performance or failures of this App.
5. Your use of the App is solely at your own risk. You agree to release and indemnify, defend and hold harmless Chorus and its directors, officers, employees, consultants and agents, from any and all claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this App (or any person using your login details) or your breach of the T&Cs.
Termination for breachChorus reserves the right to terminate, disable, block or limit your access to or use of the App at any time if, in our absolute discretion, we consider that you have misused it or are in breach of these T&Cs.
Amendments to T&Cs
1. Chorus reserves the right to amend these T&Cs from time to time. Amendments will be effective immediately upon being posted on the App or otherwise notified to you.
2. Your continued access to and use of this App will be conditional on your agreement to such changes.
General
1. These T&Cs are in addition to and do not exclude or limit any rights or obligations under any separate agreement between you and Chorus.
2. The App is intended to be accessed and viewed by residents of Australia. These T&Cs are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
3. If Chorus waives any rights available to us under these T&Cs on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
4. If any of these T&Cs are held to be invalid, void, unenforceable or illegal for any reason, the remaining T&Cs shall continue in full force.